RECOMMANDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments”.

SOMMAIRE

This enactment amends the Canada Elections Act to establish spending limits for third parties and political parties during a defined period before the election period of a general election held on a day fixed under that Act. It also establishes measures to increase transparency regarding the participation of third parties in the electoral process. Among other things that it does in this regard, the enactment

(a) adds reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys to the reporting requirements for third parties engaging in election advertising;

(b) creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); and

(c) creates an obligation for political parties and third parties to identify themselves in partisan advertising during the defined period before the election period.

The enactment also amends the Act to implement measures to reduce barriers to participation and increase accessibility. Among other things that it does in this regard, the enactment

(a) establishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;

(b) broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;

(c) creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;

(d) amends some of the rules regarding the treatment of candidates’ expenses, including the rules related to childcare expenses, expenses related to the care of a person with a disability and litigation expenses;

(e) amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;

(f) allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;

(g) removes limitations on public education and information activities conducted by the Chief Electoral Officer;

(h) removes two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years and the requirement that they intend to return to Canada to resume residence in the future; and

(i) extends voting hours on advance polling days.

The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment

(a) removes the assignment of specific responsibilities set out in the Act to specific election officers by creating a generic category of election officer to whom all those responsibilities may be assigned;

(b) limits election periods to a maximum of 50 days;

(c) removes administrative barriers in order to facilitate the hiring of election officers;

(d) authorizes the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;

(e) removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;

(f) replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;

(g) removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;

(h) replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;

(i) relocates the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provides that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years;

(j) provides the Commissioner of Canada Elections with the authority to impose administrative monetary penalties for contraventions of provisions of Parts 16, 17 and 18 of the Act and certain other provisions of the Act;

(k) provides the Commissioner of Canada Elections with the authority to lay charges;

(l) provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;

(m) clarifies offences relating to

(n) implements a number of measures to harmonize and streamline political financing monitoring and reporting.

The enactment also amends the Act to provide for certain requirements with regard to the protection of personal information for registered parties, eligible parties and political parties that are applying to become registered parties, including the obligation for the party to adopt a policy for the protection of personal information and to publish it on its Internet site.

The enactment also amends the Parliament of Canada Act to prevent the calling of a by-election when a vacancy in the House of Commons occurs within nine months before the day fixed for a general election under the Canada Elections Act.

It also amends the Public Service Employment Act to clarify that the maximum period of employment of casual workers in the Office of the Chief Electoral Officer — 165 working days in one calendar year — applies to those who are appointed by the Commissioner of Canada Elections.

Finally, the enactment contains transitional provisions, makes consequential amendments to other Acts and repeals the Special Voting Rules.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Titre abrégé

Titre abrégé

1 Loi sur la modernisation des élections.

2000, ch. 9

Loi électorale du Canada

2014, ch. 12, par. 2(2)

2 (1) Les définitions de dépense de campagne à la direction et dépense de campagne d’investiture, au paragraphe 2(1) de la Loi électorale du Canada, sont abrogées.

2007, ch. 21, art. 1; 2014, ch. 12, par. 2(7)

(2) Les définitions de bien immobilisé, fonctionnaire électoral, jour du scrutin, prescrit et Registre des électeurs, au paragraphe 2(1) de la même loi, sont respectivement remplacées par ce qui suit :

capital asset means any property with a commercial value of more than $200 that

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start in the case of a registered party, an electoral district association or a candidate Insertion end , is normally used outside an election period other than for the purposes of an election;

• Start of inserted block

  (b) in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and

• (c) in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest.‍ (bien immobilisé)

  End of inserted block

election officer means a person referred to in subsection 22(1) Insertion start or appointed under section 32 Insertion end .‍ (fonctionnaire électoral)

polling day, in relation to an election, means the date fixed for voting at the election under paragraph 57(1.‍2)‍(c) Insertion start or subsection 59(4) or 77(2) Insertion end .‍ (jour du scrutin)

prescribed, in relation to a form or Insertion start a solemn declaration Insertion end , means one that is authorized by the Chief Electoral Officer.‍ (prescrit)

Register of Electors means the Register of Electors established under Insertion start paragraph Insertion end 44 Insertion start (1)‍(a) Insertion end .‍ (Registre des électeurs)

(3) L’alinéa b) de la définition de documents électoraux, au paragraphe 2(1) de la même loi, est remplacé par ce qui suit :

• (b) the nomination papers Insertion start and other documents Insertion end filed by the candidates Insertion start or filed on their behalf under section 67 Insertion end ;

2001, ch. 21, par. 1(2)‍(A); 2014, ch. 12, par. 2(4)

(4) Les alinéas f) et g) de la définition de documents électoraux, au paragraphe 2(1) de la même loi, sont remplacés par ce qui suit :

• (f) the other Insertion start documents sent to the Chief Electoral Officer Insertion end from the various polling stations, Insertion start the various advance polling stations or the returning officer’s office, including Insertion end

  • (i) stubs and unused ballot papers,

  • (ii) ballot papers cast for the various candidates,

  • (iii) spoiled ballot papers,

  • (iv) rejected ballot papers,

  • (v) the list of electors used at the polling station, Insertion start advance polling station or returning officer’s office Insertion end ,

  • (vi) written authorizations of candidates’ representatives,

  • Insertion start (vii) Insertion end  used transfer certificates, if any, and

  • Insertion start (viii) Insertion end  registration certificates; and

• (g) the prescribed forms referred to in section 162 —  Insertion start other than those referred to in paragraph 162(i.‍1) Insertion end  — and any other prescribed form to be used at a polling station, Insertion start advance polling station or returning officer’s office Insertion end that contains personal information relating to an elector.‍ (documents électoraux)

(5) L’alinéa a) de la définition de annulé, au paragraphe 2(1) de la même loi, est remplacé par ce qui suit :

• (a) one that has not been deposited in the ballot box but has been found by Insertion start an election Insertion end officer Insertion start or a unit election officer as defined in section 177 Insertion end to be soiled or improperly printed; or

2001, ch. 21, par. 1(1)

(6) La définition de appartenance politique, au paragraphe 2(1) de la version française de la même loi, est remplacée par ce qui suit :

appartenance politique Insertion start S’agissant d’ Insertion end un candidat, la désignation du parti politique qui le soutient ou la désignation « Insertion start indépendant(e) Insertion end », selon le cas, mentionnée dans son acte de candidature conformément au sous-alinéa 66(1)a)‍(v).‍ (political affiliation)

(7) Le paragraphe 2(1) de la même loi est modifié par adjonction, selon l’ordre alphabétique, de ce qui suit :

election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

• (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

• (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

• (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

• (d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

• (e) the making of telephone calls to electors only to encourage them to vote.‍ (publicité électorale)

election advertising expense means an expense incurred in relation to

• (a) the production of an election advertising message; and

• (b) the transmission of an election advertising message to the public.‍ (dépenses de publicité électorale)

election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated.‍ (sondage électoral)

future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age.‍ (futur électeur)

National Capital Region means the National Capital Region as described in the schedule to the National Capital Act. (région de la capitale nationale)

partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

• (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

• (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

• (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

• (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

• (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

• (f) the making of telephone calls to electors only to encourage them to vote.‍ (publicité partisane)

partisan advertising expense means an expense incurred in relation to

• (a) the production of a partisan advertising message; and

• (b) the transmission of a partisan advertising message to the public.‍ (dépenses de publicité partisane)

potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who

• (a) is selected in a nomination contest;

• (b) is deemed to be a candidate under section 477;

• (c) is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or

• (d) has the support of a political party to be a candidate of that party. (candidat potentiel)

pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.‍1(2) for the holding of a general election and ending on the day before the earlier of

• (a) the first day of an election period for a general election, and

• (b) the 37th day before the Monday referred to in subsection 56.‍1(2) or, if the Governor in Council makes an order under subsection 56.‍2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)

Register of Future Electors means the Register of Future Electors established under paragraph 44(1)‍(b).‍ (Registre des futurs électeurs)

2014, ch. 12, par. 2(8)

(8) Le paragraphe 2(1.‍1) de la même loi est remplacé par ce qui suit :

Commercial value of capital assets

(1.‍1) For the purposes of this Act, the commercial value of any capital asset that is used during Insertion start a nomination contest Insertion end , an election period Insertion start or a leadership contest, as the case may be Insertion end , is the lower of

(9) Le paragraphe 2(3) de la même loi est remplacé par ce qui suit :

Satisfactory proof of identity and residence

(3) For the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established Insertion start in Insertion end the Insertion start manner determined Insertion end by the Chief Electoral Officer.

(10) L’article 2 de la même loi est modifié par adjonction, après le paragraphe (6), de ce qui suit :

Definitions of election advertising and partisan advertising

(7) For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes

3 Les articles 4 et 5 de la même loi sont abrogés.

4 L’article 7 de la même loi est abrogé.

5 L’article 8 de la même loi est modifié par adjonction, après le paragraphe (2), de ce qui suit :

Person residing outside Canada

(2.‍1) The place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.

6 (1) Le passage de l’article 10 de la même loi précédant l’alinéa a) est remplacé par ce qui suit :

Former member candidates and electors living with them

10  Insertion start (1) Insertion end  Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station Insertion start to which Insertion end is Insertion start assigned Insertion end , the polling division in which is located

(2) Les alinéas 10(1)b) et d) de la même loi sont abrogés.

(3) L’article 10 de la même loi est modifié par adjonction, après le paragraphe (1), de ce qui suit :

Former member candidates and electors living with them — notice to returning officer

(2) If a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division in

2003, ch. 22, art. 100

7 L’article 11 de la même loi est abrogé.

8 Le paragraphe 15(1) de la même loi est remplacé par ce qui suit :

Rank, powers and duties

15 (1)  Insertion start Subject to subsections 509.‍1(2) and (3) Insertion end , the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

2014, ch. 12, art. 5

9 (1) Le paragraphe 16.‍1(3) de la même loi est remplacé par ce qui suit :

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 Insertion start 45 Insertion end days after the day on which the copy is sent.

2014, ch. 12, art. 5

(2) Les paragraphes 16.‍1(5) à (7) de la même loi sont remplacés par ce qui suit :

Issuance

(7) The Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.‍4 Insertion start as soon as possible after preparing it Insertion end .

2014, ch. 12, art. 5

10 (1) Le paragraphe 16.‍2(2) de la même loi est remplacé par ce qui suit :

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 Insertion start 30 Insertion end days after the day on which the copy is sent.

2014, ch. 12, art. 5

(2) Le paragraphe 16.‍2(4) de la même loi est remplacé par ce qui suit :

Pre-publication

(4) Within Insertion start 90 Insertion end 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 Insertion start 90 Insertion end -day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than Insertion start 90 Insertion end days after polling day for that election.

2014, ch. 12, art. 5

11 L’article 16.‍3 de la même loi est remplacé par ce qui suit :

New interpretation

16.‍3  Insertion start If Insertion end an opinion that is published under subsection 16.‍2(4) Insertion start interprets Insertion end a provision of the Act Insertion start in a way Insertion end that contradicts an interpretation of that provision provided in a previously issued opinion, the Insertion start new Insertion end interpretation does not replace the Insertion start former Insertion end interpretation until the date that the Insertion start new Insertion end opinion is issued under section 16.‍2.

2014, ch. 12, art. 5.‍1

12 Le paragraphe 16.‍5(1) de la même loi est abrogé.

2014, ch. 12, art. 7

13 L’article 17.‍1 de la même loi est abrogé.

2014, ch. 12, art. 7

14 Les paragraphes 18(1) à (2) de la même loi sont remplacés par ce qui suit :

Public education and information programs

18 (1) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

Communication with public

(1.‍1) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic rights to vote and to be a candidate.

Information outside Canada

(1.‍2) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.

Communication with electors with a disability

(2) The Chief Electoral Officer shall ensure that any information Insertion start on the following that is Insertion end provided under Insertion start subsections Insertion end (1) Insertion start to (1.‍2) in an advertising message Insertion end is accessible to electors with Insertion start a disability Insertion end :

Communication with future electors with a disability

(2.‍1) If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.‍1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability.

2014, ch. 12, art. 8

15 Les articles 18.‍01 et 18.‍1 de la même loi sont remplacés par ce qui suit :

International cooperation

18.‍01 The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.

Voting studies

18.‍1  Insertion start (1) Insertion end  The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting Insertion start means Insertion end .

Alternative voting

Insertion start (2) Insertion end Insertion start   Insertion end Insertion start The Chief Electoral Officer Insertion end may devise and test an alternative voting process for future use in Insertion start an Insertion end election.

Voting technology — electors with a disability

(3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.

Prior approval

Insertion start (4) Insertion end Insertion start   Insertion end Insertion start Neither Insertion end an alternative voting process Insertion start nor voting technology tested under subsection (2) or (3) Insertion end may be used Insertion start in Insertion end an Insertion start election Insertion end without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

2014, ch. 12, art. 8

16 Le paragraphe 18.‍2(1) de la même loi est remplacé par ce qui suit :

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 Insertion start in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament Insertion end .

2003, ch. 22, art. 102(A)

17 L’article 19 de la même loi et l’intertitre le précédant sont remplacés par ce qui suit :

Staff

Staff

19 The staff of the Chief Electoral Officer Insertion start consists Insertion end of employees appointed in accordance with the Public Service Employment Act.

2014, ch. 12, art. 10

18 Le paragraphe 20(2) de la même loi est remplacé par ce qui suit :

Casual and temporary staff

(2) Any additional 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.

19 L’article 21 de la même loi est remplacé par ce qui suit :

Delegation

21 The Chief Electoral Officer may Insertion start delegate to any member of Insertion end his or her staff, Insertion start subject to any limitations that he or she may specify, any of his or her powers, duties and Insertion end functions under this Insertion start or any other Act of Parliament, except the power to delegate Insertion end .

20 (1) L’alinéa 22(1)c) de la même loi est remplacé par ce qui suit :

• (c) persons authorized by a returning officer under section 27 to Insertion start exercise powers or Insertion end perform duties under this Act;

2014, ch. 12, par. 12(2)

(2) Les alinéas 22(1)d) à k) de la même loi sont abrogés.

(3) L’alinéa 22(1)o) de la même loi est abrogé.

(4) L’alinéa 22(3)f) de la même loi est remplacé par ce qui suit :

• (f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act Insertion start or Insertion end the Referendum Act, or Insertion start a regulation made under the Referendum Act, or under an Insertion end Act of the legislature of a province, Insertion start or a regulation made under an Act of the legislature of a province Insertion end , relating to provincial, municipal or school board elections.

(5) Les paragraphes 22(4) et (5) de la même loi sont remplacés par ce qui suit :

Qualifications

(4) An election officer must be qualified as an elector, and an election officer referred to in Insertion start paragraph Insertion end (1) Insertion start (a.‍1) or Insertion end (b) must reside in the electoral district in which he or she is to Insertion start exercise powers or Insertion end perform duties under this Act Insertion start or in an adjacent electoral district Insertion end .

Election officers younger than 18

(5)  Insertion start Despite subsection (4) Insertion end , an election officer Insertion start appointed under section 32 Insertion end may be Insertion start under 18 years of age but must be at least Insertion end 16 years of age.

21 L’article 23 de la même loi est remplacé par ce qui suit :

Solemn declaration

23 (1) Before assuming duties, an election officer shall Insertion start make Insertion end , in writing, Insertion start a solemn declaration Insertion end , in the prescribed form, Insertion start that he or she will exercise the powers and Insertion end perform the duties of the office in an impartial manner.

Prohibition

(2) No election officer shall communicate information, Insertion start or use personal information, that is Insertion end obtained in the course of Insertion start exercising his or her powers or Insertion end performing his or her duties under this Act, other than for a purpose related to the Insertion start exercise of those powers or the Insertion end performance of those duties.

Sending of solemn declarations

(3) The returning officer shall send Insertion start his or her solemn declaration and that Insertion end of the assistant returning officer without delay to the Chief Electoral Officer.

2014, ch. 12, art. 13

22 (1) Les alinéas 23.‍2(9)a) et b) de la même loi sont remplacés par ce qui suit :

• (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily Insertion start exercising their powers or Insertion end performing their duties under this Act;

• (b) fails to Insertion start competently exercise a field liaison officer’s powers or Insertion end competently Insertion start perform Insertion end a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

2014, ch. 12, art. 13

(2) L’alinéa 23.‍2(9)c) de la version anglaise de la même loi est remplacé par ce qui suit :

• (c) contravenes subsection (8), whether or not the contravention occurs in Insertion start the exercise of their powers or Insertion end the performance of their duties under this Act.

23 (1) Les alinéas 24(7)a) et b) de la même loi sont remplacés par ce qui suit :

• (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily Insertion start exercising his or her powers or Insertion end performing his or her duties under this Act;

• (b) fails to Insertion start competently exercise a returning officer’s power or Insertion end competently Insertion start perform Insertion end a returning Insertion start officer’s Insertion end duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);

(2) L’alinéa 24(7)d) de la même loi est remplacé par ce qui suit :

• (d) contravenes subsection (6), whether or not the contravention occurs in the exercise Insertion start of his or her powers or the performance Insertion end of his or her duties under this Act.

2014, ch. 12, par. 14(2)

(3) Les paragraphes 24(8) et (9) de la même loi sont remplacés par ce qui suit :

Temporary suspension

(8) 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 at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period 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.

24 Le paragraphe 26(1) de la même loi est remplacé par ce qui suit :

Assistant returning officer

26 (1) Without delay after being appointed, a returning officer shall, Insertion start with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed Insertion end , appoint an assistant returning officer, who shall hold office at pleasure.

2014, ch. 12, art. 15

25 Le paragraphe 27(1) de la même loi est remplacé par ce qui suit :

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 Insertion start exercise any of the powers or Insertion end perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, Insertion start subsection Insertion end 71(1), sections Insertion start 71.‍1 Insertion end , 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

2006, ch. 9, art. 176; 2014, ch. 12, par. 16(1) et 16(2)‍(F)

26 Les paragraphes 28(3.‍01) et (3.‍1) de la même loi sont remplacés par ce qui suit :

Designated person to act — suspension of returning officer

(3.‍01) If a returning officer is under suspension Insertion start during the six months before the day set in accordance with subsection 56.‍1(2) for the holding of a general election or Insertion end during Insertion start any Insertion end election period Insertion start that falls in whole or in part outside that six-month period Insertion end , 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, Insertion start exercise the powers and Insertion end perform the duties of a returning officer in relation to that election.

Designated person to act — absence of returning and assistant returning officers

(3.‍1) If, Insertion start during the six months before the day set in accordance with subsection 56.‍1(2) for the holding of a general election or Insertion end during Insertion start any Insertion end election period Insertion start that falls in whole or in part outside that six-month period Insertion end , a returning officer Insertion start is Insertion end absent or unable to act or Insertion start a returning officer’s office Insertion end is vacant and, Insertion start at the same time, the Insertion end assistant returning officer Insertion start is absent or unable to act or the assistant returning officer’s office is vacant Insertion end , the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, Insertion start exercise the powers and Insertion end perform the duties of a returning officer in relation to that election.

27 (1) Le paragraphe 29(2) de la même loi est remplacé par ce qui suit :

Appointment of substitute

(2) If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer shall without delay appoint a substitute Insertion start with the Chief Electoral Officer’s prior approval Insertion end .

(2) Le paragraphe 29(4) de la même loi est remplacé par ce qui suit :

Resignation by assistant returning officer

(4) An assistant returning officer who intends to resign shall give written notice to the returning officer or, if the office of returning officer is vacant, to the Chief Electoral Officer.

28 Le paragraphe 30(4) de la même loi est remplacé par ce qui suit :

Further limitation

(4) An assistant returning officer appointed under subsection (2) Insertion start is Insertion end not Insertion start an assistant returning officer for Insertion end the Insertion start purposes of Insertion end subsections 28(1), 60(2), 70(1) and 293(1).

2001, ch. 21, art. 3(A); 2014, ch. 12, art. 17 à 21

29 L’intertitre « Disposition générale » précédant l’article 32 et les articles 32 à 39 de la même loi sont remplacés par ce qui suit :

Election officers

32  Insertion start (1) Insertion end Insertion start   Insertion end Insertion start Subject to subsections (2) and (3) and 33(2) and (3) Insertion end , a returning officer shall, after the issue of the writ, appoint Insertion start in accordance with the Chief Electoral Officer’s instructions Insertion end the election officers Insertion start that the returning officer considers Insertion end necessary for Insertion start exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district Insertion end .

Appointment before issue of writ

(2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

Maximum number of election officers appointed

(3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

Solicitation of names

33 (1)  Insertion start As soon as possible after the issue of the writ Insertion end , a returning officer shall solicit names of persons suitable Insertion start to be election officers Insertion end from the Insertion start candidates of Insertion end registered parties Insertion start that endorsed Insertion end candidates in the last election in the electoral district Insertion start or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party Insertion end .

Persons whose names are provided to be appointed

(2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

Proportional distribution

(3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

Removal or replacement

(4)  Insertion start If Insertion end a returning officer Insertion start removes or replaces an election officer Insertion end , the former Insertion start election officer Insertion end shall return all Insertion start election documents and Insertion end election materials in his or her possession to the returning officer Insertion start or to an authorized person Insertion end .

Lists of election officers

(5) Each returning officer shall make available to each candidate, on completion of the list, a list of the Insertion start election officers Insertion end for the electoral district Insertion start who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7 Insertion end .

Identification

(6) Each Insertion start election officer Insertion end shall, while Insertion start exercising his or her powers or Insertion end performing his or her Insertion start duties Insertion end , wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Refusal to appoint

37 (1) A returning officer may, on reasonable grounds, refuse to appoint Insertion start as an election Insertion end officer a Insertion start person Insertion end recommended by a candidate or Insertion start by Insertion end a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.

Recommendation of another person

(2) If as a result of the refusal a position is not filled Insertion start and there are no more persons whose names were provided by Insertion end the candidate, registered association or registered party Insertion start under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party Insertion end may recommend another person within 24 hours after being advised of the refusal.

Record of election officers’ powers and duties

38 A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.

Election officers

39 An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.

2014, ch. 12, par. 22(2)

30 Les paragraphes 41(2) à (4) de la même loi sont remplacés par ce qui suit :

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), he or she shall notify those registered parties without delay of that right.

31 L’article 42 de la même loi est remplacé par ce qui suit :

Attribution of votes for appointments

42 For the purposes of subsection 33( Insertion start 3 Insertion end ) and section 41, in a case Insertion start in which Insertion end a registered party Insertion start that endorsed a candidate in the last election merges with one Insertion end or more parties that were registered parties at the last election,

32 Les alinéas 43a) à c) de la même loi sont remplacés par ce qui suit :

• (a)  Insertion start knowingly Insertion end obstruct an election officer in the Insertion start exercise of his or her powers or the Insertion end performance of his or her duties;

• (b) without authority, use identification simulating that used by Insertion start an election officer Insertion end or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

• (c) having been Insertion start removed or Insertion end replaced as an election officer, fail to Insertion start return Insertion end any election documents or election materials in his or her Insertion start possession to the returning officer Insertion end or to an authorized person.

2007, ch. 21, art. 3

33 Le paragraphe 43.‍1(1) de la version anglaise de la même loi est remplacé par ce qui suit :

Right of access

43.‍1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community Insertion start shall Insertion end prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.‍m. and 9:00 p.‍m.‍, to Insertion start exercise his or her powers or Insertion end perform his or her duties under this Act.

34 Le titre de la partie 4 de la même loi est remplacé par ce qui suit :

Register of Electors Insertion start and Register of Future Electors Insertion end

35 L’intertitre « Maintenance and Communication of Register » précédant l’article 44 de la version anglaise de la même loi est remplacé par ce qui suit :

Maintenance and Communication

2001, ch. 21, art. 4; 2007, ch. 21, art. 4

36 L’article 44 de la même loi est remplacé par ce qui suit :

Maintenance of Registers

44 (1) The Chief Electoral Officer shall maintain

Contents of Registers

(2) The Register of Electors Insertion start and the Register of Future Electors Insertion end shall contain, for each elector Insertion start or future elector Insertion end who is included in it, Insertion start as the case may be Insertion end , his or her surname, given names, Insertion start gender Insertion end , date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), Insertion start 211.‍2(4) Insertion end , 223(2), 233(2) and 251(3).

Identifier

( Insertion start 3 Insertion end ) The Register of Electors Insertion start and the Register of Future Electors shall Insertion end also contain, for each elector Insertion start or future elector, as the case may be Insertion end , a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

Future electors becoming electors

(4) Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors.

Inclusion optional

( Insertion start 5 Insertion end ) Inclusion in the Register of Electors Insertion start and the Register of Future Electors Insertion end is Insertion start optional Insertion end .

Parental consent not necessary

(6) A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.

2007, ch. 21, art. 5

37 Le paragraphe 45(1) de la même loi est remplacé par ce qui suit :

Lists to members and registered parties

45 (1) By November 15 in each year, the Chief Electoral Officer shall Insertion start make available Insertion end to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — of the lists of electors for the electoral district.

38 L’intertitre précédant l’article 46 de la version anglaise de la même loi est remplacé par ce qui suit :

Updates

39 (1) Le passage du paragraphe 46(1) de la même loi précédant le sous-alinéa b)‍(i) est remplacé par ce qui suit :

Sources of information

46 (1) The Register of Electors Insertion start and the Register of Future Electors Insertion end shall be updated from

2007, ch. 21, art. 6

(2) Le paragraphe 46(1.‍1) de la même loi est remplacé par ce qui suit :

Source of information: Register of Future Electors

(1.‍01) The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.

Retention of certain information

(1.‍1) The Chief Electoral Officer may retain information collected under paragraph (1)‍(b), but not included in the Register of Electors Insertion start or Register of Future Electors Insertion end , for the purpose of correlating information subsequently collected with information already contained in the Insertion start relevant Insertion end register.

2007, ch. 21, art. 7

40 Les articles 46.‍1 et 46.‍2 de la même loi sont remplacés par ce qui suit :

Information from Minister of Citizenship and Immigration

46.‍01 Despite subparagraph 46(1)‍(a)‍(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:

Citizenship information

46.‍1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors Insertion start or Register of Future Electors Insertion end , the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)‍(d) of that Act indicate in the return whether he or she is a Canadian citizen.

Information in respect of deceased individuals

46.‍2 For the purpose of updating the Register of Electors Insertion start or Register of Future Electors Insertion end , the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)‍(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)‍(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the Insertion start relevant Insertion end register.

2007, ch. 21, art. 8

41 Les articles 47.‍1 à 51 de la même loi sont remplacés par ce qui suit :

Other duties

47.‍1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors Insertion start or Register of Future Electors Insertion end that are requested by the Chief Electoral Officer.

Adding electors and future electors

48 (1) The Chief Electoral Officer shall, before including Insertion start an Insertion end elector in the Register of Electors Insertion start or a future elector in the Register of Future Electors Insertion end , send Insertion start him or her Insertion end the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the Insertion start relevant Insertion end register.

Obligation of elector or future elector

(2)  Insertion start An Insertion end elector Insertion start or future elector Insertion end who wishes to be included in the Insertion start relevant Insertion end register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector Insertion start or as a future elector, as the case may be Insertion end .

Exceptions

(3) This section does not apply in respect of the inclusion of Insertion start an Insertion end elector Insertion start or future elector that is Insertion end

Listing requests

49 (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors Insertion start or Register of Future Electors Insertion end , by providing

Optional information

(2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector Insertion start or future elector Insertion end to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector Insertion start or future elector Insertion end is not required to do so.

Corrections

50 An elector Insertion start or future elector Insertion end may Insertion start inform Insertion end the Chief Electoral Officer Insertion start of Insertion end changes to the information in the Register of Electors Insertion start or Register of Future Electors, as the case may be, Insertion end relating to Insertion start him or her Insertion end , and the Chief Electoral Officer shall make the necessary corrections to the Insertion start relevant Insertion end register.

Verification

51 The Chief Electoral Officer may

42 (1) Le passage du paragraphe 52(1) de la même loi précédant l’alinéa a) est remplacé par ce qui suit :

Deletion of names

52 (1) The Chief Electoral Officer shall delete from the Register of Electors Insertion start or Register of Future Electors Insertion end the name of any person who

(2) L’alinéa 52(1)b) de la même loi est remplacé par ce qui suit :

• (b) is not an elector Insertion start or future elector, as the case may be, subject to subsection 44(4) Insertion end ;

2014, ch. 12, par. 23(1)

(3) L’alinéa 52(1)d) de la même loi est remplacé par ce qui suit :

• (d) is, Insertion start by reason of mental incapacity Insertion end , under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted; or

• Start of inserted block

  (e) is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.

  End of inserted block

(4) Le paragraphe 52(2) de la même loi est remplacé par ce qui suit :

Deletion of name — discretionary

(2) The Chief Electoral Officer may delete from the Register of Electors Insertion start or Register of Future Electors Insertion end the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

43 L’article 53 de la même loi devient le paragraphe 53(1) et est modifié par adjonction de ce qui suit :

Restriction — Register of Future Electors

(2) If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes of

44 L’article 54 de la même loi est remplacé par ce qui suit :

Access to personal information

54 At the written request of an elector Insertion start or future elector Insertion end , the Chief Electoral Officer shall send him or her all the information in the Chief Electoral Officer’s possession relating to Insertion start him or her Insertion end .

2007, ch. 21, art. 9

45 Le paragraphe 55(1) de la même loi est remplacé par ce qui suit :

Provincial bodies

55 (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors Insertion start or future electors Insertion end , governing the giving of information contained in the Register of Electors Insertion start or Register of Future Electors Insertion end , or the giving of information referred to in subsection 44(2) or ( Insertion start 3 Insertion end ) that the Chief Electoral Officer intends to include in Insertion start either Insertion end register, if that information is needed for establishing such a list.

2007, ch. 21, par. 10(1)

46 (1) Les alinéas 56a) à d) de la même loi sont remplacés par ce qui suit :

• (a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector Insertion start or as a future elector Insertion end or relating to any other information referred to in section 49;

• (b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector Insertion start or as a future elector Insertion end , to that Insertion start other person’s Insertion end surname, given names, Insertion start gender Insertion end , civic address or mailing address, or to the identifier assigned to that Insertion start other Insertion end person by the Chief Electoral Officer, for the purpose of having that Insertion start other Insertion end person’s name deleted from the Register of Electors Insertion start or Register of Future Electors, as the case may be Insertion end ;

• (c) request the listing in the Register of Electors Insertion start or Register of Future Electors Insertion end of the name of a person who is not qualified as an elector Insertion start or as a future elector, as the case may be Insertion end , knowing that the person is not so qualified;

• (d)  Insertion start knowingly Insertion end apply to have included in the Register of Electors Insertion start or Register of Future Electors Insertion end the name of an animal or thing;

2007, ch. 21, par. 10(2)

(2) Le sous-alinéa 56e)‍(ii) de la même loi est remplacé par ce qui suit :

• Start of inserted block

  (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or

  End of inserted block

(3) L’article 56 de la même loi est modifié par adjonction, après l’alinéa e), de ce qui suit :

• Start of inserted block

  (e.‍1) knowingly use personal information that is obtained from the Register of Future Electors except as follows:

  • (i) for the purposes of updating the Register of Electors,

  • (ii) for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1),

  • (iii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or

  • (iv) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or

    End of inserted block