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2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
BILL C-23
An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Fair Elections Act.
2000, c. 9
CANADA ELECTIONS ACT
Amendments to the Act
2. (1) The definition “Commissioner” in subsection 2(1) of the Canada Elections Act is replaced by the following:
“Commissioner”
« commissaire »
“Commissioner” means the Commissioner of Canada Elections appointed under subsection 509(1).
2003, c. 19, s. 1(1)
(2) The definitions “candidate”, “chief agent”, “election period”, “electoral district agent”, “eligible party”, “leadership campaign agent”, “leadership campaign expense”, “leadership contestant”, “nomina- tion campaign expense”, “nomination contestant”, “official agent”, “registered agent”, “registered association” and “registered party” in subsection 2(1) of the Act are replaced by the following:
“candidate”
« candidat »
“candidate” means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not yet complied with sections 477.59 to 477.72 and 477.8 to 477.84 in respect of that election.
“chief agent”
« agent principal »
“chief agent” means the chief agent named in the application of a political party to become a registered party as required under paragraph 385(2)(h) or a chief agent’s replacement appointed under subsection 400(1).
“election period”
« période électorale »
“election period” means the period beginning with the issue of the writ and ending on polling day or, if the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, on the day that the writ is withdrawn or deemed to be withdrawn.
“electoral district agent”
« agent de circonscription »
“electoral district agent” means a person appointed under subsection 456(1), and includes the financial agent of a registered association.
“eligible party”
« parti admissible »
“eligible party” means a political party that satisfies the criteria for registration set out in section 387.
“leadership campaign agent”
« agent de campagne à la direction »
“leadership campaign agent” means a person appointed under subsection 478.5(1), and includes the financial agent of a leadership contestant.
“leadership campaign expense”
« dépense de campagne à la direction »
“leadership campaign expense” means an expense reasonably incurred by or on behalf of a leadership contestant during a leadership contest as an incidence of the contest, including a personal expense as defined in section 478.
“leadership contestant”
« candidat à la direction »
“leadership contestant” means a person who has been registered in the registry of leadership contestants referred to in section 478.4 in respect of a leadership contest and who, or whose financial agent, has not yet complied with sections 478.8 to 478.97 in respect of that leadership contest.
“nomination campaign expense”
« dépense de campagne d’investiture »
“nomination campaign expense” means an expense reasonably incurred by or on behalf of a nomination contestant during a nomination contest as an incidence of the contest, including a personal expense as defined in section 476.
“nomination contestant”
« candidat à l’investiture »
“nomination contestant” means a person who is named as a nomination contestant under paragraph 476.1(1)(c) in a report filed in accordance with subsection 476.1(1) in respect of a nomination contest and who, or whose financial agent, has not yet complied with sections 476.75 to 476.94 in respect of that nomination contest.
“official agent”
« agent officiel »
“official agent” means a person appointed under subsection 477.1(1) or an official agent’s replacement appointed under section 477.42.
“registered agent”
« agent enregistré »
“registered agent” means a person appointed under subsection 396(1), and includes the chief agent of a registered party.
“registered association”
« association enregistrée »
“registered association” means an electoral district association that is registered in the registry of electoral district associations referred to in section 455.
“registered party”
« parti enregistré »
“registered party” means a political party that is registered in the registry of political parties referred to in section 394 as a registered party.
(3) The definition “contribution monétaire” in subsection 2(1) of the French ver- sion of the Act is replaced by the following:
« contribution monétaire »
monetary contribution
« contribution monétaire » Toute somme d’argent versée et non remboursable.
(4) The definition “election documents” in subsection 2(1) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the prescribed forms referred to in section 162 and any other prescribed form to be used at a polling station that contains personal information relating to an elector.
(5) Paragraph (c) of the definition “judge” in subsection 2(1) of the Act is replaced by the following:
(c) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court of the Province;
(6) Paragraph (e) of the definition “judge” in subsection 2(1) of the Act is replaced by the following:
(e) in relation to the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador;
(7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“capital asset”
« bien immobilisé »
“capital asset” means any property with a commercial value of more than $200 that is normally used outside an election period other than for the purposes of an election.
2006, c. 9, s. 39
(8) Subsection 2(2) of the Act is replaced by the following:
Commercial value of capital assets
(1.1) For the purposes of this Act, the commercial value of any capital asset that is used during an election period is the lower of
(a) the commercial value of the rental of the same kind of asset during the period during which the capital asset was used, and
(b) the commercial value of the same kind of asset if one were purchased.
No commercial value
(2) For the purposes of this Act, other than section 477.9, the commercial value of property or a service is deemed to be nil if
(a) the property or service is provided by a Canadian citizen, or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is not in the business of providing that property or service; and
(b) the commercial value of the property or service is $200 or less.
(9) Section 2 of the Act is amended by adding the following after subsection (5):
Definition of “polling day”
(6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Part 17 and Divisions 1, 2, 4 and 5 of Part 18, “polling day” means the day that the writ is withdrawn or deemed to be withdrawn.
3. Section 13 of the Act is replaced by the following:
Appointment and term of office
13. (1) There shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour for a term of 10 years. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.
No re-appointment
(2) A person who has served as Chief Electoral Officer is not eligible for re-appointment to that office.
4. Paragraph 16(d) of the Act is replaced by the following:
(d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act, other than Division 1.1 of Part 16.1.
5. The Act is amended by adding the following after section 16:
Guidelines and interpretation notes
16.1 (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants.
Application
(2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants.
Consultations
(3) Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 15 days after the day on which the copy is sent.
Comments
(4) The Chief Electoral Officer shall, in preparing the guideline or interpretation note, take into consideration any comments received under subsection (3).
Pre-publication
(5) The Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the guideline or interpretation note as well as a notice stating that the guideline or interpretation note will be issued at the expiry of that period.
Pre-publication — additional requirement
(6) In the case of an application made under subsection (2), the guideline or interpretation note and the notice shall be published under subsection (5) within 60 days after the day on which the application is made. However, if the 60-day period coincides or overlaps with the election period of a general election, they shall be published under subsection (5) no later than 60 days after polling day for that election.
Issuance
(7) On the expiry of the period referred to in subsection (5), the Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4.
Nature of guidelines and interpretation notes
(8) The guidelines and interpretation notes are issued for information purposes only. They are not binding on registered parties, registered associations, nomination contestants, candidates or leadership contestants.
Application for written opinion
16.2 (1) The Chief Electoral Officer shall, in accordance with this section, on applica- tion by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act to an activity or prac-tice that the registered party or a registered association, a nomination contestant, a candidate or a leadership contestant of the registered party proposes to engage in.
Consultations
(2) Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 15 days after the day on which the copy is sent.
Comments
(3) The Chief Electoral Officer shall, in preparing the opinion, take into consideration any comments received under subsection (2).
Pre-publication
(4) Within 60 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 60-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 60 days after polling day for that election.
Issuance
(5) On the expiry of the 30-day period referred to in subsection (4), the Chief Electoral Officer shall issue the opinion by registering it in the registry referred to in section 16.4.
Opinion binding
(6) If all the material facts have been submitted by an applicant for an opinion and they are accurate, the opinion issued by the Chief Electoral Officer under this section is binding on the Chief Electoral Officer and the Commissioner with respect to the activity or practice of the registered party, registered association, nomination contestant, candidate or leadership contestant in question. It remains binding for as long as the material facts on which it was based remain substantially unchanged and the activity or practice is carried out substantially as proposed.
Precedential value
(7) An opinion issued by the Chief Electoral Officer under this section has precedential value for the Chief Electoral Officer and the Commissioner.
Contrary interpretation
(8) The opinion remains binding in accord-ance with subsection (6), and has the prec-edential value referred to in subsection (7), for as long as a contrary interpretation has not been subsequently issued by means of a guideline or interpretation note issued under section 16.1 or an opinion issued under this section.
New interpretation
16.3 An interpretation of a provision of the Act in a guideline or interpretation note that is published under subsection 16.1(5) or in an opinion that is published under subsection 16.2(4) that contradicts an interpretation of that provision provided in a previously issued guideline, interpretation note or opinion does not replace the interpretation in that previously issued guideline, interpretation note or opinion until the date that the guideline or interpretation note is issued under section 16.1 or the opinion is issued under section 16.2.
Registry
16.4 The Chief Electoral Officer shall establish and maintain a registry on his or her Internet site that contains every guideline and interpretation note that is issued under section 16.1, every opinion that is issued under section 16.2 and all comments of the Commissioner that are provided under subsection 16.1(3) or 16.2(2).
5.1 The Act is amended by adding the following before section 17:
Power to disclose documents and information
16.5 (1) The Chief Electoral Officer may disclose to the Commissioner any document or information that he or she has obtained under this Act and that he or she considers useful to the Commissioner in the exercise or perform-ance of his or her powers, duties and functions under this Act.
Obligation to disclose documents and information
(2) On the request of the Commissioner, the Chief Electoral Officer shall disclose to the Commissioner any document or information that the Chief Electoral Officer obtained under this Act and that the Commissioner considers necessary to the exercise or performance of his or her powers, duties and functions under this Act.
2007, c. 21, s. 2
6. Subsections 17(1) and (2) of the Act are replaced by the following:
Power to adapt Act
17. (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.
Limitation — power to adapt
(2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.
7. Section 18 of the Act is replaced by the following:
Public education and information programs
17.1 The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to students at the primary and secondary levels.
Advertising
18. (1) The Chief Electoral Officer may transmit or cause to be transmitted advertising messages, both inside and outside Canada, to inform electors about the exercise of their democratic rights. Such advertising messages shall only address
(a) how to become a candidate;
(b) how an elector may have their name added to a list of electors and may have corrections made to information respecting the elector on the list;
(c) how an elector may vote under section 127 and the times, dates and locations for voting;
(d) how an elector may establish their identity and residence in order to vote, including the pieces of identification that they may use to that end; and
(e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.
Clarification
(1.1) For greater certainty, subsection (1) does not prevent the Chief Electoral Officer from transmitting or causing to be transmitted advertising messages for any other purpose relating to his or her mandate.
Communication with electors with disabilities
(2) The Chief Electoral Officer shall ensure that any information provided under subsection (1) is accessible to electors with disabilities.
Unsolicited calls
(3) The Chief Electoral Officer shall not provide information under this section by the use of calls, as defined in section 348.01, that are unsolicited.
2001, c. 21, s. 2
8. Section 18.1 of the Act is replaced by the following:
International cooperation
18.01 The Chief Electoral Officer may, at the Governor in Council’s request, provide assist- ance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.
Alternative voting process
18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting processes, and may devise and test an alternative voting process for future use in a general election or a by-election. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters or, in the case of an alternative electronic voting process, without the prior approval of the Senate and the House of Commons.
Power to enter into contracts, etc.
18.2 (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name.
Leases
(2) The Chief Electoral Officer may authorize a returning officer to enter into a lease in the Chief Electoral Officer’s name, subject to any terms and conditions that the Chief Electoral Officer specifies.
Contracts, etc., binding on Her Majesty
(3) Every contract, memorandum of understanding and arrangement entered into in the Chief Electoral Officer’s name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Chief Electoral Officer.
Goods and services
(4) Despite section 9 of the Department of Public Works and Government Services Act, the Chief Electoral Officer may procure goods and services from outside the federal public administration.
9. The Act is amended by adding the following after section 18.2:
Signature
18.3 A requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer au- thorizes.
10. Section 20 of the Act is replaced by the following:
Technical assistance
20. (1) The Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses.
Casual and temporary staff
(2) Any additional officers, clerks and employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.
11. The Act is amended by adding the following after section 21:
Advisory Committee of Political Parties
Establishment
21.1 (1) A committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader.
Purpose
(2) The purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing.
Advice and recommendations not binding
(3) The committee’s advice and recommendations are not binding on the Chief Electoral Officer.
Meetings
(4) The committee shall meet at least once a year and its meetings shall be presided over by the Chief Electoral Officer.
12. (1) Paragraph 22(1)(a) of the Act is replaced by the following:
(a) field liaison officers appointed under section 23.2;
(a.1) returning officers appointed under subsection 24(1);
(2) Subsection 22(1) of the Act is amended by adding the following after paragraph (g):
(g.1) persons appointed under section 32.1;
13. The Act is amended by adding the following after section 23:
Unsolicited calls
23.1 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.
Field Liaison Officers
Appointment of field liaison officers
23.2 (1) The Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.
Qualifications
(2) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as field liaison officers and shall establish for field liaison officers an external appointment process as defined in subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (9).
Meaning of merit
(3) The appointment of a person as a field liaison officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to
(a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and
(b) any current or future operational requirements.
Period of appointment
(4) A field liaison officer shall be appointed for the period determined by the Chief Electoral Officer.
Re-appointment
(5) The Chief Electoral Officer may re-appoint any field liaison officer who has performed the functions of a field liaison officer in a satisfactory manner, regardless of whether or not other persons are considered for the appointment.
Continuation in office
(6) A field liaison officer may, with the Chief Electoral Officer’s approval, continue in office after the expiry of the period referred to in subsection (4) until the field liaison officer is re-appointed or another person is appointed to the office.
Responsibilities
(7) A field liaison officer is responsible, under the Chief Electoral Officer’s general direction, in respect of the geographical area to which they are assigned, for
(a) providing support to returning officers;
(b) acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; and
(c) on the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.
No partisan conduct
(8) No field liaison officer shall knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.
Removal from office
(9) The Chief Electoral Officer may remove from office any field liaison officer who
(a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing their duties and functions under this Act;
(b) fails to discharge competently a field liaison officer’s duties and functions under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or
(c) contravenes subsection (8), whether or not the contravention occurs in the perform- ance of their duties and functions under this Act.
2003, c. 19, s. 2
14. (1) Subsection 24(6) of the Act is replaced by the following:
No partisan conduct
(6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.
(2) Section 24 of the Act is amended by adding the following after subsection (7):
Temporary suspension
(8) During an election period, the Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).
Duration of suspension
(9) The period of suspension expires on the day that is 120 days after the end of the election period, or at the end of any shorter period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the pe-riod of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.
15. Subsection 27(1) of the Act is replaced by the following:
Delegation
27. (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to perform any of the duties or functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 63 and 67, subsections 71(1) and 72(1), sections 74, 77, 103, 104, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.
16. (1) Section 28 of the Act is amended by adding the following after subsection (3):
Designated person to act
(3.01) If a returning officer is under suspension during an election period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, perform the duties and functions of a returning officer in relation to that election.
2006, c. 9, s. 176
(2) Subsection 28(3.1) of the French version of the Act is replaced by the following:
Exercice de l’intérim par une autre personne
(3.1) En cas d’absence ou d’empêchement du directeur du scrutin et du directeur adjoint du scrutin, ou de vacance simultanée de leurs postes, pendant la période électorale, le directeur général des élections désigne une personne pour assurer l’intérim à l’égard de l’élection, tant pendant qu’après cette période.
17. The Act is amended by adding the following after section 32:
Additional election officers
32.1 After the issue of the writ, a returning officer may, with the Chief Electoral Officer’s approval, in the prescribed form, appoint any other person whose attendance is, in the returning officer’s opinion, necessary for the conduct of the vote or the counting of the votes at a polling station or an advance polling station, and may assign to that person any duties or functions that the returning officer considers to be appropriate.
18. Subsection 34(1) of the Act is replaced by the following:
Deputy returning officers
34. (1) Each deputy returning officer referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished first in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.
19. Subsection 35(1) of the Act is replaced by the following:
Poll clerks
35. (1) Each poll clerk referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished second in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.
20. Sections 36 and 37 of the Act are replaced by the following:
Appointment
36. A returning officer shall proceed to appoint deputy returning officers and poll clerks from other sources if, by the 24th day before polling day, none of the candidate, the registered association and the registered party has made a recommendation or all three have not, as a group, recommended a sufficient number of suitable persons.
Refusal to appoint
37. (1) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a candidate, a registered association or a registered party and shall immediately advise the candidate, registered association or registered party of the refusal.
Recommendation of another person
(2) If as a result of the refusal a position is not filled, the candidate, registered association or registered party may, within 24 hours after being advised of the refusal, recommend another person and, if no one is recommended, the returning officer shall proceed to appoint another person whose name is solicited from another source.
21. Subsections 39(3) and (4) of the Act are replaced by the following:
Solicitation of names
(3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the candidates of the registered parties whose candidates finished first and second in the last election in the electoral district or from registered associations of those registered parties or, if there are no registered associations, from those registered parties. If, by the 24th day before polling day, a sufficient number of names of suitable persons is not provided by those candidates, registered associations or registered parties, the returning officer may solicit names from other sources.
Equal distribution of appointments
(4) The returning officer shall, as far as possible,
(a) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished first in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party; and
(b) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished second in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party.
If the candidate, registered association and registered party do not, as a group, provide a sufficient number of names of suitable persons, the registered party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.
22. (1) Subsection 41(1) of the Act is replaced by the following:
Results transposed
41. (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties’ candidates, registered associations or registered parties have the right to provide the returning officer for that electoral district with lists of persons to be appointed as election officers.
(2) Subsection 41(4) of the Act is replaced by the following:
Notice
(4) When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), (2) or (3), he or she shall notify those registered parties without delay of that right.
23. (1) Subsection 52(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) is under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized represent- ative under the regime requests in writing that the person’s name be deleted.
(2) Section 52 of the Act is amended by adding the following after subsection (1):
Conditions
(1.1) A person’s name may be deleted under paragraph (1)(d) only if the authorized representative has provided the Chief Electoral Officer with a copy of the court order and satisfactory proof of that representative’s identity.
24. Paragraphs 64(2)(a) and (b) of the Act are replaced by the following:
(a) the name and political affiliation, if any, of each candidate, as stated in the nomination papers, in the order in which their names are to be placed on the ballots;
(b) the name of the official agent for each candidate, as stated in the nomination papers; and
25. Paragraph 65(i) of the Act is replaced by the following:
(i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired.
26. (1) Subparagraph 66(1)(a)(iv) of the Act is replaced by the following:
(iv) the name, address and occupation of the prospective candidate’s auditor appointed under subsection 477.1(2), and
(2) Paragraph 66(2)(b) of the French version of the Act is replaced by the following:
b) un ou plusieurs des prénoms peuvent être remplacés par un surnom — sauf un surnom susceptible d’être confondu avec le nom d’un parti politique — sous lequel la personne qui désire se porter candidat est publiquement connue et, dans ce cas, le surnom peut être accompagné des initiales du ou des prénoms;
(3) Subsection 66(3) of the Act is replaced by the following:
Public knowledge of nickname
(3) A prospective candidate who uses a nickname described in paragraph (2)(b) in his or her nomination paper shall, if the returning officer requests it, provide the returning officer with documents that are determined by the Chief Electoral Officer to be evidence of the common public knowledge of the nickname.
2001, c. 21, s. 8
27. Paragraph 67(4)(c) of the Act is replaced by the following:
(c) if applicable, an instrument in writing, signed by the leader of the political party or by a person referred to in subsection 406(2), that states that the prospective candidate is endorsed by the party in accordance with section 68.
28. Subsection 73(2) of the French version of the Act is replaced by the following:
Sanction
(2) Si les originaux ne parviennent pas au directeur du scrutin dans le délai fixé, la candidature est annulée sauf si l’intéressé convainc celui-ci qu’il a pris les mesures raisonnables pour acheminer les originaux dans ce délai.
2003, c. 19, ss. 3 and 4
29. The heading before section 82 and sections 82 to 88 of the Act are repealed.
30. Section 90 of the Act is repealed.
2006, c. 9, s. 40
31. The heading before section 92.1 and sections 92.1 to 92.6 of the Act are repealed.
32. Section 95 of the Act is amended by adding the following after subsection (3):
Change in polling station address
(4) If, on or before the 5th day before polling day, there is a change in the address of the polling station of an elector to whom a notice of confirmation of registration has been sent, the returning officer shall send another notice to the elector indicating the new address.
33. Section 96 of the Act is renumbered as subsection 96(1) and is amended by adding the following:
Cancellation of by-election
(2) If a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, any revisions that are made to the preliminary lists of electors before the deemed withdrawal are deemed to have been approved by the returning officer or the assistant returning officer on the day fixed by the Chief Electoral Officer under subsection (1) as the beginning date for the revision of the preliminary lists of electors.
34. Section 98 of the Act is replaced by the following:
Revision offices
98. The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access.
35. (1) Section 101 of the Act is amended by adding the following after subsection (1):
Prescribed registration form
(1.01) The prescribed registration form shall include a statement, to be signed by the elector who completes the form, that the elector whose name is to be added to the preliminary list of electors under subsection (1) is qualified as an elector.
(2) Subsection 101(3) of the Act is replaced by the following:
Change of address
(3) The previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (d) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector’s name shall then be deleted from the Register of Electors in relation to the previous address.
36. Section 106 of the Act is replaced by the following:
Official list of electors
106. Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.
2007, c. 21, s. 18
37. Subsections 107(2) and (3) of the Act are replaced by the following:
Transmittal of list
(2) Each returning officer shall deliver to each deputy returning officer the revised list of electors or official list of electors, as the case may be, that the deputy returning officer needs to conduct the vote in his or her respective advance polling station or polling station. The list shall indicate each elector’s sex and year of birth.
Transmittal to candidates
(3) Each returning officer shall deliver to each candidate a printed copy and a copy in electronic form of a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s sex or year of birth.
38. Subsection 110(1) of the Act is replaced by the following:
Registered parties
110. (1) A registered party that, under section 45, subsection 93(1.1) or section 109, receives a copy of lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
Eligible parties
(1.1) An eligible party that, under subsection 93(1.1), receives a copy of preliminary lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
39. (1) Section 111 of the Act is amended by adding the following after paragraph (d):
(d.1) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;
(2) Subparagraph 111(f)(i) of the Act is replaced by the following:
(i) to enable registered parties, eligible parties, members or candidates to communicate with electors in accordance with section 110, or
2001, c. 21, s. 12
40. The portion of subsection 117(2) of the Act before paragraph (a) is replaced by the following:
Name of party
(2) The name, in the form referred to in paragraph 385(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if
41. Paragraph 119(1)(g) of the Act is replaced by the following:
(g) a ballot box for polling day and a separate ballot box for each day of advance polling;
42. Subsection 123(2) of the Act is replaced by the following:
Maximum
(2) A returning officer shall not group together more than 10 polling stations in a central polling place without the Chief Electoral Officer’s prior approval.
43. The Act is amended by adding the following after section 125:
Information — location of polling stations
125.1 (1) The returning officer for an electoral district shall in writing inform each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district of the addresses of all of the polling stations in the electoral district. That information shall be provided on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, and the returning officer shall at the same time provide them with the information in electronic form.
Notification of change — on or before 5th day before polling day
(2) If, on or before the 5th day before polling day, there is a change in any of the addresses of the polling stations in the electoral district, the returning officer shall without delay notify the candidates and the political parties in writing of the change. He or she shall at the same time provide them with the information in electronic form.
Notification of change — after 5th day before polling day
(3) If, after the 5th day before polling day, there is a change in any of the addresses of the polling stations in the electoral district, the returning officer shall without delay notify the candidates and the political parties of the change.
44. (1) Subsection 135(1) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (f):
(g) any person appointed under section 32.1; and
(h) if the polling station is established for a polling division of an electoral district in which a leader of a registered party is a candidate, any media representative who, subject to any conditions that the Chief Electoral Officer considers necessary to protect the integrity of the vote and the privacy of any person present at the polling station, is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any video recording of the candidates as they cast their votes.
(2) Section 135 of the Act is amended by adding the following after subsection (4):
Oath
(5) A candidate’s representative who is appointed to more than one polling station, whether those polling stations are placed together in a central polling place or not, shall, before being admitted to the first polling station, take an oath in the prescribed form before the central poll supervisor or before the deputy returning officer of that polling station. The representative is not required to take another oath on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already taken the oath.
45. (1) Section 136 of the Act is amended by adding the following after subsection (2):
Moving between polling stations
(2.1) Despite subsection (2), a candidate’s representative may, either before or after the counting of the votes begins, go from one polling station to another if those polling stations are in the same polling place. However, once the representative leaves the polling place, he or she is not permitted to return after the counting of the votes begins.
(2) Subsection 136(4) of the Act is replaced by the following:
Photographs, recordings and communications devices
(4) A candidate’s representative
(a) shall not take any photograph or make any audio or video recording at a polling station; and
(b) shall not, if he or she uses a communications device at a polling station, impede any elector from exercising their right to vote or violate the secrecy of the vote.
2007, c. 21, s. 21
46. (1) The portion of subsection 143(2) of the Act before paragraph (a) is replaced by the following:
Proof of identity and residence
(2) If the poll clerk determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then the elector shall provide the deputy returning officer and the poll clerk with the following proof of the elector’s identity and, subject to subsection (3), his or her residence:
2007, c. 21, s. 21
(2) Paragraph 143(2)(b) of the Act is replaced by the following:
(b) two pieces of identification of a type authorized under subsection (2.1), each of which establishes the elector’s name and at least one of which establishes the elector’s address.
2007, c. 21, s. 21
(3) Subsection 143(2.1) of the Act is replaced by the following:
Authorized types of identification
(2.1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document — other than a notice of confirmation of registration sent under section 95 or 102 — regardless of who issued the document, may be authorized.
2007, c. 21, s. 21
(4) Subsection 143(3) of the Act is replaced by the following:
Alternative proof of residence
(3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.1) that establish the elector’s name may instead prove his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 143.1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division who
(a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and
(b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
(i) they have received the oral advice set out in subsection 143.1(2),
(ii) they know the elector personally,
(iii) they know that the elector resides in the polling division,
(iv) they have not attested to the residence of another elector at the election, and
(v) their own residence has not been attested to by another elector at the election.
2007, c. 21, s. 21
(5) Section 143 of the Act is amended by adding the following after subsection (3.2):
Examination of identification documents
(3.3) A candidate or their representative may examine but not handle any piece of identification presented under this section.
2007, c. 21, s. 21
(6) Subsections 143(5) and (6) of the Act are replaced by the following:
Prohibition — attesting to residence of more than one elector
(5) No elector shall attest to the residence of more than one elector at an election.
Prohibition — attesting to residence (own residence attested to)
(6) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.
2007, c. 21, s. 21
47. Section 143.1 of the Act is replaced by the following:
Requirement before administering oath — elector
143.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).
Requirement before administering oath — attesting to residence
(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 143(5) or (6) or 549(3).
2007, c. 21, s. 22
48. Sections 147 and 148 of the Act are replaced by the following:
Person in whose name another has voted
147. If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes an oath in writing in the prescribed form. The form is to state the penalty that may be imposed under this Act on a person who is found guilty of requesting a second ballot at an election contrary to section 7 or of applying for a ballot in a name that is not his or her own contrary to paragraph 167(1)(a).
Name crossed off list in error
148. If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147 in writing.
2007, c. 21, s. 22
49. Subsection 148.1(1) of the Act is replaced by the following:
Failure to prove identity or residence
148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote.
2007, c. 21, s. 26(1)
50. (1) The portion of subsection 161(1) of the French version of the Act before paragraph (a) is replaced by the following:
Inscription le jour du scrutin
161. (1) L’électeur dont le nom ne figure pas déjà sur la liste électorale peut, le jour du scrutin, s’inscrire en personne :
2007, c. 37, s. 2
(1.1) Paragraphs 161(1)(a) and (b) of the Act are replaced by the following:
(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or
(b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 161.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who
(i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
(ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
(A) they have received the oral advice set out in subsection 161.1(2),
(B) they know the elector personally,
(C) they know that the elector resides in the polling division,
(D) they have not attested to the residence of another elector at the election, and
(E) their own residence has not been attested to by another elector at the election.
(2) Section 161 of the Act is amended by adding the following after subsection (3):
Examination of identification documents
(3.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.
(3) Subsection 161(4) of the Act is replaced by the following:
Registration certificate
(4) If the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a statement by the elector that he or she is qualified as an elector under section 3.
(4) Section 161 of the Act is amended by adding the following after subsection (5):
Prohibition — registration on polling day
(5.1) It is prohibited for any person to
(a) knowingly apply to be registered on polling day in a name that is not their own;
(b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;
(c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or
(d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.
2007, c. 21, s. 26(2)
(5) Subsections 161(6) and (7) of the Act are replaced by the following:
Prohibition — attesting to residence of more than one elector
(6) No elector shall attest to the residence of more than one elector at an election.
Prohibition — attesting to residence (own residence attested to)
(7) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.
2007, c. 21, s. 27
51. Section 161.1 of the Act is replaced by the following:
Requirement before administering oath — elector
161.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).
Requirement before administering oath — attesting to residence
(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 161(6) or (7) or 549(3).
2007, c. 21, s. 28
52. Paragraphs 162(i.1) and (i.2) of the Act are replaced by the following:
(i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;
(i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s represent-ative; and
53. The Act is amended by adding the following after section 164:
Audit
Engagement of auditor
164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether deputy returning officers, poll clerks and registration officers have, on all days of advance polling and on polling day, properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 143 to 149, 161 to 162 and 169.
2007, c. 21, s. 30(1)
54. (1) The portion of subsection 169(2) of the French version of the Act before paragraph (a) is replaced by the following:
Conditions
(2) Il ne peut toutefois être inscrit que si :
2007, c. 37, s. 3
(1.1) Paragraphs 169(2)(a) and (b) of the Act are replaced by the following:
(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or
(b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 169.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who
(i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
(ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
(A) they have received the oral advice set out in subsection 169.1(2),
(B) they know the elector personally,
(C) they know that the elector resides in the polling division,
(D) they have not attested to the residence of another elector at the election, and
(E) their own residence has not been attested to by another elector at the election.
(1.2) Section 169 of the Act is amended by adding the following after subsection (2):
Examination of identification documents
(2.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.
(2) Subsection 169(3) of the Act is replaced by the following:
Registration certificate
(3) If the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a statement by the elector that he or she is qualified as an elector under section 3.
(3) Section 169 of the Act is amended by adding the following after subsection (4):
Prohibition — registration at advance polling station
(4.1) It is prohibited for any person to
(a) knowingly apply to be registered at an advance polling station in a name that is not their own;
(b) knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;
(c) apply to be registered at an advance polling station to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or
(d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person at an advance polling station.
2007, c. 21, s. 30(2)
(4) Subsections 169(5) and (6) of the Act are replaced by the following:
Prohibition — attesting to residence of more than one elector
(5) No elector shall attest to the residence of more than one elector at an election.
Prohibition — attesting to residence (own residence attested to)
(6) No elector whose residence has been attested to at an election shall attest to another elector’s residence at that election.
2007, c. 21, s. 31
55. Section 169.1 of the Act is replaced by the following:
Requirement before administering oath — elector
169.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).
Requirement before administering oath — attesting to residence
(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 169(5) or (6) or 549(3).
56. Subsection 171(2) of the Act is replaced by the following:
When advance polling stations to be open
(2) An advance polling station shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day.
2007, c. 21, s. 33
57. Paragraph 174(1)(a) of the Act is replaced by the following:
(a) the elector fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act; or
58. (1) The portion of subsection 175(1) of the Act before paragraph (b) is replaced by the following:
Examining and sealing of ballot box
175. (1) At the opening of an advance polling station at noon on each of the four days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
(a) open the ballot box provided for that day and ascertain that it is empty;
(2) The portion of subsection 175(2) of the Act before paragraph (a) is replaced by the following:
Close of advance poll — each day
(2) At the close of an advance polling station at 8:00 p.m. on each of the 1st, 2nd and 3rd days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
(3) Subsection 175(2) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:
(e) place the envelopes referred to in paragraphs (b) and (c) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box; and
(f) after the signatures have been made as described in subsection (4), place the enve- lope referred to in paragraph (d) in a box provided by the Chief Electoral Officer and seal the box with a seal provided by the Chief Electoral Officer.
(4) Subsections 175(3) to (6) of the Act are replaced by the following:
Close of advance poll — last day
(3) At the close of an advance polling station at 8:00 p.m. on the 4th day of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
(a) unseal and open the ballot box;
(b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;
(c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;
(d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; and
(e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box.
Affixing of signatures
(4) The deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d) and (3)(b) to (d). The candidates or their representatives who are present may also place their signatures on the seals.
Re-opening of advance poll
(5) At the re-opening of an advance polling station at noon on the 2nd, 3rd and 4th days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
(a) unseal and open the box referred to in paragraph (2)(f) that was used on the previous day of advance polling, take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station and dispose of the box; and
(b) open, seal and place a new ballot box in accordance with paragraphs (1)(a) to (c).
Custody of ballot box
(6) In the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, the deputy returning officer shall keep the sealed ballot boxes in his or her custody.
Recovery of ballot box
(7) Despite subsection (6), the returning officer may recover any ballot box that is in a deputy returning officer’s custody if the Chief Electoral Officer, being of the opinion that such action is necessary to ensure the integrity of the vote, directs the returning officer to do so.
Candidates may check seals
(8) When an advance polling station closes on each of the four days of advance polling, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and on the box referred to in paragraph (2)(f) that is used on that day, if any. When the advance polling station is re-opened on the 2nd, 3rd and 4th days of advance polling, they may again take note of the serial number of the seal on the box referred to in paragraph (2)(f) that was used on the previous day of voting. When the votes are counted on polling day, they may take note of the serial number of the seal on each of the ballot boxes used for advance polling.
59. Subsection 233(3) of the Act is replaced by the following:
Information provided
(3) An elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors.
60. Section 237 of the Act is replaced by the following:
Provision of ballot
237. Subject to section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot, an inner envelope and an outer envelope.
Proof of identity and residence
237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.
Presence of candidate or representative
(2) A candidate or their representative may be present at the office when the elector
(a) receives the ballot;
(b) places the folded ballot in the inner envelope and seals it; and
(c) places the inner envelope in the outer envelope and seals it.
Examination of identification documents
(3) The candidate or representative may examine but not handle any piece of identification provided by the elector.
Prohibition — attesting to residence of more than one elector
(3.1) No elector shall attest to the residence of more than one elector at an election.
Prohibition — attesting to residence (own residence attested to)
(3.2) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.
Application of provisions
(4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:
(a) sections 135 to 137;
(b) sections 143 and 144;
(c) subsection 164(1);
(d) section 166; and
(e) paragraph 489(3)(c).
61. (1) Subsection 283(1) of the Act is replaced by the following:
Counting the votes
283. (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk, any person appointed under section 32.1 whose duties include being present at the count and any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.
(2) Paragraph 283(3)(a) of the Act is replaced by the following:
(a) count the number of electors who voted at the polling station, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election in this polling station is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;
(3) Paragraph 283(3)(d) of the Act is replaced by the following:
(d) total the number of electors indicated under paragraph (a) who voted at the pol- ling station and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;
62. The Act is amended by adding the following after section 288:
Oaths
288.01 The deputy returning officer shall place the form for each oath taken under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.
Periodic statements of electors who voted
288.1 The deputy returning officer shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.
63. Subsection 289(2) of the Act is replaced by the following:
Application of rules for counting votes
(2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll except that
(a) for the application of paragraph 283(3)(e), the deputy returning officer shall open the ballot boxes and empty their contents onto a table; and
(b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.
64. Subsection 290(1) of the Act is replaced by the following:
Sending ballot boxes and envelopes to returning officer
290. (1) The deputy returning officer for a polling station or an advance polling station shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of the deputy returning officer for a polling station, the envelope referred to in section 288.1 to the returning officer.
65. Section 291 of the Act is replaced by the following:
Provision of documents
291. A returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, with
(a) one copy of each statement of the vote in respect of the candidate’s electoral district; and
(b) one copy of the documents prepared under paragraph 162(i.1).
66. The Act is amended by adding the following after section 292:
List of oath-takers
292.1 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who took an oath under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.
67. Subsection 301(1) of the Act is replaced by the following:
Application for recount
301. (1) An elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, apply to a judge for a recount.
68. Section 303 of the Act is repealed.
69. Subsection 304(3) of the Act is replaced by the following:
Procedure for certain recounts
(3) In the case of a recount conducted by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.
70. Section 308 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) return to the returning officer the election documents or other election materials brought for the purpose of the recount under subsection 300(4) and deliver to him or her the reports created in the course of the recount.
71. (1) Paragraph 311(1)(c) of the Act is replaced by the following:
(c) in the Province of Nova Scotia, British Columbia or Prince Edward Island, to a judge of the Supreme Court of the Province;
(2) Paragraph 311(1)(e) of the Act is replaced by the following:
(e) in the Province of Newfoundland and Labrador, to a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador.
72. The definition “election advertising” in section 319 of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the making of telephone calls to electors only to encourage them to vote.
73. Section 329 of the Act and the heading before it are repealed.
74. Subsection 345(3) of the Act is replaced by the following:
Free time not election expense
(3) The value of free broadcasting time made available to a registered party under this section shall not be taken into consideration in calculating its election expenses within the meaning of section 376.
75. The Act is amended by adding the following after section 348:
PART 16.1
VOTER CONTACT CALLING SERVICES
Division 1
Interpretation
Definitions
348.01 The following definitions apply in this Part.
“automatic dialing-announcing device”
« composeur-messager automatique »
“automatic dialing-announcing device” means any automatic equipment that has the capability to store or produce telephone numbers and that is used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to those telephone numbers.
“call”
« appel »
“call” means any of the following types of calls that are made to telephone numbers:
(a) live voice calls;
(b) calls made by means of an automatic dialing-announcing device;
(c) calls that consist of a combination of the types of calls referred to in paragraphs (a) and (b).
“calling service provider”
« fournisseur de services d’appel »
“calling service provider” means a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group.
“group”
« groupe »
“group” means a registered party, registered association, unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.
“internal services”
« services internes »
“internal services” means
(a) in relation to a group, the services provided by its members or employees, and those provided to it free of charge by any individual;
(b) in relation to a candidate, a nomination contestant or a third party who is an individual, the services provided by them personally or by their employees and those provided free of charge to the candidate, contestant or third party by any individual; and
(c) in relation to a third party that is a corporation, the services provided by its employees and those provided to it free of charge by any individual.
“official representative”
« représentant officiel »
“official representative” means
(a) in the case of a registered party, its chief agent;
(b) in the case of a registered association, its financial agent;
(c) in the case of a candidate, their official agent;
(d) in the case of a nomination contestant, their financial agent;
(e) in the case of a registered third party, its financial agent;
(f) in the case of an unregistered third party that is a corporation, the officer of the corporation who has signing authority for it; and
(g) in the case of an unregistered third party that is a group, a person who is responsible for the group.
“registered third party”
« tiers enregistré »
“registered third party” means a third party that is registered under section 353.
“third party”
« tiers »
“third party” means a person or a group, other than a registered party, registered association, candidate or nomination contestant.
“voter contact calling services”
« services d’appels aux électeurs »
“voter contact calling services” means services involving the making of calls during an election period for any purpose related to an election, including
(a) promoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated;
(b) encouraging electors to vote or to refrain from voting;
(c) providing information about the election, including information about voting hours and the location of polling stations;
(d) gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; and
(e) raising funds for a registered party, a registered association, a candidate or a nomination contestant.
76. The Act is amended by adding the following after section 348.01:
Division 1.1