C-7614264-65-66-67Elizabeth II2015-2016-2017-2018An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendmentsCanada Elections Act, the Parliament of Canada Act and the Public Service Employment ActAn Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments201810
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90866RECOMMENDATIONHer 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”.SUMMARYThis 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 enactmentadds 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;creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); andcreates 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 enactmentestablishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;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;amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;removes limitations on public education and information activities conducted by the Chief Electoral Officer;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; andextends 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 enactmentremoves 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;limits election periods to a maximum of 50 days;removes administrative barriers in order to facilitate the hiring of election officers;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;removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;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;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;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;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;provides the Commissioner of Canada Elections with the authority to lay charges;provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;clarifies offences relating tothe publishing of false statements,participation by non-Canadians in elections, including inducing electors to vote or refrain from voting, andimpersonation; andimplements 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:Short Title
Short titleThis Act may be cited as the Elections Modernization Act.
2000, c. 9Canada Elections Act
2014, c. 12, s. 2(2)The definitions leadership campaign expense and nomination campaign expense in subsection 2(1) of the Canada Elections Act are repealed.2007, c. 21, s. 1; 2014, c. 12, s. 2(7)The definitions capital asset, election officer, polling day, prescribed and Register of Electors in subsection 2(1) of the Act are replaced by the following:capital asset means any property with a commercial value of more than $200 that in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; andin the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest. (bien immobilisé)election officer means a person referred to in subsection 22(1) or appointed under section 32. (fonctionnaire électoral)polling day, in relation to an election, means the date fixed for voting at the election under paragraph 57(1.2)(c) or subsection 59(4) or 77(2). (jour du scrutin)prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. (prescrit)Register of Electors means the Register of Electors established under paragraph 44(1)(a). (Registre des électeurs)Paragraph (b) of the definition election documents in subsection 2(1) of the Act is replaced by the following:the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;2001, c. 21, s. 1(2)(E); 2014, c. 12, s. 2(4)The definition election documents in subsection 2(1) of the Act is amended by striking out “and” at the end of paragraph (e) and by replacing paragraphs (f) and (g) with the following:the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, includingstubs and unused ballot papers,ballot papers cast for the various candidates,spoiled ballot papers,rejected ballot papers,the list of electors used at the polling station, advance polling station or returning officer’s office,written authorizations of candidates’ representatives,used transfer certificates, if any, andregistration certificates; andthe prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector. (documents électoraux)Paragraph (a) of the definition spoiled in subsection 2(1) of the Act is replaced by the following:one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; or2001, c. 21, s. 1(1)The definition appartenance politique in subsection 2(1) of the French version of the Act is replaced by the following:appartenance politique S’agissant d’un candidat, la désignation du parti politique qui le soutient ou la désignation « indépendant(e) », selon le cas, mentionnée dans son acte de candidature conformément au sous-alinéa 66(1)a)(v). (political affiliation)Subsection 2(1) of the Act is amended by adding the following in alphabetical order: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 includethe transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;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;the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; orthe making of telephone calls to electors only to encourage them to vote. (publicité électorale)election advertising expense means an expense incurred in relation tothe production of an election advertising message; andthe 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 includethe transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;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;the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; orthe making of telephone calls to electors only to encourage them to vote. (publicité partisane)partisan advertising expense means an expense incurred in relation tothe production of a partisan advertising message; andthe 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 whois selected in a nomination contest;is deemed to be a candidate under section 477;is a member or, if Parliament is dissolved, was a member on the day before the dissolution; orhas 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 ofthe first day of an election period for a general election, andthe 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, c. 12, s. 2(8)The portion of subsection 2(1.1) of the Act before paragraph (a) is replaced by the following:Commercial value of capital assetsFor the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower ofSubsection 2(3) of the Act is replaced by the following:Satisfactory proof of identity and residenceFor the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.Section 2 of the Act is amended by adding the following after subsection (6):Definitions of election advertising and partisan advertisingFor the purposes of the definitions election advertising and partisan advertising, promoting or opposing includesin relation to a registered party or eligible party,naming it,identifying it, including by its logo, andproviding a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); andin relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,naming him or her,showing a photograph, cartoon or drawing of him or her,identifying him or her, including by political affiliation or by any logo that he or she has, andproviding a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).
Sections 3 to 5 of the Act are replaced by the following:
Persons qualified as electorsEvery person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.
Section 7 of the Act is repealed.
Section 8 of the Act is amended by adding the following after subsection (2):Person residing outside CanadaThe place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.
The portion of section 10 of the Act before paragraph (a) is replaced by the following:
Former member candidates and electors living with themEach 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 to which is assigned, the polling division in which is located
Subsection 10(1) is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (c) and by repealing paragraphs (b) and (d).Section 10 of the Act is amended by adding the following after subsection (1):Former member candidates and electors living with them — notice to returning officerIf 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 inthe electoral district in which the former member is a candidate; orthe electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.
2003, c. 22, s. 100Section 11 of the Act is repealed.
Subsection 15(1) of the Act is replaced by the following:
Rank, powers and dutiesSubject to subsections 509.1(2) and (3), 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, c. 12, s. 5Subsection 16.1(3) of the Act is replaced by the following:ConsultationsBefore 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 45 days after the day on which the copy is sent.2014, c. 12, s. 5Subsections 16.1(5) to (7) of the Act are replaced by the following:IssuanceThe Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4 as soon as possible after preparing it.
2014, c. 12, s. 5Subsection 16.2(2) of the Act is replaced by the following:ConsultationsBefore 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 30 days after the day on which the copy is sent.2014, c. 12, s. 5Subsection 16.2(4) of the Act is replaced by the following:Pre-publicationWithin 90 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 90-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 90 days after polling day for that election.
2014, c. 12, s. 5Section 16.3 of the Act is replaced by the following:
New interpretationIf an opinion that is published under subsection 16.2(4) interprets a provision of the Act in a way that contradicts an interpretation of that provision provided in a previously issued opinion, the new interpretation does not replace the former interpretation until the date that the new opinion is issued under section 16.2.
2014, c. 12, s. 5.1Subsection 16.5(1) of the Act is repealed.
2014, c. 12, s. 7Section 17.1 of the Act is repealed.
2014, c. 12, s. 7Subsections 18(1) to (2) of the Act are replaced by the following:
Public education and information programsThe 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 publicThe 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 CanadaThe Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.Communication with electors with a disabilityThe Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability:how to become a candidate;how an elector may have their name added to a list of electors and may have corrections made to information respecting them on the list;how an elector may vote under section 127 and the times, dates and locations for voting;how an elector may prove their identity and residence in order to vote, including the pieces of identification that they may use to that end; andthe measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.Communication with future electors with a disabilityIf 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, c. 12, s. 8Sections 18.01 and 18.1 of the Act are replaced by the following:
International cooperationThe Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.
Voting studiesThe Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.Alternative votingThe Chief Electoral Officer may devise and test an alternative voting process for future use in an election.Voting technology — electors with a disabilityThe 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 approvalNeither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.
2014, c. 12, s. 8Subsection 18.2(1) of the Act is replaced by the following:
Power to enter into contracts, etc.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 in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.
2003, c. 22, s. 102(E)Section 19 of the Act and the heading before it are replaced by the following:Staff
StaffThe staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act.
2014, c. 12, s. 10Subsection 20(2) of the Act is replaced by the following:Casual and temporary staffAny 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.
Section 21 of the Act is replaced by the following:
DelegationThe Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.
Paragraph 22(1)(c) of the Act is replaced by the following:persons authorized by a returning officer under section 27 to exercise powers or perform duties under this Act;2014, c. 12, s. 12(2)Paragraphs 22(1)(d) to (k) of the Act are repealed.Subsection 22(1) of the Act is amended by adding “and” at the end of paragraph (m), by striking out “and” at the end of paragraph (n) and by repealing paragraph (o).Paragraph 22(3)(f) of the Act is replaced by the following:a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act or the Referendum Act, or a regulation made under the Referendum Act, or under an Act of the legislature of a province, or a regulation made under an Act of the legislature of a province, relating to provincial, municipal or school board elections.Subsections 22(4) and (5) of the Act are replaced by the following:QualificationsAn election officer must be qualified as an elector, and an election officer referred to in paragraph (1)(a.1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.Election officers younger than 18Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.
Section 23 of the Act is replaced by the following:
Solemn declarationBefore assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.ProhibitionNo election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.Sending of solemn declarationsThe returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.
2014, c. 12, s. 13Paragraphs 23.2(9)(a) and (b) of the Act are replaced by the following:is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;fails to competently exercise a field liaison officer’s powers or competently perform 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); or2014, c. 12, s. 13Paragraph 23.2(9)(c) of the English version of the Act is replaced by the following:contravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.
Paragraphs 24(7)(a) and (b) of the Act are replaced by the following:is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising his or her powers or performing his or her duties under this Act;fails to competently exercise a returning officer’s power or competently perform a returning officer’s duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);Paragraph 24(7)(d) of the Act is replaced by the following:contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her powers or the performance of his or her duties under this Act.2014, c. 12, s. 14(2)Subsections 24(8) and (9) of the Act are replaced by the following:Temporary suspensionThe Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).Duration of suspensionThe 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.
Subsection 26(1) of the Act is replaced by the following:
Assistant returning officerWithout delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.
2014, c. 12, s. 15Subsection 27(1) of the Act is replaced by the following:
DelegationThe 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 exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.
2006, c. 9, s. 176; 2014, c. 12, s. 16(1) and 16(2)(F)Subsections 28(3.01) and (3.1) of the Act are replaced by the following:Designated person to act — suspension of returning officerIf a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month 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, exercise the powers and perform the duties of a returning officer in relation to that election.Designated person to act — absence of returning and assistant returning officersIf, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, 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, exercise the powers and perform the duties of a returning officer in relation to that election.
Subsection 29(2) of the Act is replaced by the following:Appointment of substituteIf 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 with the Chief Electoral Officer’s prior approval.Subsection 29(4) of the Act is replaced by the following:Resignation by assistant returning officerAn 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.
Subsection 30(4) of the Act is replaced by the following:Further limitationAn assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).
2001, c. 21, s. 3(E); 2014, c. 12, ss. 17 to 21The heading “General” before section 32 and sections 32 to 39 of the Act are replaced by the following:
Election officersSubject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.Appointment before issue of writA 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 appointedBefore 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 namesAs soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district 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.Persons whose names are provided to be appointedIf 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 distributionIf 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 replacementIf a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.Lists of election officersEach returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.IdentificationEach election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.
Refusal to appointA returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.Recommendation of another personIf as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.
Record of election officers’ powers and dutiesA 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 officersAn 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, c. 12, s. 22(2)Subsections 41(2) to (4) of the Act are replaced by the following:NoticeWhen 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.
Section 42 of the Act is replaced by the following:
Attribution of votes for appointmentsFor the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,the merged party is deemed to have endorsed a candidate in the last election in the electoral district; andthat candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.
Paragraphs 43(a) to (c) of the Act are replaced by the following:knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; orhaving been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.
2007, c. 21, s. 3Subsection 43.1(1) of the English version of the Act is replaced by the following:
Right of accessNo person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall 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 exercise his or her powers or perform his or her duties under this Act.
The heading of Part 4 of the Act is replaced by the following:Register of Electors and Register of Future Electors
The heading “Maintenance and Communication of Register” before section 44 of the English version of the Act is replaced by the following:Maintenance and Communication
2001, c. 21, s. 4; 2007, c. 21, s. 4Section 44 of the Act is replaced by the following:
Maintenance of RegistersThe Chief Electoral Officer shall maintaina register of persons who are qualified as electors, to be known as the Register of Electors; anda register of persons who are qualified as future electors, to be known as the Register of Future Electors.Contents of RegistersThe Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.2(4), 223(2), 233(2) and 251(3).IdentifierThe Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.Future electors becoming electorsSubject 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 optionalInclusion in the Register of Electors and the Register of Future Electors is optional.Parental consent not necessaryA 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, c. 21, s. 5Subsection 45(1) of the Act is replaced by the following:
Lists to members and registered partiesBy November 15 in each year, the Chief Electoral Officer shall make available 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 — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.
The heading before section 46 of the English version of the Act is replaced by the following:Updates
The portion of subsection 46(1) of the Act before subparagraph (b)(i) is replaced by the following:
Sources of informationThe Register of Electors and the Register of Future Electors shall be updated frominformationthat electors or future electors, as the case may be, have given the Chief Electoral Officer, orthat is held by a federal department or body and that electors or future electors, as the case may be, have expressly authorized to be given to the Chief Electoral Officer; andinformation that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, gender, date of birth, civic address and mailing address of electors and future electors included in the Register of Electors or Register of Future Electors, as the case may be, and that
2007, c. 21, s. 6Subsection 46(1.1) of the Act is replaced by the following:Source of information: Register of Future ElectorsThe 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 informationThe Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.
2007, c. 21, s. 7Sections 46.1 and 46.2 of the Act are replaced by the following:
Information from Minister of Citizenship and ImmigrationDespite 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:his or her surname and given names;his or her gender;his or her date of birth;his or her addresses; andany unique identifier that that Minister has assigned to him or her under that Act.
Citizenship informationFor the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, 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 individualsFor the purpose of updating the Register of Electors or Register of Future Electors, 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 relevant register.
2007, c. 21, s. 8Sections 47.1 to 51 of the Act are replaced by the following:
Other dutiesBetween election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.
Adding electors and future electorsThe Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register.Obligation of elector or future electorAn elector or future elector who wishes to be included in the relevant 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 or as a future elector, as the case may be.ExceptionsThis section does not apply in respect of the inclusion of an elector or future elector that isdone at his or her request;done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; ordone using information to update the Register of Electors under subsection 46(1.01).
Listing requestsAny person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providinga signed certification that he or she is qualified as an elector or as a future elector, as the case may be;his or her surname, given names, gender, date of birth, civic address and mailing address; andsatisfactory proof of identity.Optional informationIn addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector or future elector is not required to do so.
CorrectionsAn elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.
VerificationThe Chief Electoral Officer maycontact an elector or future elector to verify the Chief Electoral Officer’s information relating to him or her; andrequest the elector or future elector to confirm, correct or complete the information within 60 days after receiving the request.
The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:
Deletion of namesThe Chief Electoral Officer shall delete from the Register of Electors or Register of Future Electors the name of any person who
Paragraph 52(1)(b) of the Act is replaced by the following:is not an elector or future elector, as the case may be, subject to subsection 44(4);2014, c. 12, s. 23(1)Paragraph 52(1)(d) of the Act is replaced by the following:is, by reason of mental incapacity, 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; oris a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.Subsection 52(2) of the Act is replaced by the following:Deletion of name — discretionaryThe Chief Electoral Officer may delete from the Register of Electors or Register of Future Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.
Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:Restriction — Register of Future ElectorsIf 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 ofupdating the Register of Electors; orthe transmission of information in the course of public education and information programs implemented under subsection 18(1).
Section 54 of the Act is replaced by the following:
Access to personal informationAt the written request of an elector or future elector, the Chief Electoral Officer shall send him or her all the information in the Chief Electoral Officer’s possession relating to him or her.
2007, c. 21, s. 9Subsection 55(1) of the Act is replaced by the following:
Provincial bodiesThe Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list.ExceptionDespite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.
2007, c. 21, s. 10(1)Paragraphs 56(a) to (d) of the Act are replaced by the following:knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or as a future elector or relating to any other information referred to in section 49;knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector or as a future elector, to that other person’s surname, given names, gender, civic address or mailing address, or to the identifier assigned to that other person by the Chief Electoral Officer, for the purpose of having that other person’s name deleted from the Register of Electors or Register of Future Electors, as the case may be;request the listing in the Register of Electors or Register of Future Electors of the name of a person who is not qualified as an elector or as a future elector, as the case may be, knowing that the person is not so qualified;knowingly apply to have included in the Register of Electors or Register of Future Electors the name of an animal or thing;2007, c. 21, s. 10(2)Subaragraph 56(e)(ii) of the Act is replaced by the following:for the purposes of the administration and enforcement of this Act or the Referendum Act, orSection 56 of the Act is amended by striking out “or” at the end of subparagraph (e)(iii) and by adding the following after paragraph (e):knowingly use personal information that is obtained from the Register of Future Electors except as follows:for the purposes of updating the Register of Electors,for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1),for the purposes of the administration and enforcement of this Act or the Referendum Act, orin 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
2001, c. 21, s. 5Paragraph 57(1.2)(c) of the Act is replaced by the following:fix the date for voting at the election, which date must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.
Subsections 59(2) and (3) of the Act are replaced by the following:Duties of Chief Electoral OfficerIf the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and, on being ordered by the Governor in Council to do so, shall, within three months after the date of publication of the notice, issue a new writ ordering an election to be held.Polling dayThe day named in the new writ for polling day is determined by the Governor in Council, but may be no later than the 50th day after the day on which the new writ was issued.Postponement of election and new polling dayIf the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.Postponement of election — rulesIf the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.2)(c) and not the day fixed under subsection (4);if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, thenanything done as authorized or required on or before the day on which the postponement order is made is valid, andin respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, thenanything done as authorized or required on that day is valid, andin respect of anything not done as authorized or required on that day, the day on which the thing is authorized or required to be done is postponed by the number of days by which the election is postponed;if a period is extended under subparagraph (b)(ii) or a day is postponed under subparagraph (c)(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; andfor the purposes of this subsection, if the original polling day fixed under paragraph 57(1.2)(c) is a Tuesday because of section 56.2 or subsection 57(4), it is deemed to be a Monday.
Subsection 60(1) of the Act is replaced by the following:
Returning officer to open and maintain officeEvery returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period.
Paragraph 61(2)(b) of the Act is replaced by the following:make a solemn declaration in the prescribed form; and
Subsection 64(3) of the Act is replaced by the following:Notice to election officersThe returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.
Paragraph 65(a) of the French version of the Act is replaced by the following:les personnes qui n’ont pas qualité d’électeur le jour où leur acte de candidature est déposé;Paragraphs 65(d) and (e) of the Act are replaced by the following:the Chief Electoral Officer;
The portion of paragraph 66(1)(a) of the Act before subparagraph (i) is replaced by the following:a solemn declaration, in the prescribed form, made by the prospective candidate ofParagraph 66(1)(a) of the Act is amended by adding the following after subparagraph (i):any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),2014, c. 12, s. 26(1)Subparagraph 66(1)(a)(iv) of the Act is replaced by the following:the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2);2001, c. 21, s. 7Subparagraph 66(1)(a)(v) of the French version of the Act is replaced by the following:le nom du parti politique qui la soutient ou, faute de soutien, son intention d’être désignée par la mention « indépendant(e) » ou de n’avoir aucune désignation d’appartenance politique dans les documents électoraux;Paragraph 66(1)(a) of the Act is amended by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;Paragraphs 66(1)(b) and (c) of the Act are replaced by the following:a statement signed by the prospective candidate consenting to the nomination;Subsection 66(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).2014, c. 12, ss. 26(2)(F) and (3)Subsections 66(2) to (4) of the Act are replaced by the following:Particulars of candidates — nameFor the purpose of subparagraphs (1)(a)(i) and (i.1), the name shall not include any title, degree or other prefix or suffix.Particulars of candidates — occupationFor the purpose of subparagraph (1)(a)(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.Witness ensures signatures are local electors’A witness to a signature referred to in paragraph (1)(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.
2015, c. 37, ss. 2(2) and 6(2)Section 67 of the Act is replaced by the following:
Filing of nomination paperA prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.Proof of identity — prospective candidateA prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); ortwo pieces of identification of a type authorized under subsection (3), each of which establishes that name.Authorized types of identificationThe Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.Name prospective candidate commonly known by — documentsIf a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.Authorized types of documentsThe Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).Auditor’s consentIf a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.Authorized personA prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).Proof of identity — authorized personA person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); ora copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.
Section 68 of the Act is amended by adding the following after subsection (2):Names of endorsed candidatesThe chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, withthe name of every prospective candidate who has been endorsed by the party;the electoral district in which the prospective candidate intends to be a candidate; andthe name of the person or persons who endorsed the prospective candidate on the party’s behalf.Information to returning officersAs soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).
Subsection 70(2) of the French version of the Act is replaced by the following:Clôture des candidaturesUn acte de candidature ne peut être reçu de quiconque entre au bureau du directeur du scrutin après 14 h le jour de clôture.Subsection 70(3) of the Act is replaced by the following:Designated filing placeThe returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:the nomination paper;the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b);the documents referred to in subsection 67(4);the statement referred to in subsection 67(6); andthe copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b).
Paragraph 71(2)(a) of the Act is replaced by the following:that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be;Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate.
The Act is amended by adding the following after section 71:
Name prospective candidate commonly known by — determinationIf a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.Confusion with name of political party — determinationIf the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.Name to appear on ballotThe name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unlessthe returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; orthe Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.ClarificationFor greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).Notice of name to appear on ballotThe returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.
Section 72 of the Act is repealed.
Subsection 73(1) of the Act is replaced by the following:
Electronic filingA person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.Proof of identityIf a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).
2001, c. 21, s. 10(E)Sections 91 and 92 of the Act are replaced by the following:
Publishing false statement to affect election resultsNo person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period,a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; ora false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.ClarificationSubsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.
Publishing false statement of candidate’s withdrawalNo person or entity shall publish a false statement that indicates that a candidate has withdrawn.
2007, c. 21, s. 13Subsections 93(1) and (1.1) of the Act are replaced by the following:
Preliminary lists and information to returning officerAs soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall make it available to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.Preliminary lists to partiesThe Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued.
Section 94 of the Act is replaced by the following:
Preliminary lists to candidatesEach returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.
Paragraphs 95(1)(a) and (b) of the Act are replaced by the following:are incarcerated electors as defined in section 177;Paragraph 95(2)(a) of the Act is replaced by the following:the address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;Paragraphs 95(3)(b) and (c) of the Act are replaced by the following:requires a polling station that is in premises that are accessible to electors with a disability, which his or her polling station is not; oris unable to attend at a polling station because of a disability.
2014, c. 12, s. 34Sections 97 and 98 of the Act are replaced by the following:
Election officers who are designated to receive applicationsThe returning officer, assistant returning officer and other election officers for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.Applications for addition, correction or deletionAll applications referred to in subsection (1) that are received by election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.
Revision officesThe returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall be in premises that are accessible to electors with a disability.
Section 100 of the Act is replaced by the following:
Election officers to act in pairsElection officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.Disagreement between election officersIn case of disagreement between members of a pair, the two election officers shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.
2007, c. 21, s. 16(1)Paragraph 101(1)(d) of the Act is replaced by the following:the elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.
The heading before section 103 and sections 103 and 104 of the Act are repealed.
2007, c. 21, s. 17Section 104.1 of the Act is replaced by the following:
Lists to candidatesEach returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.
Lists to registered partiesThe Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.
2014, c. 12, ss. 36 and 37Sections 106 and 107 of the Act are replaced by the following:
Official list of electorsEach 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 station for use on polling day.
Form of listsThe revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.Lists to election officersEach returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.Lists to candidatesEach returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.Lists to registered partiesThe Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.
Subsection 108(2) of the Act is repealed.
2001, c. 21, s. 11Subsections 109(2) and (3) of the Act are replaced by the following:Lists to member and partiesThe Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.
2007, c. 21, s. 19; 2014, c. 12, s. 38Section 110 of the Act is replaced by the following:
Registered partiesA registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.Eligible partiesAn eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.MembersA member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists forcommunicating with his or her electors; andif the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.CandidatesA candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.
Subparagraph 111(f)(ii) of the Act is replaced by the following:for the purposes of the administration and enforcement of this Act or the Referendum Act.
The heading before section 112 of the Act is replaced by the following:List of Election Officers
Subsection 112(1) of the Act is replaced by the following:
List of election officers to candidatesA returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.
Section 113 of the Act is replaced by the following:
Delivery to returning officersThe Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.
Subsection 114(2) of the Act is replaced by the following:Material of ballot boxEach ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and other election officers to be affixed.
Subsection 116(6) of the French version of the Act is replaced by the following:Nom de l’imprimeur et affidavitLes bulletins de vote doivent porter le nom de l’imprimeur qui doit, lorsqu’il les livre au directeur du scrutin, lui remettre un affidavit, selon le formulaire prescrit, précisant leur description, le nombre qu’il lui livre et le fait qu’il s’est conformé au paragraphe (5).
Subsection 117(1) of the Act is replaced by the following:
Information on the ballotBallots shall contain the names of candidates referred to in subparagraph 66(1)(a)(i) or (i.1), as the case may be, and taken from their nomination papers, arranged alphabetically.
2001, c. 21, s. 12Paragraph 117(2)(b) of the Act is replaced by the following:the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and2001, c. 21, s. 12Subsection 117(3) of the French version of the Act is replaced by the following:Mention « indépendant(e) »Le bulletin de vote porte la mention « indépendant(e) » sous le nom du candidat qui l’a demandé conformément au sous-alinéa 66(1)a)(v), et seulement dans ce cas.Subsection 117(5) of the French version of the Act is replaced by the following:Mention de l’adresse ou de la professionDans les cas où au moins deux candidats ont le même nom et ont indiqué leur intention d’être désignés par la mention « indépendant(e) » ou de n’avoir aucune désignation de parti dans le cadre du sous-alinéa 66(1)a)(v), les bulletins de vote mentionnent l’adresse ou la profession de ces candidats s’ils en font la demande par écrit au directeur du scrutin avant 17 h le jour de clôture.
The heading before section 119 of the Act is replaced by the following:Provision of Election Materials to Election Officers
The portion of subsection 119(1) of the Act before paragraph (c) is replaced by the following:
Materials to be provided to election officersBefore voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district withenough ballots for at least the number of electors on the official list of electors for the polling station;a statement showing the number of ballots that are provided, with their serial numbers;
Paragraph 119(1)(f) of the French version of the Act is replaced by the following:la liste électorale officielle à utiliser au bureau de scrutin, qu’il place si possible dans l’urne avec les bulletins de vote et autres accessoires;Subsection 119(2) of the Act is replaced by the following:Safekeeping of election materialsUntil the opening of the poll, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure the safekeeping of those materials and to prevent any person from having unlawful access to them.
Section 120 of the Act and the heading before it are replaced by the following:Polling Stations
Establishment of polling stationsEach returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.
Subsections 121(1) to (3) of the Act are replaced by the following:
AccessibilityA polling station shall be in premises that are accessible to electors with a disability.ExceptionIf a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.Voting compartmentsEach polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.
Subsections 122(1) and (2) of the Act are replaced by the following:Polling station in school or other public buildingWhenever possible, a returning officer shall establish a polling station in a school or other suitable public building.
2014, c. 12, s. 42Sections 123 and 124 of the Act are repealed.
2014, c. 12, s. 43Section 125.1 of the Act is replaced by the following:
Information — location of polling stationsThe returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.Notification of change — on or before 5th day before polling dayIf, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.Electoral district maps — electronic formatThe maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.Notification of change — after 5th day before polling dayIf, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.
Paragraphs 135(1)(a) and (b) of the Act are replaced by the following:any field liaison officer;the returning officer, his or her representatives and any member of his or her staff whom he or she authorizes to be present;any election officer whom the returning officer authorizes to be present;2014, c. 12, s. 44(1)Paragraphs 135(1)(g) and (h) of the Act are replacing by the following:if a polling division of an electoral district in which a registered party’s leader is a candidate is assigned to the polling station, 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 audio or video recording of the candidates as they cast their votes; andthe auditor referred to in section 164.1.2014, c. 12, s. 44(2)Subsections 135(2) to (5) of the Act are replaced by the following:Delivery of representative’s authorizationWhen a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form, or a copy of it, to an election officer who is assigned to the polling station.Representative authorized in writingA representative bearing a written authorization referred to in subsection (2), or a copy of one, is a representative of the candidate for the purposes of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate.Solemn declarationEach representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall make a solemn declaration in the prescribed form.Solemn declarationA candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, make a solemn declaration in the prescribed form before an election officer who is assigned to that polling station. The representative is not required to make another solemn declaration 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 made the solemn declaration.
Subsection 136(2) of the Act is replaced by the following:Representatives may absent themselves from pollA representative of a candidate, or an elector described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent, or a copy of one, or to make another solemn declaration.
Subsection 138(1) of the Act is replaced by the following:
Initialling ballotsBefore a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, an election officer who is assigned to the polling station shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.
Subsections 138(2) and (3) of the French version of the Act are replaced by the following:Interdiction de défaire le carnetLe fonctionnaire électoral appose son paraphe sans détacher le bulletin de vote du carnet.Cas de manque de tempsL’apposition du paraphe ne peut avoir pour effet de retarder l’ouverture du scrutin; s’il n’a pas paraphé tous les bulletins de vote à l’heure d’ouverture, le fonctionnaire électoral le fait dans les meilleurs délais, avant de remettre les bulletins aux électeurs.
The portion of section 140 of the Act before paragraph (a) is replaced by the following:
Examining and sealing ballot boxWhen the polling station opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall
Sections 141 and 142 of the Act are replaced by the following:
Calling electorsImmediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote.
Electors not to be impededAn election officer who is assigned to the polling station shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.
2007, c. 21, s. 21Subsection 143(1) of the Act is replaced by the following:
Elector to give name and addressEach elector, in order to receive a ballot, shall give his or her name and address to an election officer who is assigned to the polling station, and, on request, to a candidate or a candidate’s representative.
2014, c. 12, s. 46(1)The portion of subsection 143(2) of the Act before paragraph (a) is replaced by the following:Proof of identity and residenceIf the election officer 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, subject to subsection (3), the elector shall provide the election officer with the following proof of his or her identity and residence:2007, c. 21, s. 21Paragraph 143(2)(a) of the English version of the Act is replaced by the following:one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the elector and his or her name and address; or2014, c. 12, s. 46(3)Subsection 143(2.1) of the Act is replaced by the following:Authorized types of identificationThe Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document may be authorized, regardless of who issued it.2014, c. 12, s. 46(4)Subsection 143(3) of the Act is replaced by the following:Solemn declarationAn elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and whoprovides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; andvouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.Vouching for electors in long-term care institutionIf an elector who resides in an institution for sen­iors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.Definition of employeeIn subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.2007, c. 37, s. 1Subsection 143(3.2) of the Act is replaced by the following:Request to make solemn declarationDespite subsection (3.1), if the election officer referred to in subsection (1), a candidate or a candidate’s representative has reasonable doubts concerning the residence of an elector referred to in subsection (3.1), the officer, candidate or representative may request that the elector make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the elector’s residence is deemed to have been proven only if he or she makes that solemn declaration.2007, c. 21, s. 21; 2014, c. 12, s. 46(6)Subsections 143(4) to (6) of the Act are replaced by the following:VotingIf the election officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2), (3), (3.1) or (3.2), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.
2007, c. 21, s. 21; 2014, c. 12, s. 47Sections 143.1 and 144 of the Act are replaced by the following:
Requirement before making solemn declaration — electorIf a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing 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 making solemn declaration — vouching for electorIf a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).
Proof of qualification as electorIf the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.
2007, c. 21, s. 22; 2014, c. 12, ss. 48 and 49Sections 146 to 148.1 of the Act are replaced by the following:
Name and address corresponding closely to anotherIf the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.
Person in whose name another has votedIf 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 makes the solemn declaration referred to in subsection 549.1(1) in writing.Requirement before making solemn declarationAn election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).
Name crossed off list in errorIf 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 makes the solemn declaration referred to in subsection 549.1(1) in writing.
Failure to prove identity or residenceAn elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.When elector refuses to make solemn declarationIf an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.
2007, c. 21, ss. 23(1)(E), (2) and (3)(E)Paragraphs 149(a) to (c) of the Act are replaced by the following:the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); orthe elector gives the election officer a registration certificate described in subsection 161(4).
Section 150 of the Act is replaced by the following:
Delivery of ballot to electorEvery elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.Instructions to elector on receiving ballotThe election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.
Paragraph 151(1)(c) of the Act is replaced by the following:fold the ballot as instructed by the election officer; andParagraph 151(1)(d) of the English version of the Act is replaced by the following:return the ballot to the election officer who provided it.The portion of subsection 151(2) of the Act before paragraph (a) is replaced by the following:Return of ballotThe election officer shall, on receiving the ballot from the elector,
Subsection 152(1) of the Act is replaced by the following:
Spoiled ballotIf the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.
Section 154 of the Act is replaced by the following:
Assistance by election officerOn request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.TemplateAn election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.
2000, c. 12, par. 40(2)(c)Subsection 155(1) of the English version of the Act is replaced by the following:
Assistance by friend or related personIf an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:a friend of the elector;the elector’s spouse or common-law partner; ora relative of the elector or of the elector’s spouse or common-law partner.
Subsection 155(2) of the Act is repealed.2000, c. 12, par. 40(2)(d)The portion of subsection 155(3) of the Act before paragraph (a) is replaced by the following:Solemn declarationA person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or she2000, c. 12, par. 40(2)(d)Paragraphs 155(3)(a) to (d) of the French version of the Act are replaced by the following:marquera le bulletin de vote conformément aux instructions de l’électeur;ne divulguera pas le vote de l’électeur;ne tentera pas d’exercer une influence sur celui-ci dans son choix;n’a pas déjà aidé, lors de l’élection en cours, une autre personne, à titre d’ami, à voter.2000, c. 12, par. 40(2)(d)Subsection 155(4) of the Act is repealed.
Section 156 of the Act is replaced by the following:
Use of interpreterAn election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.
The portion of subsection 157(1) of the Act before paragraph (a) is replaced by the following:
Elector who is confined to bedAt a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall
Paragraph 157(1)(b) of the French version of the Act is replaced by the following:avec l’approbation du responsable de l’établissement, transporter l’urne, les bulletins de vote et les autres documents électoraux nécessaires de chambre en chambre, en vue de recueillir les votes des électeurs alités qui résident habituellement dans la section de vote où se trouve l’établissement.Subsection 157(2) of the Act is replaced by the following:Procedure for taking the votesWhen the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.
Subsections 158(2) and (3) of the Act are replaced by the following:Transfer certificate for election officerAn election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.ConditionA transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.
2007, c. 21, s. 25Section 159 of the Act is replaced by the following:
Transfer certificate for elector with disabilityAn elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.ApplicationThe application shall be made in accordance with the Chief Electoral Officer’s instructions.Issue of transfer certificate to elector with disabilityAn election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.
The portion of section 160 of the Act before paragraph (a) is replaced by the following:
Signing, numbering and recording transfer certificateThe election officer who issues a transfer certificate shall
Paragraph 160(e) of the Act is replaced by the following:if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.
2007, c. 21, s. 26(1); 2014, c. 12, s. 50(1)(F)The portion of subsection 161(1) of the Act before paragraph (a) is replaced by the following:
Registration in personAn elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector
2014, c. 12, s. 50(1.1)Paragraph 161(1)(a) of the French version of the Act is replaced by the following:soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;2014, c. 12, s. 50(1.1)Paragraph 161(1)(b) of the Act is replaced by the following:proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and whoprovides 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, andvouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.Subsections 161(2) and (3) of the Act are replaced by the following:Vouching for electors in long-term care institutionIf an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.Definition of employeeIn subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.Representative of each candidateThe election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.2014, c. 12, s. 50(3)Subsection 161(4) of the Act is replaced by the following:Registration certificateIf the elector satisfies the requirements of subsection (1), the election 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 solemn declaration made by the elector that he or she is qualified as an elector under section 3.2014, c. 12, s. 50(5)Subsections 161(6) and (7) of the Act are repealed.
2014, c. 12, s. 51Section 161.1 of the Act is replaced by the following:
Requirement before making solemn declaration — electorIf a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing 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 making solemn declaration — vouching for electorIf a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).
The heading before section 162 of the Act is replaced by the following:Duties of Election Officers Assigned to Polling Station
The portion of section 162 of the Act before paragraph (b) is replaced by the following:
DutiesAn election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shallmake, on the prescribed form, the entries required under this Act;
Paragraph 162(d) of the Act is repealed.2007, c. 21, s. 28Paragraphs 162(f) and (g) of the Act are replaced by the following:indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration;2007, c. 21, s. 28Paragraph 162(i) of the Act is replaced by the following:indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;
Section 164 of the Act is replaced by the following:
Procedure in case of contravention of secrecyIt is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.ClarificationFor greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.
2014, c. 12, s. 53Section 164.1 of the Act is replaced by the following:
Engagement of auditorFor 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 election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.
Subsection 166(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).
Section 167 of the Act is repealed.
Subsection 168(4) of the Act is replaced by the following:Combining advance polling districtsWhen a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.Subsection 168(5) of the French version of the Act is replaced by the following:Demande de modification de l’emplacement d’un bureau de vote par anticipationSi une demande de modification de l’emplacement d’un bureau de vote par anticipation est présentée au directeur du scrutin au plus tard quatre jours après la délivrance du bref, celui-ci peut, avec l’agrément préalable du directeur général des élections, prendre des dispositions en vue de changer le bureau de place.Subsections 168(6) and (7) of the Act are replaced by the following:AccessibilityAn advance polling station shall be in premises that are accessible to electors with a disability.ExceptionIf a returning officer is unable to secure suitable premises for an advance polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the advance polling station in premises that are not accessible to such electors.Advance polling station in more than one premisesIf the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.
The Act is amended by adding the following after section 168:Transfer Certificates
Transfer certificate for candidateA candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.Transfer certificate for election officerAn election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.ConditionA transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.Transfer certificate for elector whose advance polling station has movedIf an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.
Transfer certificate for elector with disabilityAn elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.Application requirementsThe application shall be made in accordance with the Chief Electoral Officer’s instructions.Issue of transfer certificate to elector with disabilityAn election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.
Signing, numbering and recording transfer certificateThe election officer who issues a transfer certificate shallfill in and sign the certificate and mention on it the date of its issue;consecutively number the certificate in the order of its issue;keep a record of the certificate in the order of its issue on the prescribed form;not issue the certificate in blank; andif possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.
Subsection 169(1) of the Act is replaced by the following:
Registration at advance polling stationEvery elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.
2007, c. 21, s. 30(1); 2014, c. 12, s. 54(1)(F) and (1.1)The portion of subsection 169(2) of the French version of the Act before paragraph (b) is replaced by the following:ConditionsIl ne peut toutefois être inscrit que s’il établit son identité et sa résidence :soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;2014, c. 12, s. 54(1.1)Paragraph 169(2)(b) of the Act is replaced by the following:proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and whoprovides 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, andvouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.Section 169 of the Act is amended by adding the following after subsection (2):Vouching for electors in long-term care institutionIf an elector who resides in an institution for sen­iors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)(b) who accompanies him or her may be an employee of the institution who res­ides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.Definition of employeeIn subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.2014, c. 12, s. 54(2)Subsections 169(3) and (4) of the Act are replaced by the following:Registration certificateIf the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station 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 solemn declaration made by the elector that he or she is qualified as an elector under section 3.EntryAn election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.2014, c. 12, s. 54(4)Subsections 169(5) and (6) of the Act are repealed.
2014, c. 12, s. 55Section 169.1 of the Act is replaced by the following:
Requirement before making solemn declaration — electorIf a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing 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 making solemn declaration — vouching for electorIf a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).
2014, c. 12, s. 56Subsection 171(2) of the Act is replaced by the following:When advance polling stations to be openAn advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.
Subparagraphs 172(a)(iii) and (iv) of the Act are replaced by the following:the place where, for each advance polling station, an election officer who is assigned to the advance polling station shall count the number of votes cast at the advance polling station, andthat the counting of the votes cast shall begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations; andSection 172 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):make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.Section 172 of the Act is renumbered as subsection 172(1) and is amended by adding the following:Maps made available to registered partiesThe Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.
2007, c. 21, s. 32Subsections 173(2) and (3) of the Act are replaced by the following:Elector not on the revised listAn elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).Procedure by election officerIf an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).
2014, c. 12, ss. 57 and 58Sections 174 and 175 of the Act are replaced by the following:
Duties of election officerIf an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.Number of advance polling district An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.Record of votes castAn election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.
Opening of advance polling stationAt the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,on the 1st day of advance polling,open the ballot box and ascertain that it is empty,seal the ballot box with the seals provided by the Chief Electoral Officer, andplace the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day; andon the 2nd, 3rd and 4th days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.Close of advance polling stationAt the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.Other ballot boxesIf an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,take the steps set out in subparagraphs (1)(a)(i) to (iii) with regard to that other ballot box; andtake the steps set out in paragraph (1)(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.Candidates may check sealsThe candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; andfor each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.Custody of ballot boxesUntil the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.Recovery of ballot boxDespite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.Recovery of ballot box — dwelling place or vehicleIf a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).Authority to issue warrantOn ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath thata ballot box is in the dwelling place or vehicle;entry to the dwelling place or vehicle is necessary to recover the ballot-box; andentry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.TelewarrantIf a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.
Subsection 176(3) of the Act is replaced by the following:When lists already distributedIf an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct an election officer who is assigned to the polling station to cross their names off the list, and the election officer shall do so without delay.
The portion of section 177 of the Act before the definition administrative centre is replaced by the following:
DefinitionsThe definitions in this section apply in this Part, and Parts 11.1 and 19.
The definitions administrative centre, Canadian Forces elector, deputy returning officer, statement of ordinary residence and voting territory in section 177 of the Act are repealed.The definitions application for registration and special ballot, inner envelope, liaison officer and outer envelope in section 177 of the Act are replaced by the following:application for registration and special ballot means an application completed by an elector in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)inner envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be enclosed after it has been marked. (enveloppe intérieure)liaison officer means an elector designated as a liaison officer under subsection 199.2(1) or a person appointed as a liaison officer under subsection 248(1). (agent de liaison)outer envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be transmitted after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)The definition special ballot in section 177 of the English version of the Act is replaced by the following:special ballot means a ballot, other than a ballot referred to in section 241, that is provided to an elector who is entitled to vote under this Part. (bulletin de vote spécial)Section 177 of the Act is amended by adding the following in alphabetical order:unit election officer means an elector designated as a unit election officer under paragraph 205(1)(b). (fonctionnaire électoral d’unité)
Section 180 of the Act is repealed.
Paragraph 182(b) of the Act is replaced by the following:retain the solemn declaration of each special ballot officer that is made under subsection 23(1);Paragraph 182(d) of the Act is replaced by the following:obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;
The Act is amended by adding the following after section 186:
Distribution of election materialsWithout delay after the writs are issued, the special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.
Sections 188 and 189 of the Act are replaced by the following:
Delivery of list of candidatesWithout delay after a list of candidates is established, the special voting rules administrator shall provide the list to the coordinating officer, to every liaison officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person.
The heading “Definitions” before section 190 of the Act is replaced by the following:Interpretation
The definition elector in section 190 of the Act is replaced by the following:elector means a person referred to in section 191. (électeur)Section 190 of the Act is amended by adding the following in alphabetical order:alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence. (adresse de substitution)service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces. (numéro matricule)
The Act is amended by adding the following after section 190:
Election officersFor the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)(f) also apply to them if they are relieved of duty.
The heading before section 191 of the Act is replaced by the following:Voting Entitlement
The portion of section 191 of the Act before paragraph (a) is replaced by the following:
Qualification and right to voteAny of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:
Paragraph 191(b) of the Act is replaced by the following:a member of the reserve force of the Canadian Forces; andSection 191 of the Act is amended by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).
2000, c. 12, par. 40(2)(f)Sections 192 to 198 of the Act are replaced by the following:Registration
Right to registerWhen a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.Right to register — future electorWhen a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.Service numberAn elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.
Subsection 199(2) of the Act is replaced by the following:DutyThe coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector or future elector:his or her surname, given names, gender, rank and service number;his or her date of birth;the civic address and mailing address of his or her place of ordinary residence; andhis or her current mailing address.Updating Register of ElectorsThe Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.Retention of certain informationThe Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.Information provided to coordinating officerThe Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)(a) to (d) relating to each elector or future elector who has provided a service number under this Part.
The Act is amended by adding the following after section 199:
CooperationThe coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, ofa person employed by or in support of the Canadian Forces outside Canada;a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; ora person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).
Liaison Officers
DesignationThe Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.Duty of coordinating officerThe coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.
Sections 200 to 203 of the Act are replaced by the following:
Duty of Chief Electoral OfficerWithout delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue.
Duty of coordinating officerOn being informed of the issue of the writs, the coordinating officer shall inform each liaison officer and commanding officer of their issue.
Duty of liaison officers — informationOn being informed of the issue of the writs, a liaison officer shall give each commanding officer in respect of whose unit the liaison officer has liaison duties all necessary information for carrying out the purposes and provisions of this Division.
Paragraph 204(2)(b) of the Act is replaced by the following:the commanding officer will designate one or more unit election officers to collect their votes and fix the voting times during the voting period.Subsection 204(3) of the Act is replaced by the following:Contents of listThe list shall be arranged alphabetically and shall indicate each elector’s surname, given names and service number, the address of his or her place of ordinary residence and his or her electoral district.
The Act is amended by adding the following after section 204:
Alternative address — commanding officerFor the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).Alternative address — electorFor the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.Special voting rules administrator informedThe commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.ClarificationFor greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.
The portion of subsection 205(1) of the Act before paragraph (a) is replaced by the following:
Duties of commanding officerAfter being informed of the issue of the writs, but no later than the 28th day before polling day, each commanding officer shall
Paragraphs 205(1)(b) to (d) of the Act are replaced by the following:designate a sufficient number of electors as unit election officers to allow for voting to take place at each polling station;through a liaison officer, provide the special voting rules administrator with a list of the unit election officers and their ranks, and the list of electors for the unit; andprovide the unit election officers with the list of electors for the unit.
Section 207 of the Act is replaced by the following:
Joint polling stationsThe commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.
Paragraphs 209(a) and (b) of the Act are replaced by the following:distribute the materials to the unit election officers; anddisplay the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.
Sections 210 to 212 of the Act are replaced by the following:
Duties of unit election officerDuring the voting period, a unit election officer shalldisplay the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; andkeep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.
Representative of registered partyA Canadian citizen may represent a registered party at a polling station if he or she provides the unit election officer with a copy of an authorization in the prescribed form signed by a candidate for the party.
Elector to give name, etc.Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.Alternative addressFor the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.Proof of identityIf the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; ortwo pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.Examination of identification documentsA representative of a registered party may examine, but not handle, any piece of identification presented under this section.Name crossed off the listIf the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.
Application for registration and special ballotAn elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; ortwo pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.Content of applicationAn application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:his or her surname and given names;his or her date of birth;his or her service number;the civic address and mailing address of his or her place of ordinary residence;his or her current mailing address; andany other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.Alternative addressesFor the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.Optional informationIn addition to the information specified in subsection (2), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.Examination of identification documentsA representative of a registered party may examine, but not handle, any piece of identification presented under this section.Acceptance of the applicationIf the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.Application of subsections 204.1(3) and (4)If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.
Authorized types of identificationThe Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)(b) and 211.2(1)(b). For greater certainty, any document may be authorized, regardless of who issued it.
Declaration of electorThe unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.
Subsection 213(1) of the Act is replaced by the following:
Provision of special ballot, etc.A unit election officer shall, once the elector has signed the declaration referred to in section 212, give the elector a special ballot, an inner envelope, the declaration — if it is not on the outer envelope — and the outer envelope.LimitationAn elector who has received a special ballot under subsection (1) may vote only under this Division.
The portion of subsection 213(2) of the Act before paragraph (a) is replaced by the following:Voting on special ballotThe elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding it and, in the presence of the unit election officer,Paragraph 213(2)(b) of the Act is replaced by the following:placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing the outer envelope.Subsection 213(4) of the Act is replaced by the following:Spoiled special ballotIf the special ballot is incapable of being used, the elector shall return it to the unit election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.
Subsection 214(1) of the Act is replaced by the following:
Information to be provided to electorThe unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.
Subsection 214(3) of the Act is repealed.
Section 215 of the Act is replaced by the following:
Voting by unit election officerA unit election officer who is qualified to vote may vote in accordance with this Division.
The portion of subsection 216(1) of the Act before paragraph (b) is replaced by the following:
Assistance by unit election officerIf an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her bycompleting the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; and
Paragraph 216(1)(b) of the English version of the Act is replaced by the following:marking the special ballot as directed by the elector in the elector’s presence and in the presence of another elector selected by the elector as a witness.The portion of subsection 216(2) of the Act before paragraph (b) is replaced by the following:Note and keeping vote secretThe unit election officer and an elector acting as a witness shallsign a note on the declaration indicating that the elector was assisted; and
Subsections 217(2) and (3) of the Act are replaced by the following:Unit election officer for hospitalized electorsIf no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.Bed-ridden electorsA unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.
Sections 218 and 219 of the Act are replaced by the following:
Duty, leave or furloughAn elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.
Delivery of documents to the commanding officerThe unit election officer shall deliver to the unit’s commanding officer,at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; andat the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.Delivery of outer envelopes, etc.On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.Provision of informationOn receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.Delivery of election documents and election materialsOn receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.
Informing the returning officerOn being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.Name on list of electorsWhen the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shallif the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; andindicate on the list of electors that the elector has received a special ballot.
The heading of Division 3 of Part 11 of the Act is replaced by the following:Electors Resident Outside Canada
The definitions elector and register in section 220 of the Act are replaced by the following:elector means an elector who resides outside Canada. (électeur)register means the register referred to in section 222. (registre)
2003, c. 22, s. 103Sections 221 and 222 of the Act are replaced by the following:
Inclusion in register of electors resident outside CanadaAn elector may vote under this Division ifhis or her application for registration and special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on the 6th day before polling day; andhis or her name is entered on the register.
Register of electorsThe Chief Electoral Officer shall maintain a register of electors in which is entered the surname, given names, gender, date of birth, civic address, mailing address and electoral district of each elector who has filed an application for registration and special ballot in order to vote under this Division and who, at any time before making the application, resided in Canada.
Paragraph 223(1)(b) of the Act is repealed.2000, c. 12, par. 40(2)(g)Paragraphs 223(1)(d) to (f) of the Act are replaced by the following:the address of the elector’s place of ordinary residence;
Section 226 of the Act is amended by adding “or” at the end of paragraph (d), by striking out “or” at the end of paragraph (e) and by repealing paragraph (f).
Subsection 227(1) of the Act is replaced by the following:
Special ballotAfter approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall provide a special ballot to every elector whose name is entered in the register.
Paragraph 227(2)(b) of the English version of the Act is replaced by the following:placing the ballot in an inner envelope and sealing it;Paragraphs 227(2)(c) and (d) of the Act are replaced by the following:signing the declaration prescribed by the Chief Electoral Officer; andplacing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it.
Section 229 of the Act is replaced by the following:
Deadline for return of voteThe special ballot must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day in order to be counted.
Sections 231 and 232 of the Act are replaced by the following:
Definition of electorFor the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.
Conditions for voting by special ballotAn elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.Conditions for voting by special ballot — specified later dayIf, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the specified day.RestrictionThe Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.m. on the 6th day before polling day.
Paragraph 233(1)(a) of the English version of the Act is replaced by the following:the elector’s name and the address of his or her place of ordinary residence;Subsection 233(1.1) of the Act is replaced by the following:Electors in dangerAn elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)(a) or (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal the addresses in respect of which the application is made except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.2014, c. 12, s. 59Subsection 233(3) of the Act is repealed.
Section 234 of the Act is repealed.
2014, c. 12, s. 60Sections 236 and 237 of the Act are replaced by the following:
List of electorsOnce an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; andthat there is an indication on the list of electors that the elector has received a special ballot.
Provision of ballotSubject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.Provision of ballot and envelopesIf section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.
2014, c. 12, s. 60Subsections 237.1(3.1) and (3.2) of the Act are repealed.2014, c. 12, s. 60Paragraph 237.1(4)(b) of the Act is replaced by the following:sections 143 to 144;Subsection 237.1(4) of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):subsections 281.6(1) to (4);section 282.2; and
Sections 238 and 239 of the Act are replaced by the following:
Voting by special ballotAn elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).
Receipt of special ballot — application made outside electoral districtIn order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted bysending the sealed outer envelope to the special voting rules administrator by mail or any other means; ordelivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer designates.Receipt of special ballot — application made in electoral districtIn order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.Vote countedDespite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted.
The Act is amended by adding the following after section 241:
No markingIf, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.
Subsection 242(1) of the Act is replaced by the following:
Spoiled ballotIf the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.
Subsection 242(2) of the English version of the Act is replaced by the following:LimitAn elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).
The portion of subsection 243(1) of the Act before paragraph (b) is replaced by the following:
AssistanceWhen an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector bycompleting the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and
Paragraph 243(1)(b) of the English version of the Act is replaced by the following:marking the ballot as directed by the elector in the elector’s presence.Subsection 243(2) of the Act is replaced by the following:Note on declarationAn election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.
The Act is amended by adding the following after section 243:
Assistance by friend or related personIf an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:a friend of the elector;the elector’s spouse or common-law partner; ora relative of the elector or of the elector’s spouse or common-law partner.Solemn declarationA person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or shewill mark the ballot paper in the manner directed by the elector;will not disclose the name of the candidate for whom the elector voted;will not try to influence the elector in choosing a candidate; andhas not, during the current election, assisted another person, as a friend, to mark a ballot.
The portion of subsection 243.1(1) of the Act before paragraph (b) is replaced by the following:
Voting at homeOn application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector bycompleting the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and
Subsection 243.1(2) of the Act is replaced by the following:Note on declarationThe election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.
The Act is amended by adding the following after section 244:
Non-applicationThis Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.
Subsection 245(1) of the Act is replaced by the following:
Entitlement to voteEvery elector is entitled to vote under this Division on the 12th day before polling day.
Section 246 of the Act is replaced by the following:
Designation of coordinating officersThe federal and provincial ministers responsible for correctional institutions shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.
Subsection 247(1) of the Act is replaced by the following:
Notification of issue of the writsWithout delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.
The portion of subsection 247(2) of the Act before paragraph (b) is replaced by the following:Obligations of ministersOn being informed of the issue of the writs, each minister referred to in subsection (1) shallinform their respective designated coordinating officer of their issue;Paragraph 247(2)(c) of the Act is replaced by the following:inform the Chief Electoral Officer and their respective designated coordinating officer of the name and address of each liaison officer.
Subsection 248(2) of the Act is replaced by the following:Duty to cooperateDuring the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.
Subsection 250(2) of the Act is replaced by the following:Voting hoursThe polling stations shall be open on the 12th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.
Subsection 251(1) of the Act is replaced by the following:
Application for registration and special ballotBefore the 12th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).
Subsection 253(1) of the Act is replaced by the following:
Polling stations and election officersBefore the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.
Paragraph 253(2)(a) of the Act is replaced by the following:provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; and
The portion of section 254 of the Act before paragraph (a) is replaced by the following:
Duties of election officerOn the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shall
Section 256 of the Act is replaced by the following:
Representative of registered partyWith the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides an election officer who is assigned to a polling station at the correctional institution with an authorization in the prescribed form signed by a candidate for that party, or a copy of one.
Subsection 257(1) of the Act is replaced by the following:
Declaration of electorBefore delivering a special ballot to an elector, an election officer who is assigned to a polling station at a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to sign the declaration on the outer envelope.
The portion of subsection 257(2) of the Act before paragraph (a) is replaced by the following:Giving special ballot to electorAfter the elector has signed the declaration on the outer envelope, the election officer shall
The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:
Voting by special ballotThe elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding it and, in the presence of the election officer,
Subsection 258(3) of the Act is replaced by the following:Spoiled special ballotIf the special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.
The portion of subsection 259(1) of the Act before paragraph (a) is replaced by the following:
AssistanceIf an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, an election officer who is assigned to the polling station shall assist the elector by
Paragraph 259(1)(b) of the Act is replaced by the following:marking the special ballot as directed by the elector in his or her presence and in the presence of another election officer who is assigned to the polling station.Subsection 259(2) of the Act is replaced by the following:Note on outer envelopeThe election officers shall sign a note on the outer envelope indicating that the elector was assisted.
The portion of section 260 of the Act before paragraph (a) is replaced by the following:
Delivery of documents after the voteWithout delay after the votes have been cast at a correctional institution, an election officer who is assigned to the polling station shall deliver to the liaison officer for the institution
Section 261 of the Act is replaced by the following:
Deadline for return of election materialEvery liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day.
The portion of subsection 267(1) of the Act before paragraph (c) is replaced by the following:
Setting aside of inner envelopeThe special ballot officers shall set aside an inner envelope unopened ifthe information concerning the elector, as set out in the declaration referred to in paragraph 227(2)(c) or subsection 257(1), does not correspond with the information on the application for registration and special ballot;a declaration referred to in paragraph (a) or in section 212 — other than one in respect of an elector who has voted with assistance under section 216, 243 or 259 — does not bear the elector’s signature;
Paragraph 267(1)(c) of the English version of the Act is replaced by the following:the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained;Paragraph 267(1)(d) of the Act is replaced by the following:the outer envelope has been received by the special voting rules administrator in the National Capital Region after 6:00 p.m. on polling day; orSubsection 267(2) of the Act is replaced by the following:Procedure when elector votes more than onceIf, after receiving an elector’s outer envelope but before counting the inner envelopes, the special ballot officers ascertain that the elector has voted more than once, they shall set the elector’s inner envelope aside unopened.The portion of subsection 267(3) of the Act before paragraph (b) is replaced by the following:Disposition of inner envelopes that are set asideWhen an inner envelope is set aside unopened as described in subsection (1) or (2),it shall be endorsed by the special voting rules administrator with the reason why it has been set aside;Paragraph 267(3)(c) of the Act is replaced by the following:in the case of an inner envelope set aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.Subsection 267(4) of the Act is replaced by the following:Envelopes and declarations kept togetherWhen an inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.DisputeIf a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.Special reportThe special voting rules administrator shall prepare a report in respect of the number of inner envelopes that are set aside under this Division.
Paragraphs 272(b) and (c) of the Act are replaced by the following:all other documents and election materials received from commanding officers and election officers;the solemn declarations made under subsection 23(1); and
Sections 273 and 274 of the Act are replaced by the following:
Notification to candidatesThe returning officer shall, as soon as possible, notify the candidates of the names of the election officers who he or she assigns to verify the declarations referred to in paragraph 227(2)(c) and to count the special ballots issued to electors in his or her electoral district and received at his or her office.
Candidate present at countingA candidate or his or her representative may be present for the verification of the declarations referred to in paragraph 227(2)(c) and the counting of ballots received at the returning officer’s office.
Subsection 275(1) of the Act is replaced by the following:
Ballots to be kept sealedThe returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to an election officer referred to in section 273.
Subsection 276(1) of the Act is replaced by the following:
Verification of declarationsThe election officers referred to in section 273 shall verify the declarations made under paragraph 227(2)(c), at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information in the declaration whether the elector is entitled to vote in the electoral district.
Subsection 276(3) of the Act is replaced by the following:Provision of materials to election officerOne of the election officers shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.
The portion of subsection 277(1) of the Act before paragraph (d) is replaced by the following:
Setting aside of inner envelopeAn election officer referred to in section 273 shall set aside an elector’s inner envelope unopened ifthe information concerning the elector, as set out in the elector’s declaration made under paragraph 227(2)(c), does not correspond with the information on the application for registration and special ballot;the declaration — other than one in respect of an elector who has voted with assistance under section 243 or 243.1 — does not bear the elector’s signature;the elector has voted more than once; or
Paragraph 277(1)(d) of the French version of the Act is replaced by the following:l’enveloppe extérieure est reçue après le délai fixé.Subsections 277(2) and (3) of the Act are replaced by the following:Registering objectionsWhen the declarations are verified, an election officer referred to in section 273 shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.Noting of reasons for setting asideWhen an elector’s inner envelope is set aside unopened as described in subsection (1), the election officer who set it aside shall note on it the reasons for the setting aside. The election officer and another election officer referred to in section 273 shall both initial the envelope.Envelopes and declarations kept togetherWhen an elector’s inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.
Section 278 of the Act is replaced by the following:
Counting of inner envelopesThe election officers referred to in section 273 shall count all inner envelopes that have not been set aside.Inner envelopesThey shall put all the inner envelopes that have not been set aside in a ballot box provided by the returning officer.Counting the votesAfter the close of the polling stations, one of the election officers shall open the ballot box and, together with another of the election officers, shall open the inner envelopes and count the votes.
The portion of subsection 279(1) of the Act before paragraph (a) is replaced by the following:
Rejection of ballotsAn election officer shall, in counting the ballots, reject a ballot if
2001, c. 21, s. 15Subsections 279(2) and (3) of the Act are replaced by the following:Elector’s intentAn election officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.Political affiliationAn election officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.
The headings before section 281 and sections 281 and 282 of the Act are replaced by the following:Prohibitions in Relation to Voting
ApplicationThe provisions of this Part apply inside and outside Canada.
Chief Electoral OfficerThe Chief Electoral Officer shall not vote at an election.
Inducing Chief Electoral Officer to voteNo person shall induce or attempt to induce the Chief Electoral Officer to vote at an election knowing that it is the Chief Electoral Officer whom he or she is inducing or attempting to induce to vote and that the Chief Electoral Officer is prohibited from voting.
Not qualified as electorNo person shallvote or attempt to vote at an election knowing that he or sheis not a Canadian citizen when he or she votes, oris not 18 years of age or older — or will not be 18 years of age or older — on polling day; orinduce or attempt to induce another person to vote at an election knowing that the other personis not a Canadian citizen — or will not be a Canadian citizen — when he or she votes, oris not 18 years of age or older — or will not be 18 years of age or older — on polling day.
Not ordinarily resident in electoral districtNo person shallvote or attempt to vote at an election in a particular electoral district knowing that his or her place of ordinary residence is not in that electoral district; orinduce or attempt to induce another person to vote at an election in a particular electoral district knowing that the other person’s place of ordinary residence is not in that electoral district.
Voting more than once — general electionNo person who has voted in a general election shall vote again, or attempt to vote again, in that general election.Voting more than once — by-electionNo person who has voted in a by-election shall vote again, or attempt to vote again, at that by-election or at any other by-election that is held on the same day.
Secrecy of the voteEvery person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.Attempting to obtain information about elector’s voteExcept as provided by this Act, no person shall, in a polling station, attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted.Secrecy at the pollExcept as provided by this Act, no person shallon entering the polling station and before receiving a ballot or special ballot, openly declare for whom he or she intends to vote;while in the polling station, show his or her ballot or special ballot, when marked, so as to allow the name of the candidate for whom he or she has voted to be seen; orbefore leaving the polling station, openly declare for whom he or she has voted.Secrecy — marked ballotNo person who has seen a ballot or special ballot that has been marked by an elector shall disclose information as to how it was marked unless he or she is the elector who marked it or he or she has been authorized to make the disclosure by the elector who marked it.Secrecy — counting of the votesNo person shall, at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.
BallotsNo person shallrequest or apply for a ballot or special ballot in a name that is not his or her own;vote using a forged ballot or forged special ballot;request or apply for a ballot or special ballot to which he or she is not entitled;provide a ballot or special ballot to any person when not authorized under this Act to do so;have a ballot or special ballot in his or her possession when not authorized under this Act to do so;alter, deface or destroy a ballot, the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;put or cause to be put into a ballot box a ballot, special ballot or other paper otherwise than as provided by this Act or by instructions of the Chief Electoral Officer;take a ballot out of the polling station or the office of the returning officer otherwise than as provided by this Act or by instructions of the Chief Electoral Officer; ordestroy, take, open or otherwise interfere with a ballot box or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.Ballots — election officerNo election officer shallwith the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; orplace on a ballot or special ballot any writing, number or mark with intent that the elector to whom the ballot or special ballot is to be given, or has been given, can be identified.Special ballots — unit election officerNo unit election officer shall place on a special ballot any writing, number or mark with intent that the elector to whom the special ballot is to be given, or has been given, can be identified.
Photograph, video or copy of marked ballotNo person shalltake a photograph or make a video recording of a ballot or special ballot that has been marked, at an election, by an elector;make a copy, in any manner, of any ballot or special ballot that has been marked, at an election, by an elector; ordistribute or show, in any manner, to one or more persons, a photograph, video recording or copy of a ballot or special ballot that has been marked, at an election, by an elector.Exception — persons with visual impairmentSubsection (1) does not apply to any person with a visual impairment who takes a photograph or makes a video recording or copy of a ballot or special ballot that he or she has marked for the purpose of verifying the accuracy of their marking.Exception — legal proceedingsSubsection (1) does not apply to a person who does anything referred to in that subsection for the purpose of a recount under Part 14 or for the purpose of any other legal proceeding.
False statementNo person shallmake a false statement in an application for registration and special ballot; ormake a false statement in a declaration signed by him or her before an election officer or unit election officer.
Person who assists elector — limitAt an election, no person shall, as a friend, assist under section 155 or 243.01, more than one elector for the purpose of marking a ballot.Person who assists elector — secrecyNo person who assists an elector under section 155 or 243.01 shall, directly or indirectly, disclose the name of the candidate for whom the elector voted or that candidate’s political affiliation.
Vouching for more than one personNo person shall vouch for more than one person at an election, except in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01).Voucher not qualified as elector, etc.No person shall vouch for another person ifthe person who vouches is not qualified as an elector;the person who vouches does not personally know the other person; orthe person who vouches does not reside in a polling division assigned to the same polling station as the polling division in which the other person resides or, in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01), in a polling division in the other person’s electoral district or an adjacent electoral district.Vouchee acting as voucherNo person who has been vouched for at an election shall vouch for another person at that election.
Influencing electorsNo person shall, in a polling station or in any place where voting at an election is taking place, influence or attempt to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.
Influencing electors — election officers and staff of returning officersSubject to section 141, no election officer, unit election officer or member of the staff of a returning officer shall, while exercising their powers or performing their duties, influence or attempt to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.
Undue influence by foreignersNo person or entity referred to in any of paragraphs (a) to (e) shall, during an election period, unduly influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election:an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and who does not reside in Canada;a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election;a trade union that does not hold bargaining rights for employees in Canada;a foreign political party; ora foreign government or an agent or mandatary of a foreign government.Meaning of unduly influencingFor the purposes of subsection (1), a person or entity unduly influences an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election ifthey knowingly incur any expense to directly promote or oppose a candidate in that election, a registered party that has endorsed a candidate in that election or the leader of such a registered party;one of the things done by them to influence the elector is an offence under an Act of Parliament or a regulation made under any such Act, or under an Act of the legislature of a province or a regulation made under any such Act.ExceptionsFor greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the elector to vote or refrain from voting, or to vote or refrain from voting for the particular candidate or registered party, consists ofan expression of their opinion about the outcome or desired outcome of the election;a statement by them that encourages the elector to vote or refrain from voting for any candidate or registered party in the election; orthe transmission to the public through broadcasting, or through electronic or print media, of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, regardless of the expense incurred in doing so, if no contravention of subsection 330(1) or (2) is involved in the transmission.CollusionNo person or entity shall act in collusion with a person or entity to whom subsection (1) applies for the purpose of contravening that subsection.Selling advertising spaceNo person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit an election advertising message or to cause an election advertising message to be transmitted.
Interfering with marking of ballotNo person shall interfere with, or attempt to interfere with, an elector who is marking a ballot or special ballot.
Preventing elector from votingNo person shall prevent or attempt to prevent an elector from voting at an election.
Offering bribeNo person shall, during an election period, directly or indirectly, offer a bribe to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.Accepting bribeNo person shall, during an election period, accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.
Intimidation, etc.No person shallby intimidation or duress, compel or attempt to compel a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election; orby any pretence or contrivance, including by representing that the ballot or special ballot or the manner of voting at an election is not secret, influence or attempt to influence a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.
2014, c. 12, s. 61(1)Subsections 283(1) and (2) of the Act are replaced by the following:
Counting the votesImmediately after the close of a polling station, an election officer who is assigned to the polling station shall count the votes in the presence ofanother election officer who is assigned to the polling station; andany candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.Tally sheetsOne of those election officers shall supply all the persons referred to in paragraph (1)(b) who are present and who request one with a tally sheet to keep their own score of the voting.
2014, c. 12, s. 61(2)The portion of subsection 283(3) of the Act before paragraph (b) is replaced by the following:Steps to followThe election officer who counts the votes shall, in the following order,count the number of electors who voted, 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 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;2014, c. 12, s. 61(3)Paragraph 283(3)(d) of the English version of the Act is replaced by the following:total the number of electors indicated under paragraph (a) who voted 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;Paragraph 283(3)(f) of the Act is replaced by the following:examine each ballot, show the ballot to each person who is present, and ask the election officer referred to in paragraph (1)(a) to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.
The portion of subsection 284(1) of the Act before paragraph (a) is replaced by the following:
Rejection of ballotsIn examining the ballots, the election officer who counts the votes shall reject one
Subsections 284(2) and (3) of the Act are replaced by the following:LimitationNo ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.Counterfoils remaining attachedIf a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.
Sections 285 and 286 of the Act are replaced by the following:
Ballots not initialled by election officerIf the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).
Objections to ballotsOne of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it.Decision of election officerEvery question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1).
Subsection 287(1) of the Act is replaced by the following:
Statement of voteThe election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose.
Subsection 287(2) of the English version of the Act is replaced by the following:Copies of statement of voteThe election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count.
Subsections 288(1) and (2) of the Act are replaced by the following:
Marked ballotsOne of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them.Rejected ballotsOne of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.
The portion of subsection 288(3) of the Act before paragraph (a) is replaced by the following:Documents enclosed in large envelopeOne of the election officers shall seal in a large envelope supplied for the purposeSubsection 288(5) of the English version of the Act is replaced by the following:Sealing ballot boxThe ballot box shall be sealed with the seals provided by the Chief Electoral Officer.
2014, c. 12, s. 62Sections 288.01 and 288.1 of the Act are replaced by the following:
Solemn declarationsOne of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made 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 votedOne of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.
Subsection 289(1) of the Act is replaced by the following:
Counting of votes on polling dayAt least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.
2014, c. 12, s. 63Paragraph 289(2)(a) of the Act is replaced by the following:for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; andSubsection 289(3) of the Act is replaced by the following:ProhibitionSubject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.ExceptionThe two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day ifthe returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;the counting is done in accordance with the Chief Electoral Officer’s instructions;the counting is done in a manner that ensures the integrity of the vote; andthe counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.
2014, c. 12, s. 64Section 290 of the Act is replaced by the following:
Sending ballot boxes and envelopes to returning officerAn election officer who is assigned to a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer 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 an election officer who is assigned to a polling station, the envelope referred to in section 288.1.
2014, c. 12, s. 66Section 292.1 of the Act is replaced by the following:
List of persons who made solemn declarationA 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 made a solemn declaration 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.
Paragraphs 296(2)(b) and (c) of the Act are replaced by the following:for ascertaining the total number of votes under paragraph (a), may summon any election officer or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; andmay question the election officer or other person respecting the matter in question and, if necessary, ask them to make a solemn declaration in respect of the matter.
Section 301 of the Act is amended by adding the following after subsection (1):Notice to candidatesThe returning officer shall notify each candidate or his or her official agent in writing of the application for a recount.The portion of subsection 301(2) of the French version of the Act before paragraph (a) is replaced by the following:Motifs du dépouillementLe juge fixe la date du dépouillement s’il appert, d’après l’affidavit d’un témoin digne de foi, que l’une ou l’autre des situations suivantes existe :Paragraph 301(2)(a) of the Act is replaced by the following:an election officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or
Subsection 304(1) of the Act is replaced by the following:
Recount procedureThe judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer.
2014, c. 12, s. 69Subsection 304(3) of the Act is replaced by the following:Procedure for certain recountsIn the case of a recount conducted by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.Subsection 304(5) of the Act is replaced by the following:Additional powers of judgeFor the purpose of conducting a recount, a judge has the power to summon any election officer as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.
2014, c. 12, s. 70Section 308 of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:return to the returning officer the election documents or election materials brought under subsection 300(4) or 301(4) for the purpose of the recount; anddeliver to the returning officer the reports created in the course of the recount.
Subsection 311(2) of the French version of the Act is replaced by the following:Requête appuyée par un affidavitLa requête peut être appuyée par un affidavit, qu’il n’est pas nécessaire d’intituler d’aucune manière, exposant les faits qui se rattachent au défaut de conformité.Subsection 311(4) of the French version of the Act is replaced by the following:Production des affidavitsLe juge visé ou toute partie intéressée peuvent déposer au bureau du greffier, du registraire ou du protonotaire du tribunal du juge auquel la requête a été présentée des affidavits en réponse à ceux que le requérant a produits; sur demande, ils en fournissent des copies au requérant.
Paragraph 314(1)(a) of the Act is replaced by the following:a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from election officers;Paragraph 314(1)(c) of the Act is replaced by the following:all other documents that were used at the election, including documents prepared under paragraph 162(i.1).
2014, c. 12, s. 72The definitions election advertising and election survey in section 319 of the Act are repealed.Section 319 of the Act is amended by adding the following in alphabetical order:online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. (plateforme en ligne)
Section 321 of the Act is repealed.
Subsection 323(1) of the Act is replaced by the following:
Blackout periodNo person shall transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.
The Act is amended by adding the following after section 325:Online Platforms
Online platforms that are subject to requirementsThis section and section 325.2 apply to any online platform that, in the 12 months before the first day of the pre-election period, in the case of the publication on the platform of a partisan advertising message, or the 12 months before the first day of the election period, in the case of the publication on the platform of an election advertising message, was visited or used by Internet users in Canada an average of at least the following numbers of times per month:3,000,000 times, if the content of the online platform is available mainly in English;1,000,000 times, if the content of the online platform is available mainly in French; or100,000 times, if the content of the online platform is available mainly in a language other than English or French.Registry of partisan advertising messages and election advertising messagesThe owner or operator of an online platform that sells, directly or indirectly, advertising space to the following persons and groups shall publish on the platform a registry of the persons’ and groups’ partisan advertising messages and election advertising messages published on the platform during that period:a registered party or eligible party;a registered association;a nomination contestant;a potential candidate or a candidate; ora third party that is required to register under subsection 349.6(1) or 353(1).Information to be included in registryThe registry referred to in subsection (2) shall include the following:an electronic copy of each partisan advertising message and each election advertising message published on the platform; andfor each advertising message referred to in paragraph (a), the name of the person who authorized the advertising message’s publication on the platform, namelya registered agent of the registered party or eligible party, in the case of an advertising message whose publication was requested by a registered party or eligible party,the financial agent of the registered association, in the case of an advertising message whose publication was requested by a registered association,the financial agent of the nomination contest­ant, in the case of an advertising message whose publication was requested by a nomination contest­ant,the official agent of the potential candidate or candidate, in the case of an advertising message whose publication was requested by a potential candidate or a candidate, andthe financial agent of the registered third party, in the case of an advertising message whose publication was requested by a registered third party.Publication period of registryThe owner or operator of the online platform shall publish in the registry referred to in subsection (2) the information referred to in subsection (3) for each partisan advertising message and each election advertising message during the following periods:in the case of a partisan advertising message, during the period that begins on the day on which the online platform first publishes the advertising message and ends two years afterthe end of the election period of the general election immediately following the pre-election period, orthe day referred to in paragraph (b) of the def­inition pre-election period if there is no general election immediately following the pre-election per­iod; andin the case of an election advertising message, during the period that begins on the first day on which the online platform publishes such an advertising message and ends two years after the end of the election period.Information to be kept after publication periodThe owner or operator of the online platform shall keep the information that was included in the registry referred to in subsection (2) in respect of each partisan advertising message and each election advertising message for five years after the end of the applicable publication period referred to in subsection (4).
Information to be provided by advertiserA person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2).
The heading before section 326 of the English version of the Act is replaced by the following:Election Surveys
Subsection 326(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):the address of the Internet site on which a report referred to in subsection (3) is published.Subsection 326(2) of the Act is replaced by the following:Additional information — published surveysIn addition to the information referred to in subsection (1), in the case of a transmission to the public by means other than broadcasting, the wording of the survey questions in respect of which data is obtained must be provided.Notice of transmission of survey resultsThe first person who transmits to the public the results of an election survey — other than a survey that is described in section 327 — shall, if that person is not the sponsor of the survey, ensure that the sponsor of the survey has been notified, before the transmission, of the date on which the results are to be transmitted.The portion of subsection 326(3) of the Act before paragraph (a) is replaced by the following:Report on survey resultsA sponsor of an election survey — other than a survey that is described in section 327 — shall, during an election period, ensure that a report on the results of the survey is published and remains for the remainder of that period on an Internet site that is available to the public. The sponsor shall do so before transmitting the results of the survey, if they are the first person to transmit them or, if they are not, as soon as feasible after being notified of the date of transmission under subsection (2.1), and the report shall include the following, as applicable:Subsection 326(4) of the Act is repealed.
Subsection 328(1) of the Act is replaced by the following:
Prohibition — causing transmission of election survey results during blackout periodNo person shall cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.
Subsection 330(1) of the Act is replaced by the following:
Prohibition — use of broadcasting station outside CanadaNo person shall, with intent to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election, use a broadcasting station outside Canada, or aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election.ExceptionSubsection (1) does not apply in respect of any matter that is broadcast if the broadcasting signals originated in Canada.
2001, c. 27, s. 211Section 331 of the Act and the heading before it are repealed.
2014, c. 12, s. 76Paragraph 348.06(2)(b) of the English version of the Act is replaced by the following:the name of the person or group that is a party to the agreement;Subsection 348.06(2) of the Act is amended by adding the following after paragraph (b):the name of the person or group on whose behalf calls will be made under the agreement; and
2014, c. 12, s. 76Paragraph 348.07(2)(b) of the English version of the Act is replaced by the following:the name of the person or group that is a party to the agreement;Subsection 348.07(2) of the Act is amended by adding the following after paragraph (b):the name of the person or group on whose behalf calls will be made under the agreement; and
2014, c. 12, s. 76Section 348.12 of the Act is replaced by the following:
PublicationAs soon as feasible but no later than 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.ClarificationNothing in subsection (1) precludes the Canadian Radio-television and Telecommunications Commission from publishing, before polling day, any registration notice filed with it or any information related to any incomplete registration notice that is filed with it.
2014, c. 12, s. 77The heading of Division 2 of Part 16.1 of the Act is replaced by the following:Scripts, Recordings and Lists of Telephone Numbers
Section 348.16 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):a list of every telephone number called under the agreement during the election period.
Section 348.17 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):a list of every telephone number called under the agreement during the election period.
2014, c. 12, s. 77Sections 348.18 and 348.19 of the Act are replaced by the following:
Person or group — internal servicesIf, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the person or group shall keep, for one year after the end of the election period,a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed; anda list of every telephone number called for that purpose during the election period.
Third party that is corporation or group — internal servicesIf, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the third party shall, if a script is used, keep, for one year after the end of the election period,a copy of each unique script used and a record of every date on which the script was used; anda list of every telephone number called for that purpose during the election period.
The heading of Part 17 of the Act is replaced by the following:Third Party Advertising, Partisan Activities and Election SurveysInterpretation
The definitions election advertising and election advertising expense in section 349 of the Act are repealed.The definition third party in section 349 of the Act is replaced by the following:third party meansin Division 0.1, a person or a group other thanduring an election period, a candidate, a registered party or an electoral district association of a registered party, andoutside of an election period,a registered party or eligible party or a registered association,a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), ora nomination contestant;in Division 1, a person or a group other thana registered party or eligible party or a registered association,a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), ora nomination contestant; andin Division 2, a person or a group other than a candidate, a registered party or an electoral district association of a registered party. (tiers)Section 349 of the Act is amended by adding the following in alphabetical order:election survey means an election survey that is conducted by, or caused to be conducted by, a third party — a person or group other than a political party that is registered under an Act of a province — during a pre-election period or an election period and whose results the person or group takes into accountin deciding whether or not to organize and carry out partisan activities or to transmit partisan advertising messages or election advertising messages; orin their organization and carrying out of those activities or their transmission of those messages. (sondage électoral)election survey expense means an expense incurred in respect of the conducting of an election surveyin Division 1, during a pre-election period;in Division 2, during an election period; andin Division 3, during either a pre-election period or an election period. (dépenses de sondage électoral)partisan activity means an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party — a person or group other than a political party that is registered under an Act of a province — and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate 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. It does not include election advertising, partisan advertising or a fundraising activity. (activité partisane)partisan activity expense means an expense incurred in respect of the organization and carrying out of a partisan activity. (dépenses d’activité partisane)registered third party means a third party that is registered under section 349.6 or 353. (tiers enregistré)
The Act is amended by adding the following after section 349:Prohibition on Use of Foreign Funds by Third Parties
DefinitionsThe following definitions apply in this Div­ision.advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate 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 includethe transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;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;the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; orthe making of telephone calls to electors only to encourage them to vote. (publicité)foreign entity includes an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;a trade union that does not hold bargaining rights for employees in Canada;a foreign political party; ora foreign government or an agent or mandatary of one. (entité étrangère)Definition of advertisingFor the purposes of the definition advertising, promoting or opposing includesin relation to a registered party or eligible party,naming it,identifying it, including by its logo, andproviding a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); andin relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,naming him or her,showing a photograph, cartoon or drawing of him or her,identifying him or her, including by political affiliation or by any logo that he or she has, andproviding a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).
Prohibition — use of foreign fundsNo third party shall use funds for a partisan activity, for advertising or for an election survey if the source of the funds is a foreign entity.
Prohibition — circumventing prohibition on use of foreign fundsNo third party shallcircumvent, or attempt to circumvent, the prohibition under section 349.02; oract in collusion with another person or entity for that purpose.
Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period
Maximum pre-election period expensesSubject to section 349.4, a third party shall not incur the following expenses in an aggregate amount of more than $700,000:partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.Maximum pre-election period expenses — electoral districtNot more than $7,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more potential candidates or nomination contestants in a given electoral district.Expenses — party leaderThe maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.Third party inflation adjustment factorThe amounts referred to in subsections (1) and (2) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.
Prohibition — circumventing maximum amountA third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 349.1 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, partisan advertising expenses and election survey expenses exceed the maximum amount.
Prohibition — collusion with registered partyNo third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.Prohibition — collusion with potential candidateNo third party and no potential candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.Prohibition — collusion with associated personNo third party and no person associated with a potential candidate’s activities undertaken with a view to the potential candidate’s eventual election — including an official agent of a potential candidate who is deemed to be a candidate under section 477 — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.
Prohibition — spending by foreign third partiesA foreign third party shall not incur the following expenses:partisan activity expenses in relation to a partisan activity that is carried out during a pre-election period;partisan advertising expenses in relation to a partisan advertising message that is transmitted during that period; andelection survey expenses in relation to an election survey that is conducted during that period.Definition of foreign third partyIn subsection (1), a foreign third party is a third party in respect of whichif the third party is an individual, the individualis not a Canadian citizen,is not a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, anddoes not reside in Canada;if the third party is a corporation or entity,it does not carry on business in Canada, or its only activity carried on in Canada during a pre-election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the following election, andit was incorporated, formed or otherwise organized outside Canada; andif the third party is a group, no person who is responsible for the groupis a Canadian citizen,is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orresides in Canada.
Advertising to name third partyA third party shall include — in a manner that is clearly visible or otherwise accessible — in any partisan advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.
Registration requirement for third partiesA third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.However, the third party may not register before the beginning of the pre-election period.Application for registrationAn application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall includeif the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration thatthey are a Canadian citizen,they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orthey reside in Canada;if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration thatthey are a Canadian citizen,they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orthey reside in Canada;the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; andthe name, address and telephone number of the third party’s financial agent.Declaration of financial agent to accompany applicationAn application under subsection (2) shall be accompanied by a declaration signed by the financial agent accepting the appointment.New financial agentIf a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.Trade union or corporationIf the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, partisan advertising expenses and election survey expenses.Examination of applicationThe Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.Application rejectedA third party may not be registered under a name that, in the Chief Electoral Officer’s opinion, is likely to be confused with the name of a registered party or eligible party, a potential candidate, a nomination contestant, a candidate, a leadership contestant, a leader of a registered party or eligible party or a registered third party.Registration endsSubject to subsection 353(1.1), the registration of a third party is valid only for the pre-election period during which the application is made, but the third party continues to be subject to this Part.
Appointment of financial agentA third party that is required to register under subsection 349.6(1) shall appoint a financial agent, who may be a person who is authorized to sign an application for registration made under that subsection.Financial agent — ineligible personsThe following persons are not eligible to be a financial agent of a third party:an election officer or a member of the staff of a returning officer;a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;the chief agent of a registered party or eligible party;a registered agent of a registered party;a nomination contestant or their financial agent;a leadership contestant or their leadership campaign agent; anda person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
Requirement to appoint auditorA third party that is required to register under subsection 349.6(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.Eligibility criteriaThe following are eligible to be an auditor for a third party:a person who is a member in good standing of a corporation, an association or an institute of professional accountants; ora partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.Auditor — ineligible personsThe following persons are not eligible to be an auditor for a third party:the third party’s financial agent;a person who signed the application made under subsection 349.6(2);an election officer or a member of the staff of a returning officer;a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;the chief agent of a registered party or eligible party;a registered agent of a registered party;a nomination contestant or their financial agent; anda leadership contestant or their leadership campaign agent.Notification of appointmentEvery third party, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a declaration signed by the auditor accepting the appointment.New auditorIf a third party’s auditor is replaced, it shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a declaration signed by the new auditor accepting the appointment.
Responsibilities of financial agentEvery contribution made during a pre-election period to a registered third party for partisan activity, partisan advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, partisan advertising expense or election survey expense incurred during a pre-election period on behalf of a registered third party shall be authorized by its financial agent.DelegationA financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, partisan advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.
Interim third-party expenses returnEvery third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer within 5 days after the day on which it became required to be registered in accordance with that subsection, if the third partyhas incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the day on which it became required to be registered in accordance with subsection 349.6(1); orhas received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).Contents of returnThe interim third-party expenses return shall containa list of partisan activity expenses referred to in subsection 349.1(2) incurred during the period referred to in paragraph (1)(a) and the date and place of the partisan activities to which the expenses relate;a list of partisan advertising expenses referred to in subsection 349.1(2) incurred during that period and the date and place of the transmission of the partisan advertising messages to which the expenses relate;a list of election survey expenses referred to in subsection 349.1(2) incurred during that period and the date of the election surveys to which the expenses relate; anda list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) incurred during that period — other than those referred to in paragraphs (a) to (c) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate.When no expensesIf a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.ContributionsThe interim third-party expenses return shall includethe amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(a);subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(a), their name, address and class, and the amount and date of each contribution;in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; andthe amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(a) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.ExceptionsThe interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed under subsection 359(1) in respect ofa by-election that was held after the general election referred to in paragraph (1)(a); ora general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).LoansFor the purpose of subsection (4), a contribution includes a loan.CategoriesFor the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:individuals;businesses;commercial organizations;governments;trade unions;corporations without share capital other than trade unions; andunincorporated organizations or associations other than trade unions.Names to be providedIf the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.DeclarationThe interim third-party expenses return shall include a declaration that the return is accurate signed bythe third party’s financial agent; andif different from the financial agent, the person who signed the application made under subsection 349.6(2).Supporting documentsA third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.
Interim third-party expenses returnEvery third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on September 15, if the third partyhas incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the earlier of September 14 and the last day of the pre-election period; orhas received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).Section 349.91 appliesSubsections 349.91(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(a) of section 349.91 shall be read as a reference to the period referred to in paragraph (1)(a) of this section.ExceptionIn addition to the exceptions set out in subsection 349.91(5), the interim third-party expenses return need not include any information referred to in subsections 349.91(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 349.91(1).ApplicationThis section applies only in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2.
Prohibition — false, misleading or incomplete returnNo third party shall file under subsection 349.91(1) or 349.92(1) an interim third-party expenses return thatthe third party knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under section 349.91 or 349.92, as the case may be.
Prohibition — use of certain contributionsNo third party shall use a contribution made for partisan activity, partisan advertising or election survey purposes for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 349.91(7) the contributor falls:a partisan activity that is carried out during a pre-election period;a partisan advertising message that is transmitted during that period; andan election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit partisan advertising messages during that period.
Partisan Activities, Election Advertising and Election Surveys During Election Period
2014, c. 12, ss. 78(1) and (2)Subsections 350(1) to (4.1) of the Act are replaced by the following:
Maximum election period expensesSubject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $350,000:partisan activity expenses in relation to partisan activities that are carried out during the election period of a general election;election advertising expenses in relation to election advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.Maximum election period expenses — electoral districtNot more than $3,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district.Expenses — party leaderThe maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.Maximum election period expenses — by-electionSubject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $3,000 in a given electoral district:partisan activity expenses in relation to partisan activities that are carried out during the election period of a by-election;election advertising expenses in relation to election advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.Uncancellable spendingIn the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, or of a by-election, a third party is deemed not to have incurred a partisan activity expense, an election advertising expense or an election survey expense if, on the issue of the writ or writs, it is not able to cancel the activity, the transmission of the advertising message or the survey, as the case may be, that the expense is in relation to.
2014, c. 12, s. 78(2)Subsection 350(5) of the French version of the Act is replaced by the following:IndexationLes sommes visées aux paragraphes (1), (2) et (4) sont multipliées par le facteur d’ajustement à l’inflation visé à l’article 384, applicable à la date de délivrance du ou des brefs.2014, c. 12, s. 78(2)Subsection 350(6) of the Act is repealed.
2014, c. 12, s. 78.1Sections 351 to 352 of the Act are replaced by the following:
Prohibition — circumventing maximum amountA third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, election advertising expenses and election survey expenses exceed the maximum amount.
Prohibition — collusion with registered partyNo third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.Prohibition — collusion with candidateNo third party and no candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.Prohibition — collusion with associated personNo third party and no person associated with a candidate’s campaign — including a candidate’s official agent — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.
Prohibition — spending by foreign third partiesA foreign third party shall not incur the following expenses:partisan activity expenses in relation to a partisan activity that is carried out during an election period;election advertising expenses in relation to an election advertising message that is transmitted during that period; andelection survey expenses in relation to an election survey that is conducted during that period.Definition of foreign third partyIn subsection (1), a foreign third party is a third party in respect of whichif the third party is an individual, the individualis not a Canadian citizen,is not a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, anddoes not reside in Canada;if the third party is a corporation or entity,it does not carry on business in Canada, or its primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election, andit was incorporated, formed or otherwise organized outside Canada; andif the third party is a group, no person who is responsible for the groupis a Canadian citizen,is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orresides in Canada.
Advertising to name third partyA third party shall include — in a manner that is clearly visible or otherwise accessible — in any election advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.
2014, c. 12, s. 79(1)Subsection 353(1) of the Act is replaced by the following:
Registration requirement for third partiesA third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:partisan activity expenses in relation to partisan activities that are carried out during an election period;election advertising expenses in relation to election advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.However, the third party may not register before the issue of the writ.Exception — deemed registrationA third party that registered under subsection 349.6(1) during a pre-election period that ends the day before the day of the issue of the writ and that is also required to register under subsection (1) is deemed to be registered under that subsection (1).
2014, c. 12, s. 79(2)Paragraphs 353(2)(a) to (c) of the Act are replaced by the following:if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration thatthey are a Canadian citizen,they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orthey reside in Canada;if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration thatthey are a Canadian citizen,they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orthey reside in Canada;the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; andSubsection 353(5) of the Act is replaced by the following:Trade union or corporationIf the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, election advertising expenses and election survey expenses.Subsection 353(8) of the Act is replaced by the following:Registration endsThe registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file a third-party expenses return under subsection 359(1).
Subsection 354(1) of the French version of the Act is replaced by the following:
Nomination d’un agent financierLe tiers tenu de s’enregistrer en application du paragraphe 353(1) doit nommer un agent financier; celui-ci peut être la personne autorisée à signer la demande d’enregistrement visée à ce paragraphe.
Section 354 of the Act is amended by adding the following after subsection (1):Exception — deemed appointmentIf, at the end of the pre-election period before a general election referred to in paragraph 353(1)(a), a third party has a financial agent who was appointed under subsection 349.7(1), the financial agent is deemed to have been appointed under subsection (1).Paragraph 354(2)(c) of the English version of the Act is replaced by the following:an election officer or a member of the staff of a returning officer; and
Subsection 355(1) of the Act is replaced by the following:
Requirement to appoint auditorA third party that is required to register under subsection 353(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:partisan activity expenses in respect of partisan activities that take place during an election period;election advertising expenses in respect of election advertising messages that are transmitted during that period; andelection survey expenses in relation to that period.Exception — deemed appointmentIf, when the obligation under subsection (1) to appoint an auditor applies, a third party has an auditor who was appointed under subsection 349.8(1), the auditor is deemed to have been appointed under subsection (1).
Paragraph 355(3)(c) of the Act is replaced by the following:an election officer or a member of the staff of a returning officer;
Section 356 of the Act is repealed.
Subsection 357(1) of the Act is replaced by the following:
Responsibilities of financial agentEvery contribution made during an election period to a registered third party for partisan activity, election advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, election advertising expense and election survey expense incurred during an election period on behalf of a registered third party shall be authorized by its financial agent.
Subsection 357(2) of the English version of the Act is replaced by the following:DelegationA financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, election advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.Subsection 357(3) of the Act is repealed.
The Act is amended by adding the following after section 357:
Interim third party expenses returnEvery third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 21st day before polling day, if the third partywas required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before polling day; orhas received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).Contents of returnThe interim third-party expenses return shall containin the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, anda list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate; andin the case of any general election,a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, anda list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.When no expensesIf a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.ContributionsThe interim third-party expenses return shall includethe amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution;in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; andthe amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(b) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.ExceptionsThe interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filedunder subsection 359(1) in respect ofa by-election that was held after the general election referred to in paragraph (1)(b), ora general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1); orunder subsection 349.91(1) or 349.92(1).LoansFor the purpose of subsection (4), a contribution includes a loan.CategoriesFor the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:individuals;businesses;commercial organizations;governments;trade unions;corporations without share capital other than trade unions; andunincorporated organizations or associations other than trade unions.Names to be providedIf the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(b) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.DeclarationThe interim third-party expenses return shall include a declaration that the return is accurate signed bythe third party’s financial agent; andif different from the financial agent, the person who signed the application made under subsection 349.6(2) or 353(2), as the case may be.Supporting documentsA third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.
Interim third-party expenses returnEvery third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 7th day before polling day, if the third partywas required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 9th day before polling day; orhas received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).Section 357.01 appliesSubsections 357.01(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(b) of section 357.01 shall be read as a reference to the period referred to in paragraph (1)(b) of this section.ExceptionIn addition to the exceptions set out in subsection 357.01(5), the interim third-party expenses return need not include any information referred to in subsections 357.01(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 357.01(1).
Prohibition — false, misleading or incomplete returnNo third party shall file under subsection 357.01(1) or 357.02(1) an interim third-party expenses return thatthe third party knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under section 357.01 or 357.02, as the case may be.
Prohibition — use of certain contributionsNo third party shall use a contribution for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) the contributor falls:a partisan activity that is carried out during an election period;an election advertising message that is transmitted during that period; andan election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit election advertising messages during that period.
2001, c. 27, s. 213Section 358 of the Act is repealed.
The Act is amended by adding the following after section 358:Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns
Bank accountA third party that is required to register under subsection 349.6(1) — or under subsection 353(1), if it was not required to register under subsection 349.6(1) — shall open a separate bank account for the sole purpose of its partisan activities that are carried out or to be carried out during a pre-election period or an election period, partisan advertising, election advertising and election surveys.Financial institutionThe account shall be in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.Payments and receiptsAll of the third party’s financial transactions in relation to its partisan activities referred to in subsection (1), partisan advertising, election advertising and election surveys that involve the payment or receipt of money are to be paid from or deposited to the account.Closure of bank accountAfter polling day, the third party shall close the account once all unpaid claims and any outstanding balance have been dealt with.Final statement of bank accountThe third party shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.
Registry of third partiesThe Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of registered third parties in which is recorded, in relation to each one, the information referred to in subsections 349.6(2), 349.8(4) and (5), 353(2) and 355(4) and (5).
2001, c. 21, ss. 20(1), (2)(E) and (3)Subsections 359(1) to (3) of the Act are replaced by the following:
Third-party expenses returnEvery third party that is required to be registered in accordance with subsection 349.6(1) or 353(1) shall file a third-party expenses return in the prescribed form with the Chief Electoral Officer within four months after polling day.Contents of returnThe third-party expenses return shall containin the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, anda list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate;in the case of any general election,a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, anda list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate; andin the case of a by-election, a list of partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(4) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.When no expensesIf a third party has not incurred expenses referred to in paragraph (2)(a), (b) or (c), that fact shall be indicated in its third-party expenses return.
The portion of subsection 359(4) of the Act before paragraph (b.1) is replaced by the following:ContributionsThe third-party expenses return shall includethe amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on that polling day referred to in that subsection;subject to paragraph (b.1), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a), their name, address and class, and the amount and date of each contribution;Paragraph 359(4)(c) of the Act is replaced by the following:the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.Section 359 of the Act is amended by adding the following after subsection (4):ExceptionsThe third-party expenses return need not include any information referred to in subsection (4) that was included in a third-party expenses return that the third party previously filed under subsection (1) in respect ofa by-election that was held after the general election referred to in paragraph (4)(a); ora general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).Paragraph 359(6)(g) of the French version of the Act is replaced by the following:organismes ou associations non constitués en personne morale autres que les syndicats.Subsections 359(7) to (9) of the Act are replaced by the following:Names to be providedIf the third party is unable to identify which contributions were received during the period referred to in paragraph (4)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the third-party expenses return shall include, subject to paragraph (4)(b.1), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.DeclarationA third-party expenses return shall include a declaration that the return is accurate signed bythe third party’s financial agent; andif different from the financial agent, the person who signed the application made under subsection 353(2) or — if subsection 353(1.1) applies — 349.6(2).Supporting documentsA third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.
The Act is amended by adding the following after section 359:
Prohibition — false, misleading or incomplete documentNo third party shall file under subsection 359(1) a third-party expenses return thatthe third party knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under section 359.
Subsections 360(1) and (2) of the Act are replaced by the following:
Auditor’s reportIf a third party incurs partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses in an aggregate amount of $10,000 or more, its third-party expenses return filed under subsection 359(1) shall include a report made under subsection (2).Auditor’s reportThe third party’s auditor shall report on the third-party expenses return and shall make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the accounting records on which it is based.
Paragraph 360(3)(a) of the Act is replaced by the following:the third-party expenses return that is the subject of the report does not present fairly the information contained in the accounting records on which it is based;Subsection 360(4) of the Act is replaced by the following:Right of accessThe auditor shall have access at any reasonable time to all of the third party’s documents that, in the auditor’s opinion, are necessary to enable the auditor to prepare the report, and may require the third party to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.
Section 361 of the Act is replaced by the following:
Minor corrections — Chief Electoral OfficerThe Chief Electoral Officer may correct a third-party expenses return filed under subsection 359(1) if the correction does not materially affect its substance.Corrections or revisions at request of Chief Electoral OfficerThe Chief Electoral Officer may in writing request a third party to correct or revise, within a specified period, a third-party expenses return filed under subsection 359(1).Deadline for correction or revisionIf the Chief Electoral Officer requests a correction or revision, the third party shall provide him or her with the corrected or revised version of the return within the specified period.
Extensions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a third party, shall authorize the extension of the period referred to in subsection 359(1) unless he or she is satisfied that the third party’s failure to file the third-party expenses return under that subsection was deliberate or was the result of the third party’s failure to exercise due diligence.DeadlineThe application may be made within the period referred to in subsection 359(1) or within two weeks after the end of that period.
Corrections or revisions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a third party, shall authorize the correction or revision of a third-party expenses return filed under subsection 359(1) if he or she is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.Application made without delayThe application shall be made immediately after the third party becomes aware of the need for correction or revision.Deadline for corrections or revisionsThe third party shall provide the Chief Electoral Officer with the corrected or revised version of the return within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).New deadlineThe Chief Electoral Officer, on the written application of the third party made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.Extension of new deadlineThe Chief Electoral Officer, on the written application of the third party made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.
Extensions, corrections or revisions — judgeA third party may apply to a judge for an orderrelieving the third party from the obligation to comply with a request referred to in subsection 361(2);authorizing an extension referred to in subsection 361.1(1); orauthorizing a correction or revision referred to in subsection 361.2(1).The third party shall notify the Chief Electoral Officer that the application has been made.DeadlineThe application may be madeunder paragraph (1)(a), within the specified period referred to in subsection 361(2) or within the two weeks after the end of that period;under paragraph (1)(b), within two weeks after, as the case may be,if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 361.1(2), the end of the two-week period referred to in that subsection,the rejection of an application for an extension made in accordance with section 361.1, orthe end of the extended period referred to in subsection 361.1(1); orunder paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 361.2.Grounds — extensionThe judge shall grant an order authorizing an extension unless the judge is satisfied that the third party’s failure to file the required third-party expenses return was deliberate or was the result of the third party’s failure to exercise due diligence.Grounds — corrections or revisionsThe judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.Contents of orderThe order may require that the third party satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Section 362 of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);publish, within one year after the issue of the writ, returns filed under subsection 359(1); andpublish, as soon as feasible, a corrected or revised version of a return filed under subsection 359(1) and published under paragraph (b).
Section 364 of the Act is amended by adding the following after subsection (1):Exclusion — litigation expenses and personal expensesFor the purposes of this Act, any money that is used out of a nomination contestant’s, candidate’s or leadership contestant’s own funds to pay a litigation expense or personal expense is not a contribution if it has not been deposited into the bank account referred to insubsection 476.65(1), in the case of a nomination contestant;subsection 477.46(1), in the case of a candidate; orsubsection 478.72(1), in the case of a leadership contestant.2014, c. 12, s. 86Section 364 of the Act is amended by adding the following after subsection (8):ProhibitionNo person or entity other than an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall pay fees to attend an annual or biennial convention or leadership convention of a particular registered party, or pay fees on behalf of another individual for them to attend such a convention.
2014, c. 12, s. 86Subsection 367(7) of the Act is amended by adding the following after paragraph (b):For greater certainty, contributions made by a candidate under subsection (1) to a registered party or a registered association that later transfers funds to the candidate for the purpose of their campaign do not have the effect of reducing the amount that the candidate may contribute under this subsection.
2014, c. 12, s. 86Subsection 368(3) of the Act is replaced by the following:Prohibition — accepting excessive contributionsNo person who is permitted to accept contributions under this Act shall accept a contribution that exceeds a limit under this Act.
2014, c. 12, s. 86Section 372 of the Act is replaced by the following:
Return of contributionsIf a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or (6) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
The Act is amended by adding the following before section 375:
Nomination campaign expensesA nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, includinga nomination contest expense;a litigation expense;travel and living expenses;a personal expense; andany fees of an auditor appointed under subsection 476.77(1) that have not been reimbursed by the Receiver General.Exclusions — administrative monetary penalties, etc.For greater certainty, none of the following is a nomination campaign expense:the amount of any administrative monetary penalty imposed under Part 19;any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; andany amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.
Nomination contest expensesA nomination contest expense is any of the following:any cost incurred, or non-monetary contribution received, by a nomination contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a nomination contestant during a nomination contest; andany acceptance by a nomination contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a nomination contestant during a nomination contest.Exclusion — fundraisingExpenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not nomination contest expenses under subsection (1).InclusionsA nomination contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,the production of advertising or promotional material;the distribution, broadcast or publication of such material in any media or by any other means during the nomination contest, including by the use of a capital asset;the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;securing a meeting space or the supply of light refreshments at meetings;any product or service provided by a government, a Crown corporation or any other public agency; andthe conduct of surveys or research during a nomination contest.Definition of cost incurredIn this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.
Litigation expenses — nomination contestantsA litigation expense of a nomination contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.
Personal expenses — nomination contestantsA nomination contestant’s personal expenses includechildcare expenses;expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; andin the case of a contestant who has a disability, additional expenses that are related to the disability.Exclusions — travel and living expenses, etc.Neither litigation expenses nor travel and living expenses are personal expenses of a nomination contestant.
Section 375 of the Act is amended by adding the following after paragraph (a):a litigation expense;travel and living expenses;an accessibility expense;2014, c. 12, s. 86Paragraph 375(c) of the Act is replaced by the following:any fees of an auditor appointed under subsection 477.1(2) that have not been reimbursed by the Receiver General.Section 375 of the Act is renumbered as subsection 375(1) and is amended by adding the following:Exclusions — administrative monetary penalties, etc.For greater certainty, none of the following is an electoral campaign expense:the amount of any administrative monetary penalty imposed under Part 19;any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; andany amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.
Section 376 of the Act is amended by adding the following after subsection (3):Exclusion — accessibility expensesAn accessibility expense of a registered party or a candidate, as the case may be, is not an election expense of that party or candidate.
The Act is amended by adding the following after section 376:
Partisan advertising expensesA partisan advertising expense of a registered party or an electoral district association of a registered party, as the case may be, includes any of the following:any non-monetary contribution received by the party or association, to the extent that the property or service that was received as a non-monetary contribution is used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public; andany acceptance by the party or association of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public.
Section 377 of the Act is renumbered as subsection 377(1) and is amended by adding the following:CalculationFor the purpose of subsection (1), in calculating what a ticket bearer is entitled to obtain, to be included in the calculation isthe cost of any goods or services received by the ticket bearer personally, such as meals and promotional products; andtheir share of any general expenses incurred by the registered party, registered association, nomination contestant, candidate or leadership contestant, as the case may be, in holding the activity, such as expenses incurred for the rental of a meeting space or for any audiovisual equipment used.
The Act is amended by adding the following after section 377:
Litigation expenses — candidatesA litigation expense of a candidate is an expense of the candidate related to any of the following requests or applications, including an expense related to any appeal or judicial review arising from the request or the application:a request or an application made under Part 14;an application to a judge made under this Part; andan application to contest the election in the candidate’s electoral district.
Accessibility expensesAn accessibility expense of a registered party or a candidate, as the case may be, is any of the following:the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used solely to make accessible, to persons with a disability, materials used or activities held during an election period;the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, andthe amount equal to the value of the property or service if the materials or activities had not been accessible to persons with a disability;the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used solely to make accessible, to persons with a disability, materials used or activities held during an election period; andthe difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, andthe amount equal to the value of the goods or services if the materials or activities had not been accessible to persons with a disability.Exclusion — fundraising, etc.An amount referred to in subsection (1) that is related to a fundraising activity, to the nomination of a person as a candidate or to the selection of a person as leader of a registered party is not an accessibility expense.Definition of cost incurredIn subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.
2014, c. 12, s. 86Paragraph 378(1)(a) of the Act is repealed.2014, c. 12, s. 86Subsection 378(2) of the Act is replaced by the following:Exclusions — travel and living expenses, etc.Neither litigation expenses nor travel and living expenses are personal expenses of a candidate.
The Act is amended by adding the following after section 378:
Categories of certain expenses and maximumsThe Chief Electoral Officer may establish, in respect of candidates, categories of personal expenses and of travel and living expenses and may fix maximum amounts of expenses that may be incurred in each category.
The Act is amended by adding the following after section 379:
Leadership campaign expensesA leadership campaign expense of a leadership contestant is an expense reasonably incurred as an incidence of the leadership contest, includinga leadership contest expense;a litigation expense;travel and living expenses;a personal expense; andany fees of an auditor appointed under Division 6 of Part 18 that have not been reimbursed by the Receiver General.Exclusions — administrative monetary penalties, etc.For greater certainty, none of the following is a leadership campaign expense:the amount of any administrative monetary penalty imposed under Part 19;any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; andany amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.
Leadership contest expensesA leadership contest expense is any of the following:any cost incurred, or non-monetary contribution received, by a leadership contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a leadership contestant during a leadership contest; andany acceptance by a leadership contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a leadership contestant during a leadership contest.Exclusion — fundraisingExpenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not leadership contest expenses under subsection (1).InclusionsA leadership contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,the production of advertising or promotional material;the distribution, broadcast or publication of such material in any media or by any other means during the leadership contest, including by the use of a capital asset;the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;securing a meeting space or the supply of light refreshments at meetings;any product or service provided by a government, a Crown corporation or any other public agency; andthe conduct of surveys or research during a leadership contest.Definition of cost incurredIn this section, cost incurred means an expense that is incurred by a leadership contestant, whether it is paid or unpaid.
Litigation expenses — leadership contestantsA litigation expense of a leadership contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.
Personal expenses — leadership contestantsA leadership contestant’s personal expenses includechildcare expenses;expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; andin the case of a contestant who has a disability, additional expenses that are related to the disability.Exclusions — travel and living expenses, etc.Neither litigation expenses nor travel and living expenses are personal expenses of a leadership contestant.
Subsection 382(3) of the Act is amended by adding the following after paragraph (a):the total litigation expenses;the total travel and living expenses that are related to travel and sojourns during the election period;the total accessibility expenses;
2014, c. 12, s. 86; 2015, c. 37, s. 3Section 383 of the Act is repealed.
Subsection 385(2) of the Act is amended by striking out “and” at the end of paragraph (i) and by adding the following after paragraph (j):the party’s policy for the protection of personal information, includinga statement indicating the types of personal information that the party collects and how it collects that information,a statement indicating how the party protects personal information under its control,a statement indicating how the party uses personal information under its control and under what circumstances that personal information may be sold to any person or entity,a statement indicating the training concerning the collection and use of personal information to be given to any employee of the party who could have access to personal information under the party’s control,a statement indicating the party’s practices concerningthe collection and use of personal information created from online activity, andits use of cookies, andthe name and contact information of a person to whom concerns regarding the party’s policy for the protection of personal information can be addressed; andthe address of the page — accessible to the public — on the party’s Internet site where its policy for the protection of personal information is published under subsection (4).Section 385 of the Act is amended by adding the following after subsection (2):Short-form nameThe Chief Electoral Officer may establish a maximum length for a political party’s short-form name that is to be shown in election documents.Section 385 of the Act is amended by adding the following after subsection (3):Publication of policy for the protection of personal informationA political party shall publish on its Internet site its policy for the protection of personal information referred to in paragraph (2)(k) before its leader applies under this section for the party to become a registered party.
The Act is amended by adding the following after section 385:
Policy for the protection of personal information — parties already registered, etc.Within three months after the day on which this section comes into force, the leader of a political party shall provide the Chief Electoral Officer with the party’s policy for the protection of personal information referred to in paragraph 385(2)(k) and the Internet address referred to in paragraph 385(2)(l), ifbefore the day on which this section comes into force, the leader of the party has applied under section 385 for the party to become a registered party but, as of that day, the Chief Electoral Officer has not yet informed the leader under subsection 389(1) whether or not the party is eligible for registration under section 387; oron the day on which this section comes into force, the party isan eligible party, ora registered party.Failure to complyIf the leader of the political party does not comply with subsection (1), thenin the case of a party referred to in paragraph (1)(a), the party is not eligible for registration under section 387;in the case of a party referred to in subparagraph (1)(b)(i), the party may not become a registered party under section 390; andin the case of a party referred to in subparagraph (1)(b)(ii), the Chief Electoral Officer shall implement the procedure for non-voluntary deregistration set out in sections 415, 416 and 418.Deemed inclusion in application for registrationIf the leader of a political party provides the Chief Electoral Officer with the policy and the address referred to in subsection (1) in compliance with that subsection, or in compliance with section 415, then the policy and the address are deemed, as of the day on which they are provided, to be included in the application for registration referred to in subsection 385(2) in respect of the party.
Section 390 of the Act is amended by adding the following after subsection (5):Eligible party deemed registeredFor the purposes of section 429.1 and — despite subsection (5) — sections 363 and 367, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the first day of the pre-election period — if any — before the election period of the election referred to in that subsection.
2014, c. 12, s. 86Section 394 of the Act is replaced by the following:
Registry of political partiesThe Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h), (k) and (l) and subsections 396(2) and 418(2).
The Act is amended by adding the following after section 405:
Publication of changes to policy for the protection of personal informationAs soon as feasible after reporting a change in its policy for the protection of personal information to the Chief Electoral Officer in writing under subsection 405(1), a registered party or an eligible party shall publish on its Internet site the updated version of the policy, incorporating the change set out in the report.
2014, c. 12, s. 86Subsection 408(5) of the Act is replaced by the following:Prohibition — false or misleading declarationNo person shall make a declaration referred to in paragraph 385(2)(i) or subsection 407(2) that they know is false or misleading.
Section 412 of the Act is renumbered as subsection (1) and is amended by adding the following:Deregistration — failure to publish updated policy for the protection of personal informationThe Chief Electoral Officer may deregister a registered party if the party fails to publish an updated version of its policy for the protection of personal information on its Internet site in accordance with section 405.1.Deregistration — failure to continue to have policy for the protection of personal informationThe Chief Electoral Officer may deregister a registered party if the party fails to continue to have a policy for the protection of personal information referred to in paragraph 385(2)(k).
Section 426 of the Act is amended by adding the following after subsection (2):Expenses incurred by registered agent other than chief agentDespite subsection (2), a registered agent — other than the chief agent — of a registered party shall, before incurring the party’s expenses, obtain the written authorization of the chief agent to incur those expenses, and shall incur them only in accordance with that authorization.
The Act is amended by adding the following after section 429:Maximum Partisan Advertising Expenses
Maximum partisan advertising expensesThe maximum amount that is allowed for partisan advertising expenses of a registered party for a pre-election period is $1,400,000.Inflation adjustment factorThe amount referred to in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.
Prohibition — partisan advertising expenses more than maximum amountNo chief agent of a registered party shall incur partisan advertising expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 429.1.Prohibition — circumventing maximum amountNo registered party shall circumvent, or attempt to circumvent, that maximum amount in any manner, including by acting in collusion with a potential candidate for the purpose of his or her engaging in partisan advertising so that the combined total of the following exceeds the maximum amount:the potential candidate’s partisan advertising expenses that relate to the partisan advertising engaged in in collusion with the party; andthe party’s partisan advertising expenses.Prohibition — collusion by third partyNo third party, within the meaning of paragraph (a.1) of the definition third party in section 349, shall act in collusion with a registered party for the purpose of the registered party’s circumventing that maximum amount.
Message to be authorizedA registered party, or a person acting on its behalf, that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the party’s registered agents.
2014, c. 12, s. 86Subsection 430(2) of the Act is replaced by the following:Maximum expenses: postponement of polling dayIf the Governor in Council orders the postponement of an election under subsection 59(4) for one or more electoral districts, along with the corresponding extension of the election period, then the maximum amount calculated under subsection (1) for a registered party that has endorsed a candidate in that or any of those electoral districts is increased by adding to it the product of$0.735 multiplied by the number of names on the preliminary list of electors in the electoral districts governed by the order in which the party has endorsed a candidate, or the number of names on the revised list of electors in those electoral districts, whichever is greater, and divided by the number of days in the election period before it was extended;the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election; andthe number of days by which the election period is extended.
2014, c. 12, s. 86Subsection 431(2) of the Act is replaced by the following:Prohibition — collusionNo registered party and no third party, within the meaning of paragraph (b) of the definition third party in section 349, shall act in collusion with each other for the purpose of the registered party’s circumventing the maximum amount referred to in subsection (1).
2014, c. 12, s. 86Subparagraphs 432(2)(j)(i) and (ii) of the Act are replaced by the following:as an election expense, each ofthe expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, andthe non-monetary contributions used by the registered party as an election expense, andthe accessibility expenses incurred by the registered party;
2014, c. 12, s. 86Subsection 433(1) of the Act is replaced by the following:
Quarterly returnsIf a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall, for each quarter — in respect of a fiscal period of the registered party — that follows that general election, beginning with the quarter that immediately follows that general election and ending with the quarter in which polling day at the next general election is held, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).
2014, c. 12, s. 86The heading before section 437 of the Act is replaced by the following:Reporting on Expenses
2014, c. 12, s. 86The portion of subsection 437(2) of the English version of the Act before paragraph (a) is replaced by the following:Contents of returnAn election expenses return shall set out2014, c. 12, s. 86Paragraphs 437(2)(a) and (b) of the Act are replaced by the following:as an election expense, each ofthe expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, andthe non-monetary contributions used by the registered party as an election expense;the accessibility expenses incurred by the registered party; andin the case of a general election held on a day set in accordance with subsection 56.1(2) or section 56.2, the partisan advertising expenses incurred by the registered party in relation to partisan advertising messages transmitted during the pre-election period.
2014, c. 12, s. 86The heading before section 444 of the Act is replaced by the following:Reimbursement of Election Expenses and Accessibility Expenses
2014, c. 12, s. 86The portion of subsection 444(1) of the Act before paragraph (a) is replaced by the following:
CertificateOn receipt from a registered party of the documents referred to in subsection 437(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is the sum of 50% of the registered party’s election expenses, as set out in the return for its general election expenses, that were paid by its registered agents and 90% — to a maximum of $250,000 — of the registered party’s accessibility expenses, as set out in that return, that were paid by its registered agents, if
2014, c. 12, s. 86Section 450 of the Act is replaced by the following:
Prohibition — incurring partisan advertising expenses, etc.No electoral district association of a registered party shallincur partisan advertising expenses in relation to partisan advertising messages that promote or oppose a registered party or an eligible party and that are transmitted during a pre-election period; ortransmit or cause to be transmitted, during a pre-election period, partisan advertising messages that promote or oppose a registered party or an eligible party.ExceptionDespite paragraph (1)(a), an electoral district association of a registered party may incur partisan advertising expenses to the extent that the goods or services that the partisan advertising expense is incurred for areprovided to that party, if permitted under paragraph 364(2)(b); orsold to that party.ExceptionDespite subsection (1), an electoral district association of a registered party mayincur partisan advertising expenses for the transmission of partisan advertising messages referred to in paragraph (1)(a) to the extent that those messages are intended to be transmitted solely, or substantially solely, within the association’s electoral district; andtransmit or cause to be transmitted partisan advertising messages referred to in paragraph (1)(b) to the extent that those messages are transmitted solely, or substantially solely, within the association’s electoral district.
Message to be authorizedA registered association that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the association’s electoral district agents.
Prohibition — incurring election expensesNo electoral district association of a registered party shall incur election expenses.Election expenses — electoral district associationsFor the purposes of subsection (1),election expense has the meaning given to that expression by subsection 376(1), except that the reference to “a registered party or a candidate” is to be read as a reference to “an electoral district association”; andsubsections 376(2) to (4) apply, other than paragraph 376(3)(c), except that the reference to “a registered party or a candidate” in subsection 376(4) is to be read as a reference to “an electoral district association”.ExceptionDespite subsection (1), an electoral district association of a registered party may incur an election expense to the extent that the property or service that the cost was incurred for or the non-monetary contribution was received for — or the goods or services that were accepted — areprovided to that party, a registered association of that party or a candidate endorsed by that party, if permitted under paragraph 364(2)(b); orsold to that party or a candidate endorsed by that party.Uncancellable transmissionIn the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, or of a by-election, an electoral district association is deemed not to have incurred an election expense for election advertising if, on the issue of the writ or writs, it is not able to cancel the transmission of the election advertising message that the expense is in relation to.
2014, c. 12, s. 86The portion of section 464 of the Act before paragraph (a) is replaced by the following:
Confirmation of registration yearlyOn or before May 31 of every year a registered association shall provide the Chief Electoral Officer with
2014, c. 12, s. 86Subsection 469(4) of the Act is replaced by the following:RegistrationAs soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 448 for the registration of an electoral district association for an electoral district that is created by — or whose boundaries are revised as a result of — the order. The electoral district association may be registered at any time on or after the day on which the application is made.
2014, c. 12, s. 86Subsection 475.6(1) of the Act is replaced by the following:
Auditor’s reportThe auditor of a registered association that has, in a fiscal period, accepted contributions of $10,000 or more in total or incurred expenses of $10,000 or more in total shall report to the association’s financial agent on the association’s financial transactions return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.
Section 475.8 of the Act is amended by adding the following after subsection (2):Inflation adjustment factorThe $1,500 amount set out in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the last day of the registered association’s fiscal period to which the auditor’s report relates.
2014, c. 12, s. 86The heading before section 476 of the French version of the Act is replaced by the following:Définition
2014, c. 12, s. 86Section 476 of the Act is replaced by the following:
Definition of selection dateIn this Division, selection date means the date on which a nomination contest is decided. (date de désignation)
2014, c. 12, s. 86Subsection 476.65(3) of the Act is replaced by the following:Deposits into accountAll of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.Payments from accountAll of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.
2014, c. 12, s. 86Subsection 476.66(4) of the Act is replaced by the following:Prohibition — paying nomination campaign expensesNo person or entity, other than a nomination contestant’s financial agent, shall pay the contestant’s nomination campaign expenses except fora litigation expense;travel and living expenses;a personal expense; ora petty expense referred to in section 381.2014, c. 12, s. 86Subsection 476.66(6) of the Act is replaced by the following:Prohibition — paying contestant’s personal expenses, etc.No person or entity, other than the nomination contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).
2014, c. 12, s. 86The portion of section 476.67 of the Act before paragraph (b) is replaced by the following:
Limits on nomination contest expensesThe limit for nomination contest expenses that is allowed for a nomination contestant in an electoral district is the amountthat is 20% of the election expenses limit that was calculated under subsection 477.49(1) for that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or
2014, c. 12, s. 86Subsection 476.68(1) of the Act is replaced by the following:
Prohibition — exceeding expense limitNo nomination contestant and no financial agent of a nomination contestant shall incur total nomination contest expenses in an amount that is more than the limit allowed for that electoral district under section 476.67.
2014, c. 12, s. 86Paragraph 476.75(2)(a) of the Act is replaced by the following:a statement of nomination contest expenses;a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;a statement of travel and living expenses;a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;a statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);2014, c. 12, s. 86Paragraph 476.75(2)(h) of the Act is replaced by the following:a statement of the funds transferred by the nomination contestant to a registered party, a registered association or a candidate;2014, c. 12, s. 86Subsection 476.75(3) of the Act is replaced by the following:Supporting documentsTogether with the nomination campaign return, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement referred to in subsection 476.82(1).Subsection 476.75(9) 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):the Chief Electoral Officer is deemed to have received the declaration for the purpose of section 476.901.
2014, c. 12, s. 86Paragraphs 476.82(1)(a) and (b) of the Act are replaced by the following:sets out the following:the amount of any travel and living expenses paid by the contestant and details of those expenses, andthe amount of any litigation expenses and personal expenses paid by the contestant, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them; ordeclares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.Section 476.82 of the Act is amended by adding the following after subsection (1):Supporting documentsTogether with the statement referred to in paragraph (1)(a), the nomination contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.Section 476.82 of the Act is amended by adding the following after subsection (2):Subsequent payments — litigation expensesIf, after having sent their financial agent the statement referred to in subsection (1), a nomination contestant pays a litigation expense other than from the bank account referred to in subsection 476.65(1), the contestant shall, as soon as feasible after paying it,notify their financial agent of the payment;inform their financial agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; andsend their financial agent documents evidencing payment of the expense.
The Act is amended by adding the following after section 476.89:
Prohibition — false or misleading declarationNo nomination contestant shall send to their financial agent a declaration referred to in paragraph 476.75(1)(d) that they know or reasonably ought to know is false or misleading.
2014, c. 12, s. 86Section 476.9 of the Act is replaced by the following:
Prohibition — false, misleading or incomplete documentNo financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(1), (10), (11), (12) or (15) thatthe financial agent knows or ought reasonably to know contains a material statement that is false or misleading; orin the case of a document referred to in paragraph 476.75(1)(a), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
Payment of Audit Expenses
CertificateOn receipt of the documents referred to in subsection 476.75(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater ofthe amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the nomination contestant’s nomination contest expenses and $1,500, and$250.PaymentOn receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.Inflation adjustment factorThe $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the selection date.
2014, c. 12, s. 86Section 476.91 of the Act is replaced by the following:
Surplus of nomination campaign fundsThe surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the sum of the following is more than the sum of the contestant’s nomination campaign expenses paid from the bank account referred to in subsection 476.65(1) and any transfers referred to in paragraph 364(5)(a):contributions accepted by the financial agent on behalf of the contestant;money received from the sale referred to in subsection (2); andany other amounts received by the contestant for their nomination campaign that are required to be deposited into the bank account referred to in subsection 476.65(1) and are not repayable.Sale of capital assetsBefore the surplus amount of nomination campaign funds is disposed of in accordance with sections 476.92 and 476.93, a nomination contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a nomination campaign expense.
2014, c. 12, s. 86Section 477 of the Act is replaced by the following:
DeemingFor the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense within the meaning of subsection 375(1).
2014, c. 12, s. 86Section 477.1 of the Act is replaced by the following:
Duty to appoint official agentA candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense within the meaning of subsection 375(1).Appointment of auditorA candidate shall appoint an auditor without delay ifthey accept contributions of $10,000 or more in total;they incur electoral campaign expenses of $10,000 or more in total; orthey receive 10% or more of the valid votes cast in the electoral district in which they are a candidate.
2014, c. 12, s. 86Subsection 477.46(3) of the Act is replaced by the following:Deposits into accountAll of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the candidate’s own funds and those funds are used to pay a litigation expense or a personal expense.Payments from accountAll of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the candidate’s own funds of a litigation expense or a personal expense.
2014, c. 12, s. 86Subsection 477.47(4) of the Act is replaced by the following:Prohibition — paying electoral expensesNo person or entity, other than a candidate’s official agent, shall pay the candidate’s electoral campaign expenses except fora litigation expense;travel and living expenses;a personal expense; ora petty expense referred to in section 381.2014, c. 12, s. 86Subsection 477.47(6) of the Act is replaced by the following:Election expenses incurred by candidateDespite subsection (5), a candidate shall, before incurring election expenses, obtain the written authorization of their official agent to incur those expenses, and shall incur them only in accordance with that authorization.Prohibition — paying candidate’s personal expenses, etc.No person or entity, other than a candidate or their official agent, shall pay the candidate’s expenses referred to in any of paragraphs (4)(a) to (c).
2014, c. 12, s. 86Section 477.48 of the Act and the heading before it are repealed.
2014, c. 12, s. 86Subsection 477.49(2) of the Act is replaced by the following:Maximum expenses: postponement of polling dayIf the Governor in Council orders the postponement of polling day under subsection 59(4) for an electoral district along with the corresponding extension of the election period, then the election expenses limit calculated under subsection (1) for a candidate in that electoral district is increased by adding to it the product ofthe election expenses limit calculated under subsection (1) divided by the number of days in the election period before it was extended, andthe number of days by which the election period is extended.
The Act is amended by adding the following after section 477.55:
Prohibition — entering into contracts without authorizationNo person authorized under paragraph 477.55(c) to enter into contracts shall enter into any contract in relation to an electoral campaign other than a contract that they are authorized in writing by the official agent to enter into under that paragraph.
2014, c. 12, s. 86Paragraph 477.59(1)(b) of the Act is replaced by the following:if the appointment of an auditor is required under subsection 477.1(2), the auditor’s report on the return under section 477.62;2014, c. 12, s. 86Paragraph 477.59(2)(b) of the Act is replaced by the following:a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them;a statement of travel and living expenses that includes an indication of which of those expenses relate to travel and sojourns during the election period;a statement of accessibility expenses;a statement of personal expenses that includesan indication of which of those expenses are childcare expenses,an indication of which of those expenses are expenses referred to in paragraphs 378(1)(c) and (d), andan indication of which of those expenses were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them;a statement of electoral campaign expenses, other than the expenses referred to in paragraphs (a) to (a.4), including a statement of electoral campaign expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;2014, c. 12, s. 86Subsection 477.59(3) of the Act is replaced by the following:Supporting documentsTogether with the electoral campaign return, the official agent of a candidate shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement referred to in subsection 477.64(1).
2014, c. 12, s. 86Paragraphs 477.64(1)(a) and (b) of the Act are replaced by the following:sets out the following:the amount of any travel and living expenses paid by the candidate and details of those expenses, andthe amount of any litigation expenses and personal expenses paid by the candidate, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them; ordeclares that the candidate did not pay for any travel and living expenses, litigation expenses or personal expenses.Section 477.64 of the Act is amended by adding the following after subsection (1):Supporting documentsTogether with the statement referred to in paragraph (1)(a), the candidate shall send their official agent documents evidencing the payment of the expenses referred to in the statement.Section 477.64 of the Act is amended by adding the following after subsection (2):Subsequent payments — litigation expensesIf, after having sent their official agent the statement referred to in subsection (1), a candidate pays a litigation expense other than from the bank account referred to in subsection 477.46(1), the candidate shall, as soon as feasible after paying it,notify their official agent of the payment;inform their official agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; andsend their official agent documents evidencing payment of the expense.
The Act is amended by adding the following after section 477.71:
Prohibition — false or misleading declarationNo candidate shall send to their official agent a declaration referred to in paragraph 477.59(1)(d) that they know or ought reasonably to know is false or misleading.
2014, c. 12, s. 86Subsections 477.72(1) and (2) of the Act are replaced by the following:
Prohibition — false, misleading or incomplete documentNo official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) thatthe official agent knows or ought reasonably to know contains a material statement that is false or misleading; orin the case of a document referred to in paragraph 477.59(1)(a), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.Membership in House of Commons suspended — document not providedIf the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1), then, until the document is provided, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as ofthe expiry of the two-week period referred to in paragraph 477.68(2)(b), determined on the basis of whichever of its subparagraphs applies, if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(b);if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b), and the application is rejected, the expiry of the day on which the application is finally disposed of so as to deny it; andif the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b) and the order is granted, the expiry of the period extended by the order.Membership in House of Commons suspended — unmade correction or revisionIf the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision authorized to be made under subsection 477.67(1) was not made within 30 days after the day on which it was authorized, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as ofthe expiry of the two-week period referred to in subsection 477.67(4), if the candidate or their official agent does not apply to the Chief Electoral Officer for an extension under that subsection;if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent applies to the Chief Electoral Officer for a further extension under subsection 477.67(5);if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(5) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent makes a further application to the Chief Electoral Officer for a extension under that subsection; andif the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) or (5), and the application is rejected, the expiry of the day on which the application is rejected.
2014, c. 12, s. 86Paragraph 477.72(3)(a) of the English version of the Act is replaced by the following:the expiry of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or2014, c. 12, s. 86Paragraph 477.72(3)(b) of the Act is replaced by the following:if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the expiry of the day on which the application is finally disposed of so as to deny it.2014, c. 12, s. 86Subsection 477.72(4) of the Act is replaced by the following:Speaker informedAs soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under any of subsections (2), (2.1) and (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.
2014, c. 12, s. 86The heading before section 477.73 of the Act is replaced by the following:Reimbursement of Certain Expenses
2014, c. 12, s. 86Subsections 477.73(2) and (3) of the Act are replaced by the following:Payment of partial reimbursementOn receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses, travel and living expenses that are related to travel and sojourns during the election period, accessibility expenses and personal expenses. The payment may be made to the person designated by the official agent.Return of excess paymentA candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than the sum of60% of the candidate’s paid election expenses, as set out in the their electoral campaign return,60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses or expenses referred to in paragraphs 378(1)(c) and (d),90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.
2014, c. 12, s. 86Paragraphs 477.74(1)(c) and (d) of the Act are replaced by the following:states that the amount received as partial reimbursement under subsection 477.73(2) is less than the sum of the amounts calculated under paragraphs (2)(a) to (f); andsets out the amount of the final instalment of the reimbursement of the candidate’s expenses, calculated under subsection (2).2014, c. 12, s. 86Subsection 477.74(2) of the Act is replaced by the following:Calculation of reimbursementThe amount referred to in paragraph (1)(d) is the sum of the following, less the partial reimbursement made under section 477.73:60% of the candidate’s paid election expenses, as set out in their electoral campaign return,60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d),90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.
The Act is amended by adding the following after section 477.74:
Payment to candidateThe official agent shall use any amount received under subsection 477.73(2), or received under both that subsection and subsection 477.74(4), to pay to the candidate the amount that is the sum of60% of the candidate’s personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraph 378(1)(c) or (d), that were paid other than from the bank account referred to in subsection 477.46(1), and90% of the total of the candidate’s childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, that were paid other than from the bank account referred to in subsection 477.46(1).
The Act is amended by adding the following after section 477.76:
Inflation adjustment factorThe $1,500 amount set out in paragraph 477.75(a) and the $250 amount set out in paragraph 477.75(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on polling day.
2014, c. 12, s. 86Section 477.77 of the Act is repealed.
2014, c. 12, s. 86Paragraph 477.79(a) of the Act is replaced by the following:the election is deemed to have been held on the day on which the writ is withdrawn or deemed to be withdrawn; and
2014, c. 12, s. 86Subsections 477.8(1) and (2) of the Act are replaced by the following:
Surplus of electoral fundsThe surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (3) are more than the total of the candidate’s electoral campaign expenses paid from the bank account referred to in subsection 477.46(1) and the transfers referred to in subsection (4).Transfer or sale of capital assetsBefore the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate’s official agent shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of subsection 375(1) to the registered party that has endorsed the candidate — or to the registered association of that party in the candidate’s electoral district — or sell them at their fair market value.
2014, c. 12, s. 86Paragraphs 477.8(3)(b) and (c) of the Act are replaced by the following:any of the following for which the candidate was reimbursed under this Act:an election expense,travel and living expenses,an accessibility expense,a personal expense paid from the bank account referred to in subsection 477.46(1), anda cost incurred in respect of a request or an application made under Part 14, if the cost was paid from the bank account referred to in subsection 477.46(1);Section 477.8 of the Act is amended by adding the following after subsection (3):ExclusionDespite subsection (3), for the purposes of this Act, none of the following is electoral revenue:any amount used to pay for a candidate’s litigation expenses that was not deposited into the bank account referred to in subsection 477.46(1);any amount used to pay for a candidate’s personal expenses that was not deposited into the bank account referred to in subsection 477.46(1);any amount paid to the candidate under this Act as a reimbursement of personal expenses that were paid other than from the bank account referred to in subsection 477.46(1); andany amount paid to the candidate under this Act as a reimbursement of a cost incurred in respect of a request or an application made under Part 14, if that cost was paid other than from the bank account referred to in subsection 477.46(1).2014, c. 12, s. 86Paragraph 477.8(4)(b) of the Act is replaced by the following:any amount of a reimbursement referred to in paragraph (3)(b) that the candidate transfers to that registered party; and
2014, c. 12, s. 86Paragraphs 477.81(3)(a) and (b) of the Act are replaced by the following:the day on which they receive the final instalment of the reimbursement of the candidate’s expenses; orthe day on which the Chief Electoral Officer is provided with the candidate’s electoral campaign return, if the candidate did not receive the reimbursement mentioned in paragraph (a).
The Act is amended by adding the following after section 477.84:
Persons to whom this section appliesThis section applies to any person who was a candidate at an election but who was not endorsed by a registered party and whose official agent disposed of the candidate’s surplus electoral funds under paragraph 477.82(b).Application for repaymentThe official agent of a candidate who is a person referred to in subsection (1) may, for the purpose of the candidate’s electoral campaign, apply to the Chief Electoral Officer for repayment of the amount of the surplus electoral funds referred to in that subsection if that candidateis a candidate at the general election next following the election to which the funds relate but is not endorsed by a registered party and was not a candidate at any intervening by-election;is a candidate at one, and only one, intervening by-election and at that by-election is not endorsed by a registered party; oris a candidate at more than one intervening by-election and, at the first intervening by-election at which they are a candidate, is not endorsed by a registered party.PaymentOn receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the candidate’s official agent out of the Consolidated Revenue Fund.
2014, c. 12, s. 86Subsection 477.9(5) of the Act is replaced by the following:Period for providing statementThe candidate shall provide the statement to the Chief Electoral Officer within four months after polling day.
2014, c. 12, s. 86Section 478 of the Act and the heading “Interpretation” before it are repealed.
2014, c. 12, s. 86Subsection 478.61(3) of the French version of the Act is replaced by the following:Nomination d’un agent membre d’une sociétéTout membre d’une société nommée conformément à la présente loi à titre de vérificateur d’un parti enregistré peut être nommé agent du candidat à la direction.
2014, c. 12, s. 86Subsection 478.72(3) of the Act is replaced by the following:Deposits into accountAll of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.Payments from accountAll of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.
2014, c. 12, s. 86Subsection 478.73(4) of the Act is replaced by the following:Prohibition — paying leadership campaign expensesNo person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses except fora litigation expense;travel and living expenses;a personal expense; ora petty expense referred to in section 381.2014, c. 12, s. 86Subsection 478.73(6) of the Act is replaced by the following:Prohibition — paying contestant’s personal expenses, etc.No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).
2014, c. 12, s. 86Paragraph 478.8(2)(a) of the Act is replaced by the following:a statement of leadership contest expenses;a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;a statement of travel and living expenses;a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;a statement of leadership campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);2014, c. 12, s. 86Paragraph 478.8(2)(i) of the Act is replaced by the following:a statement of the funds transferred by the leadership contestant to a registered party or a registered association;2014, c. 12, s. 86Subsection 478.8(3) of the Act is replaced by the following:Supporting documentsTogether with the leadership campaign return, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement referred to in subsection 478.85(1).Subsection 478.8(9) 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):the Chief Electoral Officer is deemed to have received the declaration for the purpose of section 478.931.
2014, c. 12, s. 86Subsection 478.83(1) of the Act is replaced by the following:
Auditor’s reportAs soon as feasible after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $10,000 or more in total or incurred leadership campaign expenses of $10,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return for that contest and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.
2014, c. 12, s. 86Paragraphs 478.85(1)(a) and (b) of the Act are replaced by the following:sets out the following:the amount of any travel and living expenses paid by the contestant and details of those expenses, andthe amount of any litigation expenses and personal expenses paid by the contestant, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them; ordeclares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.Section 478.85 of the Act is amended by adding the following after subsection (1):Supporting documentsTogether with the statement referred to in paragraph (1)(a), the leadership contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.Section 478.85 of the Act is amended by adding the following after subsection (2):Subsequent payments — litigation expensesIf, after having sent their financial agent the statement referred to in subsection (1), a leadership contestant pays a litigation expense other than from the bank account referred to in subsection 478.72(1), the contestant shall, as soon as feasible after paying it,notify their financial agent of the payment;inform their financial agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; andsend their financial agent documents evidencing payment of the expense.
The Act is amended by adding the following after section 478.92:
Prohibition — false or misleading declarationNo leadership contestant shall send to their financial agent a declaration referred to in paragraph 478.8(1)(d) that they know or ought reasonably to know is false or misleading.
2014, c. 12, s. 86Section 478.93 of the Act is replaced by the following:
Prohibition — false, misleading or incomplete documentNo financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) thatthe financial agent knows or ought reasonably to know contains a material statement that is false or misleading; orin the case of a document referred to in paragraph 478.8(1)(a), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
The Act is amended by adding the following after section 478.93:Payment of Audit Expenses
CertificateOn receipt of the documents referred to in subsection 478.8(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater ofthe amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the leadership contestant’s leadership contest expenses and $1,500, and$250.PaymentOn receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.Inflation adjustment factorThe $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the day on which the leadership contest ends.
2014, c. 12, s. 86Section 478.94 of the Act is replaced by the following:
Surplus of leadership campaign fundsThe surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of the following is more than the sum of the contestant’s leadership campaign expenses paid from the bank account referred to in subsection 478.72(1) and any transfers referred to in paragraph 364(5)(b):contributions accepted by the leadership campaign agents on behalf of the contestant;money received from the sale referred to in subsection (2);amounts referred to in subsection 365(3); andany other amounts received by the contestant for their leadership campaign that are required to be deposited into the bank account referred to in subsection 478.72(1) and are not repayable.Sale of capital assetsBefore the surplus amount of leadership campaign funds is disposed of in accordance with sections 478.95 and 478.96, a leadership contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a leadership campaign expense.
Subsections 479(2) and (3) of the Act are replaced by the following:Duty to maintain orderEvery election officer is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.Order to leaveIn performing his or her duty under subsection (1) or (2), an election officer may order a person to leave the returning officer’s office or other place where the vote is taking place if the person is committing — or the officer believes on reasonable grounds that the person has committed — in the office or place an offence under this Act, any other Act of Parliament or any regulation made under any other Act of Parliament that threatens the maintenance of order.Subsections 479(5) to (7) of the Act are replaced by the following:Removal of materialIf a returning officer or other election officer believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer may cause any material that they believe on reasonable grounds was used in contravention of that paragraph to be removed from, in the case of a returning officer, his or her office or, in the case of any other election officer, the polling station.Subsection 479(8) of the English version of the Act is replaced by the following:Peace officer protectionEvery election officer has, while exercising their powers or performing their duties under this section, all the protection that a peace officer has by law.
Subsection 480(1) of the Act is replaced by the following:
Obstruction, etc., of electoral processEvery person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 480.1, 481, 482 or 482.1 or contravening a provision referred to in any of sections 484 to 499.
2014, c. 12, s. 88Section 480.1 of the Act is renumbered as subsection 480.1(1) and is amended by adding the following:ExceptionA person does not commit an offence under subsection (1) if they establish that the representation was manifestly for the purpose of parody or satire.
Sections 481 and 482 of the Act are replaced by the following:
Misleading publicationsEvery person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate ifthe person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; andthe person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate.FactorsIn determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use ofa name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; orthe name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party.Exception — parody or satireA person or entity does not commit an offence under subsection (1) if they establish that the material was manifestly distributed, transmitted or published for the purpose of parody or satire.
Unauthorized use of computerEvery person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election,by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;uses or causes to be used, directly or indirectly, a computer system with intent tocommit an offence under paragraph (a),destroy or alter computer data,render computer data meaningless, useless or ineffective,obstruct, interrupt or interfere with the lawful use of computer data, orobstruct, interrupt or interfere with a person or entity in the lawful use of computer data or deny access to computer data to a person or entity that is entitled to access to it; uses, possesses or traffics in, or permits another person or entity to have access to, a computer password that would enable a person or entity to commit an offence under paragraph (a) or (b); orattempts to commit any offence referred to in paragraphs (a) to (c).Words and expressionsWords and expressions used in subsection (1) have the same meaning as in subsection 342.1(2) of the Criminal Code.
Section 483 of the Act and the heading before it are repealed.
Subsection 484(1) of the French version of the Act is replaced by the following:
Responsabilité stricte — déclaration sommaireCommet une infraction l’ancien fonctionnaire électoral qui contrevient à l’alinéa 43c) (défaut de remettre des documents électoraux et du matériel électoral).
Subsection 484(2) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):being an election officer, knowingly contravenes section 39 (failure to exercise or perform the powers or duties assigned by a returning officer in accordance with the Chief Electoral Officer’s instructions); orParagraph 484(3)(b) of the Act is replaced by the following:knowingly contravenes subsection 23(2) (communication of information or use of personal information for unauthorized purpose);Paragraph 484(3)(e) of the Act is replaced by the following:contravenes paragraph 43(a) (obstruction of election officer) or knowingly contravenes paragraph 43(b) (impersonation of election officer); orParagraph 484(3)(f) of the French version of the Act is replaced by the following:l’ancien fonctionnaire électoral qui contrevient sciemment à l’alinéa 43c) (défaut de remettre des documents électoraux et du matériel électoral).
Section 485 of the Act and the heading before it are replaced by the following:Offences under Part 4 (Register of Electors and Register of Future Electors)
Offences requiring intent — summary convictionEvery person who contravenes paragraph 56(e) or (e.1) (unauthorized use of personal information recorded in Register of Electors or Register of Future Electors) is guilty of an offence.Offences requiring intent — dual procedureEvery person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors or Register of Future Electors) is guilty of an offence.
2006, c. 9, s. 56(2)(F)Paragraphs 486(3)(c) and (d) of the Act are replaced by the following:contravenes subsection 91(1) (making or publishing false statement to affect election results); orknowingly contravenes section 92 (publishing false statement of withdrawal of candidate).Section 486 of the Act is amended by adding the following after subsection (3):Offences requiring intent — dual procedureEvery entity is guilty of an offence thatcontravenes subsection 91(1) (making or publishing false statement to affect election results); orknowingly contravenes section 92 (publishing false statement of candidate’s withdrawal).
2007, c. 21, s. 38(1); 2014, c. 12, s. 93(1) and (2)Paragraphs 489(2)(a) to (b) of the Act are repealed.2014, c. 12, s. 93(3)Paragraphs 489(2)(d) and (e) of the Act are repealed.Subsection 489(3) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).Paragraphs 489(3)(c) to (g) of the Act are repealed.
2014, c. 12, s. 94Paragraphs 490(a.1) to (c) of the Act are replaced by the following:being an election officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);being an election officer, knowingly contravenes subsection 174(2) (failure to record vote);being an election officer, contravenes any of subsections 175(1) to (3) and (5) (failure to take required measures with respect to advance polling) or subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; orbeing a returning officer, contravenes subsection 176(2) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.
2014, c. 12, s. 94.1Subsection 491(2) of the Act is repealed.Paragraphs 491(3)(a) to (e) of the Act are replaced by the following:being a unit election officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1) or, being an election officer, contravenes section 257 or subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;being an election officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; orbeing an election officer, contravenes any of subsection 276(1), section 277, subsections 278(1) and (3) and section 279 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.
The Act is amended by adding the following after section 491:Offences under Part 11.1 (Prohibitions in relation to Voting)
Offences requiring intent — summary convictionEvery person is guilty of an offence whocontravenes subsection 281.6(2) (attempting to obtain information about elector’s vote);knowingly contravenes any of paragraphs 281.6(3)(a) to (c) (secrecy at the poll);knowingly contravenes subsection 281.6(4) (secrecy — marked ballot);knowingly contravenes paragraph 281.7(1)(c) (ballots);knowingly contravenes paragraph 281.8(1)(a) (photograph or video of marked ballot);knowingly contravenes paragraph 281.8(1)(b) (copy of marked ballot);knowingly contravenes paragraph 281.8(1)(c) (distribution of photograph, video or copy of marked ballot);knowingly contravenes paragraph 281.9(a) or (b) (false statement);contravenes subsection 282(1) (person who assists elector — limit);contravenes subsection 282.1(1) (vouching for more than one person);knowingly contravenes any of paragraphs 282.1(2)(a) to (c) (vouching for person contrary to that paragraph);contravenes subsection 282.1(3) (vouchee acting as voucher); orknowingly contravenes section 282.5 (interfering with marking of ballot).
Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing the Chief Electoral Officer, knowingly contravenes section 281.1 (voting by Chief Electoral Officer);contravenes section 281.2 (inducing or attempting to induce Chief Electoral Officer to vote);contravenes paragraph 281.3(a) (voting when not qualified);contravenes paragraph 281.3(b) (inducing or attempting to induce a person not qualified to vote, to vote);contravenes paragraph 281.4(a) (voting when not ordinarily resident in electoral district);contravenes paragraph 281.4(b) (inducing or attempting to induce a person who is not ordinarily resident in electoral district to vote);knowingly contravenes subsection 281.5(1) or (2) (voting more than once);knowingly contravenes subsection 281.6(1) (failure to maintain secrecy);contravenes subsection 281.6(5) (secrecy — counting of the votes);knowingly contravenes any of paragraphs 281.7(1)(a), (b) and (d) to (i) (ballots);being an election officer, contravenes paragraph 281.7(2)(a) or (b) (ballots — election officer);being a unit election officer, contravenes subsection 281.7(3) (special ballots — unit election officer);contravenes subsection 282(2) (person who assists elector — secrecy);knowingly contravenes section 282.2 (influencing electors);being an election officer, unit election officer or member of the staff of a returning officer, knowingly contravenes section 282.3 (influencing electors);contravenes subsection 282.4(1) (undue influence by foreigners);knowingly contravenes subsection 282.4(4) (collusion);knowingly contravenes subsection 282.4(5) (selling advertising space);knowingly contravenes section 282.6 (preventing elector from voting);knowingly contravenes subsection 282.7(1) (offering bribe);knowingly contravenes subsection 282.7(2) (accepting bribe); orknowingly contravenes paragraph 282.8(a) or (b) (intimidation, etc.).Offence requiring intent — dual procedureEvery entity is guilty of an offence thatcontravenes subsection 282.4(1) (undue influence by foreigners);knowingly contravenes subsection 282.4(4) (collusion); orknowingly contravenes subsection 282.4(5) (selling advertising space).
Paragraph 492(2)(a) of the Act is replaced by the following:being an election officer, contravenes any of sections 283 to 288 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or
Paragraph 495(1)(b) of the Act is replaced by the following:being the owner or operator of an online platform, contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), contravenes section 325.2 (failure to provide information about self);contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, contravenes subsection 326(3) (failure to ensure report on election survey results is published); orSubsection 495(3) of the Act is repealed.Paragraph 495(4)(a) of the Act is replaced by the following:being the owner or operator of an online platform, knowingly contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);knowingly contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, knowingly contravenes subsection 326(3) (failure to ensure report on election survey results is published);Subsection 495(5) of the Act is replaced by the following:Offences requiring intent — dual procedureEvery person is guilty of an offence whoknowingly contravenes subsection 323(1) (conducting election advertising during blackout period); being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), knowingly contravenes section 325.2 (failure to provide information about self); orknowingly contravenes subsection 328(1) (causing transmission of election survey results during blackout period).
Subsection 495.1(1) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):paragraph 348.16(c) (obligation to keep list of telephone numbers called).
2014, c. 12, s. 96Paragraphs 495.2(1)(a) and (b) of the Act are replaced by the following:paragraph 348.17(a) or 348.19(a) (obligation to keep scripts);paragraph 348.17(b) or 348.18(a) (obligation to keep recordings); orparagraph 348.17(c), 348.18(b) or 348.19(b) (obligation to keep list of telephone numbers called).
The heading before section 496 of the Act is replaced by the following:Offences under Part 17 (Third Party Advertising, Partisan Activities and Election Surveys)Offences under Division 0.1 of Part 17 (Prohibition on Use of Foreign Funds by Third Parties)
Strict liability offences — summary convictionEvery third party is guilty of an offence who contravenessection 349.02 (use of foreign contributions); orparagraph 349.03(a) (circumventing prohibition) or 349.03(b) (colluding to circumvent prohibition).Offences requiring intent — dual procedureEvery third party who knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.
Offences under Division 1 of Part 17 (Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period)
Strict liability offences — summary convictionEvery person is guilty of an offence who, being a third party, contravenesany of subsections 349.1(1) to (3) (exceeding pre-election period expenses limits);section 349.4 (foreign third party incurring pre-election period expenses);section 349.5 (failure to identify self in advertising);subsection 349.6(1) (failure to register);section 349.7 (failure to appoint financial agent) or subsection 349.8(1) (failure to appoint auditor);subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return) or 349.91(10) (failure to provide documents evidencing expenses on request);paragraph 349.93(b) (filing interim third-party expenses return that is substantially incomplete); orsection 349.94 (use of anonymous contributions).Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a third party, knowingly contravenes any of subsections 349.1(1) to (3) or section 349.2 (exceeding or circumventing pre-election period expenses limits);being a third party or registered party, knowingly contravenes subsection 349.3(1) (colluding to influence third party);being a third party or potential candidate, knowingly contravenes subsection 349.3(2) (colluding to influence third party);being a third party or official agent of a potential candidate, knowingly contravenes subsection 349.3(3) (colluding to influence third party);being a third party, knowingly contravenes section 349.4 (foreign third party incurring pre-election period expenses);being a third party, knowingly contravenes subsection 349.6(1) (failure to register);knowingly contravenes subsection 349.7(2) or 349.8(3) (ineligible person acting as financial agent or auditor);being a third party, knowingly contravenes subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return); orbeing a third party, contravenes paragraph 349.93(a) or knowingly contravenes paragraph 349.93(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).
Offences under Division 2 of Part 17 (Partisan Activities, Election Advertising and Election Surveys During Election Period)
2014, c. 12, s. 97(1) and (1.1)Paragraphs 496(1)(a) to (b) of the Act are replaced by the following:any of subsections 350(1) to (4) (exceeding election period expenses limits);section 351.1 (foreign third party incurring election period expenses);section 352 (failure to identify self in advertising);Subsection 496(1) of the Act is amended by replacing paragraphs (e) and (f) with the following:subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return) or 357.01(10) (failure to provide documents evidencing expenses on request);paragraph 357.03(b) (filing interim third-party expenses return that is substantially incomplete); orsection 357.1 (use of anonymous contributions).2014, c. 12, s. 97(2) and (3)Subsection 496(2) of the Act is replaced by the following:Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a third party, knowingly contravenes any of subsections 350(1) to (4) or section 351 (exceeding or circumventing election period expenses limits);being a third party or registered party, knowingly contravenes subsection 351.01(1) (colluding to influence third party);being a third party or candidate, knowingly contravenes subsection 351.01(2) (colluding to influence third party);being a third party or official agent of a candidate, knowingly contravenes subsection 351.01(3) (colluding to influence third party);being a third party, knowingly contravenes section 351.1 (foreign third party incurring election period expenses);being a third party, knowingly contravenes subsection 353(1) (failure to register);knowingly contravenes subsection 354(2) or 355(3) (ineligible person acting as financial agent or auditor); orbeing a third party, knowingly contravenes subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return); orbeing a third party, contravenes paragraph 357.03(a) or knowingly contravenes paragraph 357.03(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).
The Act is amended by adding the following after section 496:Offences under Division 3 of Part 17 (Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns)
Strict liability offences — summary convictionEvery person is guilty of an offence who, being a third party, contravenessection 358.1 (failure to satisfy bank account requirements);subsection 359(1) (failure to file third-party expenses return) or 359(9) (failure to provide documents evidencing expenses on request);paragraph 359.1(b) (filing third-party expenses return that is substantially incomplete);subsection 361(3) (failure to provide corrected or revised return within specified period); orsubsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).Offences requiring intent — dual procedureEvery person is guilty of an offence who, being a third party,knowingly contravenes subsection 359(1) (failure to file third-party expenses return);contravenes paragraph 359.1(a) or knowingly contravenes paragraph 359.1(b) (filing third-party expenses return that contains false or misleading information or one that is incomplete);knowingly contravenes subsection 361(3) (failure to provide corrected or revised return within specified period); orknowingly contravenes subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).
Subsection 497(1) of the Act is amended by adding the following after paragraph (b):being a person or entity, contravenes subsection 364(9) (paying convention fees while ineligible);2014, c. 12, s. 99Paragraph 497(2)(g) of the Act is replaced by the following:being a person entitled to accept contributions under this Act, knowingly contravenes subsection 368(3) (accepting excessive contribution);
2014, c. 12, s. 99Paragraph 497.1(1)(h) of the Act is replaced by the following:being a chief agent, contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);being a registered party, contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);being a third party, contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);being a registered party or a person acting on behalf of a registered party, contravenes section 429.3 (failure to indicate authority for partisan advertising);being a chief agent, contravenes subsection 431(1) (exceeding election expenses limit);being a third party, contravenes subsection 431(2) (colluding to circumvent election expenses limit);2014, c. 12, s. 99 Paragraph 497.1(3)(f) of the Act is replaced by the following:contravenes subsection 408(5) (making false or misleading declaration);Subsection 497.1(3) of the Act is amended by adding the following after paragraph (h):being a registered agent other than the chief agent, knowingly contravenes subsection 426(2.1) (failure to obtain written authorization to incur registered party’s expenses or incurring them contrary to authorization);being a chief agent, knowingly contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);being a registered party, knowingly contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);being a third party, knowingly contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);
2014, c. 12, s. 99Paragraph 497.2(1)(b) of the Act is replaced by the following:being an electoral district association of a registered party, contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);being a registered association, contravenes section 449.2 (failure to indicate authority for partisan advertising);being an electoral district association of a registered party, contravenes subsection 450(1) (incurring election expenses);2014, c. 12, s. 99Paragraph 497.2(3)(b) of the Act is replaced by the following:being an electoral district association of a registered party, knowingly contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);being an electoral district association of a registered party, knowingly contravenes subsection 450(1) (incurring election expenses);
2014, c. 12, s. 99Paragraph 497.3(1)(f) of the Act is replaced by the following:being a nomination contestant or the financial agent of one, contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);Subsection 497.3(1) of the Act is amended by adding the following after paragraph (p):being a nomination contestant, contravenes subsection 476.82(1) or (3) (failure to send written statement or advise financial agent);2014, c. 12, s. 99Paragraphs 497.3(2)(f) to (h) of the Act are replaced by the following:being a person or entity, knowingly contravenes subsection 476.66(4), (5) or (6) (paying or incurring nomination campaign expenses while ineligible);being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);being a person or entity, contravenes subsection 476.68(2) (circumventing nomination contest expenses limit);Subsection 497.3(2) of the Act is amended by adding the following after paragraph (p):being a nomination contestant, knowingly contravenes subsection 476.82(1) or (3) (failure to send written statement or advise financial agent);2014, c. 12, s. 99Paragraph 497.3(2)(s) of the Act is replaced by the following:being a nomination contestant, contravenes section 476.891 (sending false or misleading declaration);being the financial agent of a nomination contestant, contravenes paragraph 476.9(a) or knowingly contravenes paragraph 476.9(b) (providing document that contains false or misleading information or that is substantially incomplete); or
2014, c. 12, s. 99Paragraphs 497.4(1)(e) and (f) of the Act are replaced by the following:being a candidate, an official agent or a person authorized under paragraph 477.55(c), contravenes subsection 477.52(1) (exceeding election expenses limit) or, being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);being a candidate or an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);Subsection 497.4(1) of the Act is amended by adding the following after paragraph (m):being a candidate, contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);2014, c. 12, s. 99Paragraphs 497.4(2)(d) to (f) of the Act are replaced by the following:being a person or entity other than an official agent, knowingly contravenes subsection 477.47(4) (paying electoral campaign expenses);being a person or entity other than a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(5) (incurring electoral campaign expenses);being a candidate, knowingly contravenes subsection 477.47(5.1) (failure to obtain written authorization to incur election expense or incurring it contrary to authorization);being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying certain expenses);Subsection 497.4(2) of the Act is amended by adding the following after paragraph (h):being a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.551 (entering into contract in relation to electoral campaign without authorization);Subsection 497.4(2) of the Act is amended by adding the following after paragraph (o):being a candidate, knowingly contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);Subsection 497.4(2) of the Act is amended by adding the following after paragraph (q):being a candidate, contravenes section 477.711 (sending false or misleading declaration);
Subsection 497.5(1) of the Act is amended by adding the following after paragraph (p):being a leadership contestant, contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);2014, c. 12, s. 99Paragraph 497.5(1)(s) of the Act is replaced by the following:being the financial agent of a leadership contestant, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); or2014, c. 12, s. 99Paragraph 497.5(2)(j) of the Act is replaced by the following:being a person or entity, knowingly contravenes subsection 478.73(6) (paying certain expenses of leadership contestant while ineligible);Subsection 497.5(2) of the Act is amended by adding the following after paragraph (r):being a leadership contestant, knowingly contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);2014, c. 12, s. 99Paragraph 497.5(2)(u) of the Act is replaced by the following:being a leadership contestant, contravenes section 478.921 (sending false or misleading declaration);being the financial agent of a leadership contestant, contravenes paragraph 478.93(a) or knowingly contravenes paragraph 478.93(b) (providing document that contains false or misleading information or that is substantially incomplete); or
Section 498 of the Act is replaced by the following:
Strict liability offence — summary convictionEvery chief agent of a registered party is guilty of an offence who fails to comply with a requirement of the Commissioner under section 510.001.Offence requiring intent — dual procedureEvery person is guilty of an offence whoknowingly contravenes subsection 479(4) (refusal to obey order to leave office or place); orbeing the chief agent of a registered party, knowingly fails to comply with a requirement of the Commissioner under section 510.001.
Paragraph 499(2)(a) of the Act is replaced by the following:knowingly contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or
2014, c. 12, s. 100(2)Subsections 500(1) and (2) of the Act are replaced by the following:
Punishment — strict liability offencesEvery person who is guilty of an offence under any of subsections 484(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.Punishment — offences requiring intent (summary conviction)Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1) and 489(2), sections 491.1 and 493 and subsections 495(2) and (3), 497.1(2) and 497.2(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
2014, c. 12, s. 100(3)The portion of subsection 500(5) of the Act before paragraph (a) is replaced by the following:Punishment — offences requiring intent (dual procedure)Every person who is guilty of an offence under any of subsections 480(1) and (2), 480.1(1), 481(1) and 482(1), section 482.1, subsections 484(3), 485(2), 486(3) and (4), 487(2), 488(2) and 489(3), section 490, subsection 491(3), section 491.2, subsection 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liableSubsection 500(6) of the Act is replaced by the following:Additional punishment — third partiesEvery third party that is guilty of an offence under paragraph 495.21(1)(a) or (b) or subsection 495.21(2) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount of the funds whose source was a foreign entity that were used, or the amount of the funds that were used to circumvent the prohibition on using funds whose source is a foreign entity.Additional punishment — third partiesEvery third party that is guilty of an offence under paragraph 495.3(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the pre-election period expenses limit in question.Additional punishment — third partiesEvery third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the election period expenses limit in question.
Paragraph 502(1)(e) of the Act is replaced by the following:being a candidate, contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); orParagraph 502(2)(a) of the Act is repealed.Paragraph 502(2)(c) of the Act is replaced by the following:being a candidate or an official agent of a candidate, knowingly contravenes paragraph 43(b) (impersonation of election officer);Paragraph 502(2)(h) of the Act is replaced by the following:contravenes section 281.5 (only one vote);contravenes paragraph 281.7(1)(a) (request or apply for a ballot or special ballot under false name);being a candidate or an official agent of a candidate, commits an offence under subsection 282.7(1) (offering bribe);2014, c. 12, s. 102(3)Paragraph 502(2)(h.1) of the Act is replaced by the following:being a candidate or an official agent of a candidate, commits an offence under subsection 480.1(1) (impersonation); orSubsection 502(2) of the Act is amended by striking out “or” at the end of paragraph (h.2) and by repealing paragraph (i).
2003, c. 19, s. 59(1) and (2); 2014, c. 12, s. 103Section 503 of the Act is replaced by the following:
Deregistered partiesA political party that is deregistered during a pre-election period does not commit an offence under paragraph 495.3(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in section 349.1.Prior expenses applied against spending limitIf subsection (1) applies, then partisan activity expenses, partisan advertising expenses and election survey expenses incurred before the deregistration shall be applied against any maximum amount set out in section 349.1 and, if the limit is exceeded, the political party shall not incur any additional partisan activity expenses, partisan advertising expenses or election survey expenses.Deregistered partiesA political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in section 350.Eligible partyAn eligible party that does not become a registered party during the election period of a general election does not commit an offence under paragraph 496(1)(a) or (2)(a) if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in section 350.Prior expenses applied against spending limitIf subsection (1.2) or (2) applies, then partisan activity expenses, election advertising expenses and election survey expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against any maximum amount set out in section 350 and, if the maximum amount is exceeded, the party shall not incur any additional partisan activity expenses, election advertising expenses or election survey expenses.
2014, c. 12, s. 104Section 505 of the Act is replaced by the following:
Prosecution of third parties — groupsIf a third party that is a group commits an offence under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the person who is responsible for the group or its financial agent commits the offence if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the offence.Prosecution of third parties — vicarious liabilityFor the purpose of a prosecution brought against a third party under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the third party is deemed to be a person and any act or omission of the person who signed the application for registration in respect of the third party — or, in the absence of an application, the person who would have signed it — or the third party’s financial agent, within the scope of that person’s or financial agent’s authority, is deemed to be an act or omission of the third party.Prosecution of third parties — groups or corporations ($50,000)If a third party that is a group or corporation commits an offence under paragraph 495.3(1)(d) or 496(1)(c), the third party is liable on conviction to a fine of not more than $50,000 instead of the punishment set out in subsection 500(1).Prosecution of third parties — groups or corporations ($100,000)If a third party that is a group or corporation commits an offence under paragraph 495.3(2)(e) or 496(2)(e), the third party is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5).
The Act is amended by adding the following after section 508:Violations
ViolationEvery person or entity that contravenes section 281.3, 281.4 or 281.5 or a provision of any of Parts 16, 17 and 18 – or that fails to comply with a requirement of the Chief Electoral Officer under any of those Parts, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner — commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act.
Continuing violationA violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.
How act or omission may be proceeded withIf an act or omission may be proceeded with as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other.
Administrative Monetary Penalties
Purpose of penaltyThe purpose of an administrative monetary penalty is to promote compliance with this Act, and not to punish.
Maximum amount of penaltySubject to subsection (2), the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity.Maximum — sections 363 and 367The maximum administrative monetary penalty for a violation arising from the contravention of section 363 or 367 is an amount equal to twice the amount that was contributed in contravention of that section, plus$1,500, in the case of an individual who contravenes section 363 or 367; and$5,000, in the case of a corporation or an entity that contravenes section 363.
Criteria for penaltyThe amount of an administrative monetary penalty is to be determined taking into accountthe degree of intention or negligence on the part of the person or entity that committed the violation;the harm done by the violation;whether the person or entity derived any advantage from the violation;whether the person or entity made reasonable efforts to mitigate or reverse the violation’s effects;whether the person or entity has taken steps to avoid committing the violation in the future;whether the person or entity has provided all reasonable assistance to the Commissioner with respect to the violation, including reporting it and providing any relevant information;the person’s or entity’s history of compliance with the provisions of this Act;the person’s or entity’s ability to pay the penalty;any aggravating and mitigating circumstances; andany other factor that, in the opinion of the Commissioner, is relevant.NoticeThe Commissioner may take into account a factor under paragraph (1)(j) only if a notice that sets out the factor has been published on his or her Internet site.ConsultationsBefore publishing the notice, the Commissioner shall consult with the Chief Electoral Officer and thenconsult with the Advisory Committee of Political Parties established by subsection 21.1(1); andpublish on his or her Internet site, for the purpose of public consultation, a notice that sets out the proposed factor for at least 30 days.
2014, c. 12, s. 108Subsections 509(1) and (2) of the Act are replaced by the following:
Commissioner of Canada ElectionsThe Commissioner of Canada Elections shall be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, to hold office during good behaviour for a non-renewable term of 10 years and may be removed by the Chief Electoral Officer for cause.RemunerationThe Commissioner shall be paid the remuneration that is fixed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions.
2014, c. 12, ss. 108 and 154Subsection 509(3) of the Act is amended by adding “or” at the end of paragraph (b) and by repealing paragraphs (d) and (e).
2014, c. 12, ss. 108 and 157Sections 509.1 and 509.2 of the Act are replaced by the following:
Position within Office of Chief Electoral OfficerThe position of Commissioner of Canada Elections is within the Office of the Chief Electoral Officer.Deputy head — Financial Administration ActFor the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 occupy their positions.Deputy head — Public Service Employment ActFor the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 occupy their positions.
DutyThe Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced by taking any measure that is provided for in this Act, including byconducting investigations;instituting prosecutions for offences under this Act;entering into compliance agreements;issuing notices of violation that set out an administrative monetary penalty; oraccepting undertakings.
IndependenceAll decisions made and actions taken by the Commissioner under any provision of Part 19 are to be made or taken independently of the Chief Electoral Officer.ClarificationNothing in subsection (1) precludes the Commissioner from consulting with the Chief Electoral Officer in respect of any matter if the Commissioner considers it appropriate to do so.
Power to take measuresThe Commissioner, if he or she considers it to be in the public interest, may take any measures, including incurring any expenses, when exercising or performing any of his or her powers, duties and functions under this Part.
DelegationThe Commissioner may delegate to any member of his or her staff, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties or functions that relate to the issuance of notices of violation or the acceptance of undertakings under this Part.
2014, c. 12, s. 108Section 509.5 of the Act is replaced by the following:
Authorization to assistThe Commissioner may authorize a person employed in the Office of the Chief Electoral Officer to assist the Commissioner in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.1(2) and (3) and in the exercise of his or her power under section 509.4, subject to the terms and conditions that the Commissioner sets.
2014, c. 12, s. 108The portion of section 509.6 of the Act before paragraph (a) is replaced by the following:
Amounts to be paid out of C.R.F.The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Chief Electoral Officer:
2014, c. 12, s. 108The heading before section 510 of the Act is replaced by the following:Investigations
2014, c. 12, s. 108Subsection 510(3) of the Act is replaced by the following:Public officer — Criminal CodeFor the purposes of Part XV of the Criminal Code, any person who is charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.
The Act is amended by adding the following after section 510:
Election expenses return — supporting documentsIn the course of conducting an investigation under section 510 in response to a complaint, the Commissioner may require the chief agent of a registered party to provide by a specified date documents evidencing any expense set out in the party’s election expenses return, including bank statements, deposit slips and cancelled cheques.
Order requiring testimony or written returnIf, on application of the Commissioner or his or her authorized representative, a judge is satisfied by information on oath that there are reasonable grounds to believe that this Act has been contravened or is about to be contravened and that an individual has or is likely to have information that will provide evidence of the contravention, the judge may order the individual toattend as specified in the order and be examined on oath by the Commissioner or the authorized representative on any matter that is relevant to the contravention before an individual, in sections 510.02 to 510.04 referred to as a “presiding officer”, designated in the order; ormake and deliver to the Commissioner or the authorized representative, within the time specified in the order, a written return under oath showing in detail the information that is required by the order.Date for hearing and noticeOn receipt of the application, the judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in the manner that the judge may specify, to the individual against whom the order is sought.RestrictionNo order may be made under subsection (1) against an individual who is alleged to have committed, or who is about to commit, the contravention to which the application relates.When hearing may proceed ex parteA judge may proceed ex parte to hear and determine the application in the absence of the individual against whom the order is sought ifthe Commissioner or the authorized representative establishes to the satisfaction of the judge that the disclosure of any information set out in the application wouldcompromise the identity of a confidential informant,compromise the nature and extent of an ongoing investigation,endanger an individual engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, orprejudice the interests of an innocent individual; orthe judge is satisfied for any reason that the ends of justice would be subverted by the disclosure of the information set out in the application.Sealing packet of documentsIf an order made under subsection (1) is issued ex parte, all documents relating to the application shall, subject to any terms and conditions that the judge considers desirable in the circumstances, including any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (7).Order prohibiting disclosureIf the order made under subsection (1) is issued ex parte, the judge shall make an order prohibiting a person or entity from disclosing, during the period set out in the order,the existence of the application;the existence of the order made under subsection (1); andthe content of any testimony given or of any written return made under the order made under subsection (1).Application for variance of orderAn application to terminate an order made under subsection (6) or to vary any of its terms and conditions may be made to the judge who made the order or a judge of the same court.Effect of orderAn order made under this section has effect anywhere in Canada.
Witness competent and compellableAn individual who is the subject of an order under paragraph 510.01(1)(a) is competent and may be compelled to give evidence.No individual excused from complying with orderNo individual shall be excused from complying with an order that is made under subsection 510.01(1) on the ground that the testimony or written return required of the individual may tend to incriminate the individual or subject them to any proceeding or penalty.Attendance of individual whose conduct is being investigatedAn individual whose conduct is being investigated during an examination conducted under an order under paragraph 510.01(1)(a), and their counsel, may attend the examination unless the Commissioner or the authorized representative, or the individual being examined, establishes to the satisfaction of the presiding officer that the presence of the individual whose conduct is being investigated would be prejudicial to the effective conduct of the examination or the investigation.ExceptionSubsection (3) does not apply in respect of an examination conducted under an order that was issued ex parte.Testimony, evidence and return not receivableSubject to subsection (6), no testimony given by an individual under an order made under paragraph 510.01(1)(a), or written return made by an individual under an order made under paragraph 510.01(1)(b), and no evidence derived from the testimony or written return, shall be used or received against that individual in any civil or criminal proceedings instituted against them, other than a prosecution for an offence under section 482.1 of this Act or section 132 or 136 of the Criminal Code.Part XV of the Criminal CodeInformation contained in the testimony or written return referred to in subsection (5) and information derived from such information may be used in an application under Part XV of the Criminal Code.FeesAn individual who is the subject of an order made under paragraph 510.01(1)(a) is entitled to the fees and allowances for so doing as if they were summoned to attend before a superior court of the province in which the individual is summoned to attend.Representation by counselA presiding officer shall permit an individual who is being examined under an order made under paragraph 510.01(1)(a) to be represented by counsel.
Presiding officerAny individual who is a barrister or advocate of at least ten years standing at the bar of a province, or who has been a barrister or advocate at the bar of a province for at least ten years, may be designated as a presiding officer.Remuneration and expensesA presiding officer is to be paid the remuneration fixed in the order designating them as such, and is entitled to be paid the travel and living expenses, incurred in the performance of their duties under this Act, in accordance with Treasury Board directives.
Administration of oathsThe presiding officer may administer oaths for the purpose of examinations conducted under an order made under paragraph 510.01(1)(a).Orders of presiding officerA presiding officer may make any order that they consider to be proper for the conduct of an examination under an order made under paragraph 510.01(1)(a).Examination to be in privateThe examination before the presiding officer shall be conducted in private.Application to judgeA judge may, on application by a presiding officer, order any individual to comply with an order made by the presiding officer under subsection (2).NoticeNo order may be made under subsection (4) unless the presiding officer has given the individual in respect of whom the order is sought and the Commissioner 24 hours’ notice of the hearing of the application for the order, or any shorter notice that the judge to whom the application is made considers reasonable.
2014, c. 12, s. 108Paragraph 510.1(2)(c) of the Act is replaced by the following:when a prosecution has been instituted under subsection 511(1), information that the Director of Public Prosecutions requires;when a review by the Chief Electoral Officer is requested under section 521.14, information that the Chief Elector Officer requires;Subsection 510.1(2) of the Act is amended by adding the following after paragraph (d):information that is required to be disclosed in the course of an application for judicial review in respect of a decision taken under this Act;Subsection 510.1(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (f):information that, in the Commissioner’s opinion, is necessary in order for a person or entity to provide an undertaking; and
The Act is amended by adding the following after section 510.1:Prosecutions
2006, c. 9, s. 130Section 511 of the Act is replaced by the following:
Commissioner may institute a prosecutionIf the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may institute a prosecution or cause one to be instituted.InformationA prosecution for an offence under this Act is instituted by the laying of an information in writing and under oath before a justice, as defined in section 2 of the Criminal Code.
2006, c. 9, s. 131(1)Subsection 512(1) of the Act is replaced by the following:
Director’s consent requiredNo prosecution for an offence under this Act may be instituted by a person, other than the Commissioner or a person acting under his or her direction, without the prior written consent of the Director of Public Prosecutions provided after consultation with the Commissioner.
2006, c. 9, s. 132Section 513 of the Act is repealed.
2006, c. 9, s. 133(1)Subsections 517(1) and (2) of the Act are replaced by the following:
Power to enter into compliance agreementSubject to subsection (7), if the Commissioner believes on reasonable grounds that a person or entity has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with the person or entity (in this section and sections 518 to 521 called the “contracting party”).Terms and conditionsA compliance agreement may contain any terms and conditions that the Commissioner considers necessary, including a requirement that the contracting party pay a specified amount.
Paragraph 517(3)(a) of the English version of the Act is replaced by the following:advise the prospective contracting party of the right to be represented by counsel and give it an opportunity to obtain counsel; andSubsection 517(4) of the English version of the Act is replaced by the following:Admission of responsibilityA compliance agreement may include a statement by the contracting party in which it admits responsibility for the act or omission that constitutes the offence.2006, c. 9, s. 133(2)Subsections 517(6) to (8) of the Act are replaced by the following:Remittal of matter despite institution of prosecutionIf a prosecution has been instituted, the Director of Public Prosecutions may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — suspend the prosecution and remit the matter back to the Commissioner so that it may be dealt with in that way.Effect of compliance agreementWhen a compliance agreement is entered into,no prosecution may be instituted against the contracting party for an act or omission that led to the agreement unless there is non-compliance with it; andany prosecution of the contracting party instituted before the agreement was entered into for an act or omission that led to the agreement is suspended unless there is non-compliance with the agreement.2006, c. 9, s. 133(2)Subsection 517(10) of the Act is replaced by the following:CopyThe Commissioner shall provide the contracting party with a copy of the compliance agreement, without delay after it is entered into or renegotiated under subsection (9). The Commissioner shall also provide a copy of the compliance agreement to the Director of Public Prosecutions if a prosecution of the contracting party had been instituted before the agreement was entered into.
2006, c. 9, s. 134; 2014, c. 12, s. 110Sections 518 to 521 of the Act are replaced by the following:
If agreement complied withIf the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party. The Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution of the contracting party for an act or omission that led to the agreement had been instituted before the agreement was entered into.Effect of serviceService of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the institution of any prosecution of the contracting party for the act or omission.
If agreement not complied withIf the Commissioner is of the opinion that a contracting party has not complied with a provision of a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing it that, as the case may be,a notice of violation may be served on the contracting party as a result of the failure to comply with the provision of the compliance agreement;a prosecution may be instituted against the contracting party in respect of any act or omission that led to the agreement; orif a prosecution in respect of any act or omission that led to the agreement was suspended by virtue of subsection 517(8), it may be resumed.Copy to Director of Public ProsecutionsThe Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution in respect of any act or omission that led to the agreement had been instituted before the agreement was entered into.
Dismissal of proceedingsThe court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that the contracting party has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party’s performance with respect to the agreement, is of the opinion that the proceedings would be unfair.
PublicationThe Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and the text of the compliance agreement, other than the signatures of the individuals who signed it.
The Act is amended by adding the following after section 521.1:Proceedings in Respect of a ViolationNotice of Violation
Issuance of notice of violationIf the Commissioner believes on reasonable grounds that a person or entity has committed a violation, the Commissioner may issue, and shall cause to be served on the person or entity, a notice of violation thatsets out the person or entity’s name;identifies the provision of this Act that was contravened or the requirement, or the provision of the compliance agreement or undertaking, that was not complied with;identifies the act or omission to which the violation relates;sets out the amount of the administrative monetary penalty for the violation;sets out the particulars concerning the manner of payment;informs the person or entity of their right to request a review by the Chief Electoral Officer or the Commissioner, as the case may be, of the alleged violation or proposed penalty, and sets out the manner for doing so;informs the person or entity that if they provide an undertaking that is accepted by the Commissioner, the proceedings commenced by the notice will be ended; andinforms the person or entity of the consequences of failing to pay the penalty, request a review or provide the Commissioner with an undertaking.Approval of manner of requesting reviewThe manner for requesting a review by the Chief Electoral Officer that is set out in the notice of violation requires the Chief Electoral Officer’s prior approval.Correction or cancellation of notice of violationAt any time before a request for a review in respect of the notice of violation is received by the Chief Electoral Officer or the Commissioner, as the case may be, the Commissioner may cancel the notice of violation or correct an error in it.
Limitation period or prescriptionNo notice of violation may be issued after the expiry of five years after the day on which the Commissioner becomes aware of the act or omission to which the alleged violation relates nor, in any case, later than 10 years after the day on which the act or omission occurred.Certification by CommissionerA document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the act or omission that constitutes the alleged violation, is admissible in evidence without proof of the signature or official character of the individual appearing to have signed it and, in the absence of evidence to the contrary, is proof that the Commissioner became aware of the act or omission on that day.
Undertakings
Provision of undertakingIf a person or entity has committed a violation, they may provide the Commissioner with an undertaking in writing that is aimed at ensuring compliance with this Act.When undertaking may be providedIf a notice of violation has been served on a person or entity, an undertaking in relation to an act or omission to which the notice relates may be provided at any time before the person or entity is deemed to have committed the violation to which the notice relates.ContentsThe Commissioner may accept the undertaking only if the undertakingidentifies, as the case may be,the provision of this Act that was contravened,the requirement of the Chief Electoral Officer that was not complied with, orif the undertaking relates to the failure to comply with a provision of a compliance agreement or another undertaking, the provision of the compliance agreement or other undertaking that was not complied with;identifies the act or omission to which the contravention or the failure to comply relates; andcontains the terms and conditions that the Commissioner considers appropriate, including a requirement that the person or entity pay an amount that is specified in the undertaking in the time and manner set out in the undertaking.Obligation of CommissionerBefore accepting the person’s or entity’s undertaking, the Commissioner shall inform them of the Commissioner’s obligation to publish a notice under subsection 521.34(2).
Review
Request for reviewInstead of paying the amount of the administrative monetary penalty set out in the notice of violation, the person or entity named in the notice of violation may, within 30 days after the day on which the notice of violation is served — or within 30 days after the day on which they are served with a notice informing them that their undertaking has not been accepted — and in the manner specified in the notice of violationrequest a review by the Commissioner with respect to the alleged violation or the penalty, or both, if the amount of the penalty is$500 or less, in the case of a notice of violation that was issued to an individual, or$1500 or less, in the case of a notice of violation that was issued to a corporation or an entity; orrequest a review by the Chief Electoral Officer with respect to the alleged violation or the penalty, or both, if the amount of the penalty ismore than $500, in the case of a notice of violation that was issued to an individual, ormore than $1500, in the case of a notice of violation that was issued to a corporation or an entity.
DecisionIf a review is requested under section 521.14, the Chief Electoral Officer or the Commissioner, as the case may be, shall do one or more of the following:determine, on a balance of probabilities, whether the person or entity committed the violation;confirm or reduce the amount of the administrative monetary penalty; ordetermine that there should be no administrative monetary penalty in respect of the violation.Written evidence and submissionsThe Chief Electoral Officer or the Commissioner, as the case may be, is to consider only written evidence and written submissions when making a decision under subsection (1).Service of decisionThe Chief Electoral Officer or the Commissioner, as the case may be, shall cause a copy of any decision made under subsection (1) to be served on the person or entity that requested the review. The Chief Electoral Officer shall also cause a copy of any decision he or she makes under subsection (1) to be given to the Commissioner.Violation not committed — effectIf the Chief Electoral Officer or the Commissioner, as the case may be, determines under subsection (1) that the person or entity that requested the review did not commit the violation, the proceedings commenced in respect of it are ended.Liability to payThe person or entity that requested the review is liable to pay, within 30 days after the day on which they were served with the copy of the decision and in the manner specified in the notice of violation,the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision; orthe reduced amount of the administrative monetary penalty set out in the decision.
Consequences
Payment of penalty — notice of violationIf, within 30 days after the day on which they were served with a notice of violation, the person or entity named in the notice pays, in the manner specified in the notice, the amount of the administrative monetary penalty set out in the notice,they are deemed to have committed the violation in respect of which the amount is paid;the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; andthe proceedings commenced in respect of the violation are ended.Payment of penalty — review decisionIf, within 30 days after the day on which they were served with the copy of a decision under subsection 521.15(3), the person or entity pays, in the manner specified in the notice of violation to which the decision relates, the amount of the administrative monetary penalty for which they are liable under subsection 521.15(5),they are deemed to have committed the violation in respect of which the amount is paid;the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; andthe proceedings commenced in respect of the violation are ended.
Undertaking accepted before service of notice of violationIf the Commissioner accepts the person’s or entity’s undertaking without a notice of violation having been served on them in connection with an act or omission referred to in the undertaking, no notice of violation may be served on them in connection with an act or omission referred to in the undertaking.Undertaking accepted after service of notice of violationIf the Commissioner accepts the person or entity’s undertaking after a notice of violation has been served on them in connection with an act or omission referred to in the undertaking, the proceeding that was commenced by the notice of violation, including any review requested under section 521.14, is ended.
No action after notice of violation servedIf the person or entity named in the notice of violation fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:pay the administrative monetary penalty set out in the notice in the manner specified in the notice;exercise their right to request a review in the manner specified in the notice; orprovide the Commissioner with an undertaking.
No action taken after undertaking not acceptedIf the person or entity named in the notice informing them that their undertaking has not been accepted fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:pay the administrative monetary penalty set out in the notice in the manner specified in the notice; orexercise their right to request a review in the manner specified in the notice.
Failure to pay after review decisionIf the person or entity does not pay the amount referred to in paragraph 521.15(5)(a) or (b) in the manner specified in the notice of violation to which the decision relates within 30 days after the day on which they are served with the copy of the decision under subsection 521.15(3), they are deemed to have committed the violation identified in the notice of violation.
Miscellaneous
Service — Chief Electoral OfficerService of a copy of a decision of the Chief Electoral Officer must be made in the manner set out on the Chief Electoral Officer’s Internet site.Service — CommissionerService of the following documents must be made in the manner set out on the Commissioner’s Internet site:a notice of violation;a copy of the Commissioner’s decision under section 521.15; anda notice informing a person or entity that their undertaking has not been accepted by the Commissioner.Day of serviceThe day of service of a document referred to in subsection (1) or (2) isif it is left with an individual, the day on which it is left with them;if it is sent by registered mail, the 10th day after the date indicated in the receipt issued by a post office;if it is sent by courier, the 10th day after the date indicated in the courier’s receipt issued to the sender; andif it is sent by electronic means, the day on which it is sent.
Request for reviewA person or entity that is served with a notice of violation may make a request for a review referred to in the notice by delivering the request by hand or by sending it by registered mail, courier or electronic means to a person and place specified in the notice.Day of requestIf a person or entity makes the request, the day on which it is made isif it is delivered by hand, the day on which the request is delivered to the authorized recipient;if it is sent by registered mail or courier, the earlier of the day on which it is received by the authorized recipient and the day indicated in the receipt given to the sender by a post office or courier; andif it is sent by electronic means, the day on which it is sent.
Due diligence defence availableThe Chief Electoral Officer and the Commissioner are not to determine that a person or entity has committed a violation if the person or entity establishes that they exercised due diligence to prevent its commission.
Common law principlesEvery rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for any offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
Deregistered partiesA political party that is deregistered during a pre-election period does not commit a violation arising from the contravention of any of subsections 349.1(1) to (3) or 349.2 if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 349.1(1) to (3), as the case may be.Deregistered partiesA political party that is deregistered during an election period does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 350(1) to (4), as the case may be.Eligible partyAn eligible party that does not become a registered party during the election period of a general election does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in any of subsections 350(1) to (4), as the case may be.
EvidenceIn any proceeding in respect of a violation, a notice of violation or a copy of the decision purporting to be served under this Part is admissible in evidence without proof of the signature or official character of the individual purporting to have signed it.
Violation by officers, etc.If an entity commits a violation, any of the entity’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the entity that actually committed the violation is proceeded against under this Act.
Third parties — groupsIf an entity that is a third party that is a group commits a violation, the person who is responsible for the group or its financial agent commits the violation if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the violation.
Employees or agents or mandatariesA person or entity is liable for a violation that is committed by an employee or agent or mandatary of the person or entity acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.
Personal capacityAn administrative monetary penalty imposed on an individual under this Part is deemed to be imposed on them in their personal capacity regardless of the capacity in which they acted when they committed the violation.
Debts to Her MajestyThe following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:if a person or entity has entered into a compliance agreement with the Commissioner under the terms of which the person or entity is to pay an amount to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the agreement to pay that amount;if a person or entity that is served with a notice of violation does not exercise any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the amount of the administrative monetary penalty set out in the notice of violation that remains unpaid after the expiry of the time set out in the notice to pay the amount;if a person or entity that is served with a notice of violation exercises any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the following amount that remains unpaid after the expiry of 30 days after the day on which they were served with the copy of the Chief Electoral Officer’s or the Commissioner’s decision:the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision, orthe reduced amount of the administrative monetary penalty that is set out in the decision; andif a person or entity has provided an undertaking that is accepted by the Commissioner in which an amount is to be paid to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the undertaking to pay that amount.Limitation period or prescriptionNo proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.Debt finalA debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with.
Certificate of defaultAny debt referred to in subsection 521.31(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Commissioner.JudgmentA certificate made under subsection (1) that is registered in Federal Court has the same force and effect as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate and all proceedings may be taken in respect of the certificate.
Remittance to Receiver GeneralThe amount of an administrative monetary penalty shall be paid to the Commissioner, who shall forward that amount to the Receiver General.
Publication — notice of violationThe Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that is deemed to have committed a violation, identifies the act or omission or the failure to comply to which the violation relates and sets out the amount of the administrative monetary penalty.Publication — accepted undertakingThe Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that provided an undertaking accepted by the Commissioner, along with the text of the undertaking other than the signature of the individuals who signed it.
Section 535 of the Act is replaced by the following:
Report on proposed legislative amendmentsThe Chief Electoral Officer shall, as soon as possible after a general election, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of this Act, and that also sets out, separately, any amendments that are set out in the Commissioner’s report under section 537.2.
The Act is amended by adding the following after section 537:Report of Commissioner
Annual reportThe Commissioner shall, as soon as possible after the end of each year, publish, in the manner and form that he or she considers appropriate, a report on the activities of his or her office during that year. The Commissioner shall not include the details of any investigation.
Report on proposed legislative amendmentsThe Commissioner shall, as soon as possible after a general election, make a report to the Chief Electoral Officer that sets out any amendments that, in the Commissioner’s opinion, are desirable for better compliance with, and the better enforcement of, this Act.
Subsection 538(5) of the English version of the Act is replaced by the following:InstitutionsA returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of two or more institutions where seniors or persons with a disability reside.
Subsection 539(2) of the Act is replaced by the following:TimeNo amendment to the list of electoral districts set out in Schedule 3 may be made later than seven days after the day on which a representation order comes into force and no such amendment becomes effective until notice of it has been published in the Canada Gazette.
The Act is amended by adding the following before section 540:
ReferenceIn section 540, a reference to the Register of Electors includes a reference to the Register of Future Electors.
2014, c. 12, s. 118Subsection 541(1) of the Act is replaced by the following:
Inspection of instructions and other reportsAll documents referred to in section 359, 432, 437, 475.4, 476.75, 477.59 or 478.8, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act and all decisions by him or her on points arising under this Act are public records and may be inspected by any person on request during business hours.
The Act is amended by adding the following after section 541:
Statements of electors who exercise their right to voteThe Chief Electoral Officer shall, within 180 days after the return of the writ, make available in electronic form, or in formats that include electronic form, to each candidate and to each registered party that endorsed a candidate in an electoral district a statement, prepared using documents prepared under paragraph 162(i.1), of electors who exercised their right to vote in the electoral district on polling day who can be identified using those documents.
Section 549 of the Act and the heading before it are replaced by the following:Solemn Declarations and Affidavits
Administration of solemn declarations and affidavitsSolemn declarations and affidavits referred to in this Act are to be received by the person who by this Act is expressly required to receive them and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, an election officer, a unit election officer as defined in section 177, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking oaths in the province.No fees for solemn declaration or affidavitAll solemn declarations and affidavits received under this Act are to be received free of charge.Making false declaration in solemn declaration or affidavitNo person shall make a false declaration in a solemn declaration or affidavit that is provided for by this Act.Compelling or inducing false declarationNo person shall compel, induce or attempt to compel or induce any other person to make a false declaration in a solemn declaration or affidavit that is provided for by this Act.
Solemn declaration — votingFor the purposes of subsections 143(3) and (3.2), sections 144 and 147 and paragraphs 161(1)(b) and 169(2)(b), the solemn declaration by which an elector proves his or her identity and residence, proves his or her residence only, proves that he or she is qualified as an elector or proves that he or she has not previously voted at the election shall be in the prescribed form, which shall include the statements thatthe elector resides at the address at which he or she claims to reside;the elector is 18 years of age or older or will be 18 years of age or older on polling day;the elector is a Canadian citizen; andthe elector has not previously voted in the election and is not an elector to whom section 235 applies.Solemn declaration — vouching for another electorFor the purposes of paragraph 143(3)(b) and subparagraphs 161(1)(b)(ii) and 169(2)(b)(ii), the solemn declaration by which an elector vouches for another elector shall be in the prescribed form, which shall include the statements thatthe other elector resides in a polling division assigned to the polling station;to the best of the elector’s knowledge, the other elector has not previously voted at the election;the elector knows the other elector;the elector is a Canadian citizen when the other elector votes;except in a case referred to in subsection 143(3.01), 161(2) or 169(2.01), the elector has not previously vouched for any other elector at the election; andthe elector has not been vouched for by another elector at the election.
Paragraph 553(b) of the Act is replaced by the following:the remuneration paid to a person engaged or employed under section 20, any remuneration paid to staff referred to in section 19 for overtime work to enable the Chief Electoral Officer to exercise his or her powers and perform his or her duties and functions under this Act and any administration expenses that are incurred for that purpose;
The Act is amended by adding the following after section 554:Judicial Review
When respondent is Chief Electoral OfficerIf an application is made for judicial review of a decision of the Chief Electoral Officer, or of any person to whom the Chief Electoral Officer has delegated any of his or her powers, duties and functions, the Chief Electoral Officer is the respondent in respect of the application.When respondent is CommissionerIf an application is made for judicial review of a decision of the Commissioner, the Commissioner is the respondent in respect of the application.
Schedule 1 to the Act is replaced by the Schedule 1 set out in the schedule to this Act.
2000, c. 9, Sch. 3; 2002, c. 7, s. 95; Canada Gazette Part I, Extra Volume 138, No. 5; Canada Gazette Part I, Extra Volume 149, No. 2Schedule 3 to the Act is amended by replacing “Western Arctic”, under the heading “Northwest Territories”, with “Northwest Territories”.
2014, c. 12, s. 126Paragraph 18(d) of Schedule 4 to the Act is replaced by the following:the judge shall, in the Recount Ballot Box Report, indicate in writing the determination with respect to each disputed ballot and complete the judge’s disposition portion of the report;2014, c. 12, s. 126Paragraph 18(g) of Schedule 4 to the Act is replaced by the following:the judge shall sign the Recount Ballot Box Report, which shall be given, with the judge’s disposition noted on it, to the person responsible for the preparation of the Master Recount Report along with the original statement of the vote.
R.S., c. P-1Parliament of Canada Act
1996, c. 35, s. 87.1Section 31 of the Parliament of Canada Act is amended by adding the following after subsection (1):ExceptionDespite subsection (1), no writ for the election of a member of the House shall be issued if the vacancy occurs in the House of Commons less than nine months before the date fixed under subsection 56.1(2) of the Canada Elections Act for the holding of a general election.
2003, c. 22, ss. 12 and 13Public Service Employment Act
2007, c. 21, s. 40Section 50.1 of the Public Service Employment Act is replaced by the following:
Exception — Office of the Chief Electoral OfficerDespite subsection 50(2), the maximum period of employment of casual workers appointed in the Office of the Chief Electoral Officer — including the portions of the federal public administration in that Office in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions — for the purposes of an election held under that Act or a referendum held under the Referendum Act is 165 working days in one calendar year.
Transitional Provisions
Words and expressions — Canadian Forces electorsWords and expressions used in sections 381 and 382 have the same meaning as in section 177 of the Canada Elections Act, as it read immediately before the day on which section 134 of this Act comes into force.Words and expressions — electors resident outside CanadaWords and expressions used in section 383 have the same meaning as in section 177 of the Canada Elections Act, as it read immediately before the day on which section 153 of this Act comes into force.Words and expressions — other casesWords and expressions used in sections 384 to 389 have the same meaning as in subsection 2(1) of the Canada Elections Act, as it read immediately before the day on which the section in question comes into force.
Deemed place of ordinary residenceFor the purpose of subsection 8(1) of the Canada Elections Act, on the day on which section 134 of this Act comes into force, the place of ordinary residence of a person referred to in paragraph 191(a), (c) or (d) of the Canada Elections Act, as it read immediately before that day, who has made a statement of ordinary residence that has been validated before that day in accordance with paragraph 196(2)(a) of that Act, as it read immediately before that day, is deemed to be the place of ordinary residence identified by that person in their statement of ordinary residence.Retention of validated statementThe commanding officer of the unit in which the person is serving shall retain the validated statement of ordinary residence referred to in subsection (1) for a period of two years after the day on which section 134 of this Act comes into force.Statements to be destroyedSubject to subsection (2), the commanding officer may destroy any original or copy of a statement of ordinary residence that was filed with the unit.
Right to register — Register of ElectorsEach commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is entitled to vote in accordance with section 191 of the Canada Elections Act of the right to ask the Chief Electoral Officer to include the person in the Register of Electors, as defined in subsection 2(1) of that Act, or, if already included in it, to ask for their registration to be updated.Right to register — Register of Future ElectorsEach commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is qualified as a future elector, as defined in subsection 2(1) of the Canada Elections Act, of the right to ask the Chief Electoral Officer to include the person in the Register of Future Electors, as defined in that subsection.
Electors resident outside CanadaIf, before the day on which section 153 comes into force, an application for registration and special ballot is made under Division 3 of Part 11 of the Canada Elections Act but no decision has been made in respect of it, it is deemed to have been made under that Division as it reads on that day.
Coming into force during election periodIf section 1 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights, including obligations to report and rights to reimbursement of election expenses.Prior electionsAll obligations and rights arising out of any election that took place before the day on which section 1 comes into force and that are still outstanding on that day, including obligations to report and rights to reimbursement of election expenses, are subject to the Canada Elections Act as it read immediately before the day on which the writ is issued for that election.Bill C-50Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 1 comes into force but both the other Act and that section come into force during the same election period, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that election and all related obligations and rights, including obligations to report and rights to reimbursement of election expenses.
Registered parties — financial reportingFor the fiscal period of a registered party during which section 268 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered party is to provide in relation to its financial transactions for that fiscal period.
Registered associations — financial reportingFor the fiscal period of a registered association during which section 272 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered association is to provide in relation to its financial transactions for that fiscal period.
Coming into force during nomination contestIf section 282 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations, including obligations to report.Prior nomination contestsAll obligations arising out of any nomination contest that took place before the day on which section 282 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read immediately before the date on which the nomination contest began.Bill C-50Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 282 comes into force but both the other Act and that section come into force during the same nomination contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that nomination contest and all related obligations, including obligations to report.
Coming into force during leadership contestIf section 313 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations, including obligations to report.Prior leadership contestsAll obligations arising out of any leadership contest that took place before the day on which section 313 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read immediately before the day on which the leadership contest began.Bill C-50Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 313 comes into force but both the other Act and that section come into force during the same leadership contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that leadership contest and all related obligations, including obligations to report.
Commissioner of Canada Elections — continuation of termThe person who holds the office of Commissioner of Canada Elections immediately before the day on which section 351 comes into force continues in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act, as enacted by that section 351. However, his or her term of office begins on the day on which he or she was actually appointed.
Definition of former portionFor the purposes of this section, former portion means the portion of the federal public administration in the Office of the Director of Public Prosecutions in which, immediately before the day on which this section comes into force, the employees referred to in section 509.3 of the Canada Elections Act occupied their positions.Transfer of appropriationsAny amount that was appropriated, for the fiscal year in which this section comes into force, for defraying the charges and expenses in respect of the former portion and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Chief Electoral Officer for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.Continuation of legal proceedingsAny action, suit or other legal proceedings to which the Director of Public Prosecutions is a party relating to the former portion that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Chief Electoral Officer in the same manner and to the same extent as it could have been continued by or against the Director of Public Prosecutions.Employment continuedNothing in this Act is to be construed as affecting the status of an employee who, immediately before the day on which this section comes into force, occupied a position in the former portion, except that the employee shall, beginning on that day, occupy their position in the Office of the Chief Electoral Officer.
Consequential AmendmentsR.S., c. A-1Access to Information Act
2014, c. 12, s. 146Section 16.31 of the Access to Information Act is repealed.
R.S., c. E-3Electoral Boundaries Readjustment Act
The definition Chief Electoral Officer in subsection 2(1) of the Electoral Boundaries Readjustment Act is replaced by the following:Chief Electoral Officer means the Chief Electoral Officer under the Canada Elections Act; (directeur général des élections)
R.S., c. F-11Financial Administration Act
2003, c. 22, s. 11Schedule IV to the Financial Administration Act is amended by striking out the following:The portion of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positionsLe secteur de l’administration publique fédérale faisant partie du Bureau du directeur des poursuites pénales dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste
Schedule IV to the Act is amended by adding the following in alphabetical order:The portion of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positionsLe secteur de l’administration publique fédérale faisant partie du bureau du directeur général des élections dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste
2006, c. 9, s. 121Director of Public Prosecutions Act
2014, c. 12, s. 150Subsection 3(2) of the Director of Public Prosecutions Act is replaced by the following:Rank and statusThe Director has the rank and status of a deputy head of a department.Subsection 3(8) of the Act is replaced by the following:Duties — election-related mattersThe Director conducts prosecutions on behalf of the Crown with respect to any offences under the Canada Elections Act, as well as any appeal or other proceeding related to such a prosecution.
2014, c. 12, s. 151Subsection 6(4) of the Act is replaced by the following:Other powers, duties and functionsUnder the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament.
2014, c. 12, s. 152Subsections 16(1) and (1.1) of the Act are replaced by the following:
Annual reportThe Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director — except in relation to matters referred to in subsection 3(8) — in the immediately preceding fiscal year.
SOR/78-148Special Voting Rules
RepealThe Special Voting Rules are repealed.
Coordinating Amendments
C-50Subsections (2) to (4) apply if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this section referred to as the “other Act”) receives royal assent.If section 1 of this Act comes into force before the other Act, then sections 1, 3 to 8, 10, 13 and 14 of the other Act are repealed.If the other Act comes into force before section 1 of this Act, thensubsections 2(1) and 280(1), section 281 and subsections 342(1) and (4) of this Act are repealed;subsection 282(1) of this Act is replaced by the following:
2014, c. 12, s. 86Paragraph 476.75(2)(a.1) of the Act is replaced by the following:a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;a statement of travel and living expenses;a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;a statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);
subsection 313(1) of this Act is replaced by the following:
2014, c. 12, s. 86Paragraph 478.8(2)(a.1) of the Act is replaced by the following:a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;a statement of travel and living expenses;a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;a statement of leadership campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);
sections 476.01, 476.02, 478.01 and 478.02 of the Canada Elections Act are repealed.If the other Act comes into force on the same day as section 1 of this Act, then that section 1 is deemed to have come into force before the other Act and subsection (2) applies as a consequence.
C-58Subsections (2) and (3) apply if Bill C-58, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”) receives royal assent.If section 391 of this Act comes into force before paragraph 41(k) of the other Act, thenthat paragraph 41(k) is deemed never to have come into force and is repealed; andsection 16.3 of the English version of the Access to Information Act is amended by replacing “this Act” with “this Part”.If paragraph 41(k) of the other Act comes into force on the same day as section 391 of this Act, then that paragraph 41(k) is deemed to have come into force before that section 391.
Coming into Force
Six months after royal assentThis Act, other than sections 351, 389, 399 and 400, comes into force on the day that, in the sixth month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent — or, if that sixth month has no day with that number, the last day of that sixth month — unless, before then, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations for the bringing into operation of this Act, or of a specified provision of this Act, have been made and that this Act or the specified provision may come into force accordingly, in which case this Act or the provision, as the case may be, comes into force on the day on which the notice is published.
(Section 375)(Section 58)Writ of ElectionDeputy of the Governor GeneralELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.To of GREETING:WHEREAS, by and with the advice of OUR PRIME MINISTER OF CANADA, We have ordered a PARLIAMENT TO BE HELD AT OTTAWA, on the day of next. (Omit the foregoing preamble in case of a by-election.)WE COMMAND YOU that, notice of the time and place of election being duly given,YOU DO CAUSE election to be made according to law of a member to serve in the House of Commons of Canada for the said electoral district in the Province aforesaid (in case of a by-election: in the place of );AND YOU DO CAUSE the closing day for the nomination of candidates to be ;And if a poll becomes necessary, that the poll be held on ;AND YOU DO CAUSE the name of that member when so elected, whether present or absent, to be certified to Our Chief Electoral Officer, as by law directed (in case of a by-election, omit the following) as soon as possible and not later than the day of (year).Witness:, Deputy of Our Right Trusty and Well-beloved , Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, GOVERNOR GENERAL AND COMMANDER-IN-CHIEF OF CANADA.At Our City of , on and in the year of Our Reign.BY COMMAND,Chief Electoral Officer(Section 62)Notice of Election form (Subsections 116(1) and 138(1))Form of Ballot PaperFrontFront view of form of ballot paper with sample names and white circles next to each name all on a black backgroundForm of Ballot PaperBackBack view of form of ballot paper(Section 186)Form of Special Ballot Paper