C-6514470-71Elizabeth II – 1-2 Charles III2021-2022-2023-2024An Act to amend the Canada Elections ActElectoral Participation ActElectoral Participation Act20243
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MINISTER OF PUBLIC SAFETY, DEMOCRATIC INSTITUTIONS AND INTERGOVERNMENTAL AFFAIRS 91157SUMMARYThis enactment amends the Canada Elections Act to, among other things,provide for two additional days of advance polling;authorize returning officers to constitute polling divisions that consist of a single institution, or part of an institution, where seniors or persons with a disability reside and provide for the procedures for voting at polling stations in those polling divisions;update the process for voting by special ballot;provide for the establishment of offices for voting by special ballot at post-secondary educational institutions;provide for new requirements relating to political parties’ policies for the protection of personal information;establish new prohibitions and modify existing prohibitions, including in relation to foreign influence in the electoral process, the provision of false or misleading information respecting elections and the acceptance or use of certain contributions; andexpand the scope of certain provisions relating to the administration and enforcement of that Act, including by granting the Commissioner of Canada Elections certain powers in respect of any conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, a contravention of that Act.The enactment also provides that the Chief Electoral Officer must make a report on the measures that need to be taken to implement a three-day polling period, a report on the measures that need to be taken to enable electors to vote at any place in their polling station, a report on the feasibility of enabling electors to vote at any polling station in their electoral district and a report proposing a process for the determination of whether a political party has as one of its fundamental purposes the promotion of hatred against an identifiable group of persons.His 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 Electoral Participation Act.
2000, c. 9Canada Elections Act
The definition polling station in subsection 2(1) of the Canada Elections Act is replaced by the following:polling station means a place established under section 120, 122, 124, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)Canada Elections ActExisting text of the definition:polling station means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)
2018, c. 31, s. 15Subsections 18.1(2) to (4) of the Act are replaced by the following:Alternative votingThe Chief Electoral Officer may devise and test an alternative voting process for future use in one or more elections.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 one or more elections.Prior approvalAn alternative voting process or voting technology tested under subsection (2) or (3) may, with the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters, be used in one or more elections held within six years after the day on which the approval is granted.NotificationEach time an alternative voting process or voting technology approved for use under subsection (4) is to be used, the Chief Electoral Officer shall notify the committees of the election in which it is to be used and the way in which it is to be used.Minor modificationsThe Chief Electoral Officer may make modifications in relation to an alternative voting process or voting technology approved for use under subsection (4) that are, in the Chief Electoral Officer’s opinion, minor technical or operational modifications.Existing text subsections 18.1(2) to (4):The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.Neither 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.
2006, s. 9, s. 175Section 25 of the Act is replaced by the following:
List in Canada GazetteBetween the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, municipality (or equivalent) and province of residence and occupation of the returning officer for each electoral district in Canada.
Existing text of section 25:
Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.
2007, c. 10, s. 1Subsection 56.1(2) of the Act is replaced by the following:Election datesSubject to subsection (1), each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election. However, if Monday, October 20, 2025 would be the day fixed for voting at a general election under this subsection, that general election must instead be held on Monday, October 27, 2025.Existing text of subsection 56.1(2):Subject to subsection (1), each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, October 19, 2009.
2007, c. 10, s. 1Subsections 56.2(1) and (2) of the Act are replaced by the following:
Alternate dayIf the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall, no later than March 1 in the year before the year in which the general election is to be held, recommend to the Governor in Council that polling day be that other day and provide the Governor in Council with the reasons for the Chief Electoral Officer’s opinion and recommendation.For greater certaintyFor greater certainty, the Chief Electoral Officer may carry out any consultations the Chief Electoral Officer considers appropriate before recommending that polling day be another day.Publication of recommendationIf the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), the Chief Electoral Officer shall without delay publish in the Canada Gazette notice of the day recommended and the reasons provided under subsection (1).
Existing text of subsections 56.2(1) and (2):
If the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall recommend to the Governor in Council that polling day be that other day.If the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), he or she shall without delay publish in the Canada Gazette notice of the day recommended.
2007, c. 10, s. 1Subsections 56.2(4) and (5) of the Act are replaced by the following:LimitationThe alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or a Monday in the two weeks before or after the week in which the election would otherwise be held.Timing of proclamationAn order under subsection (3) shall not be made after September 1 in the year before the year in which the general election is to be held.Rejection of recommendationIf the Governor in Council rejects the recommendation, the Chief Electoral Officer shall exercise any of the Chief Electoral Officer’s powers under this Act that the Chief Electoral Officer considers necessary for the purpose of enabling electors to exercise their right to vote.Existing text of subsections 56.2(4) and (5):The alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week.An order under subsection (3) shall not be made after August 1 in the year in which the general election is to be held.
Paragraphs 66(1)(e) to (g) of the Act are replaced by the following:for any electoral district except one listed in Schedule 3, the names, addresses and signatures of at least 75 electors resident in the electoral district;for an electoral district listed in Schedule 3, the names, addresses and signatures of at least 50 electors resident in the electoral district; andRelevant portion of subsection 66(1):
A nomination paper shall be in the prescribed form and include for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the electoral district;for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district;the name, address and signature of the witness to each signature made under paragraph (e) or (f); and
2018, c. 31, s. 53(8)Subsection 66(4) of the Act is repealed.Existing text of subsection 66(4):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.
2018, c. 31, s. 54Subsection 67(1) 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 during the period that begins on one of the following days and ends on the closing day for nominations:the first day of the pre-election period 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; andthe date of the issue of the Notice of Election in any other case.
Existing text of subsection 67(1):
A 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.
Section 69 of the Act is replaced by the following:
Closing day for nominationsThe closing day for nominations shall be Saturday, the 23rd day before polling day.
Existing text of section 69:
The closing day for nominations shall be Monday, the 21st day before polling day.
Subsection 71(1) of the Act is replaced by the following:
Notice to candidate of confirmation or refusalThe returning officer shall, not later than 96 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.
Existing text of subsection 71(1):
The returning officer shall, not later than 48 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.
Section 71 of the Act is amended by adding the following after subsection (3):Confirmation of nomination — pre-election periodA confirmation of a nomination that is given during the pre-election period does not have effect until the date of the issue of the Notice of Election.New.
2018, c. 31, s. 58Subsection 71.1(5) of the Act is replaced by the following:Notice of name to appear on ballotThe returning officer shall, not later than 96 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.Existing text of subsection 71.1(5):The 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 inCla subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.
2018, c. 31, s. 61Subsection 91(2) of the Act is replaced by the following:ClarificationSubsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published and regardless of the manner or medium in which the false statement is made or published.Existing text of subsection 91(2):Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.
The Act is amended by adding the following after section 92:
Conveying false or misleading information — nomination paperNo person or entity shall convey or cause to be conveyed false or misleading information to be included in a nomination paper.
Filing nomination paper — false or misleading informationNo person who files a nomination paper under section 67 shall file a nomination paper containing false or misleading information.
New.
2018, c. 31, s. 62Subsection 93(1.1) of the Act is replaced by the following: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 if the partywas represented in the House of Commons on the day before the day on which the writ was issued;endorsed a candidate in one of the last two elections in that electoral district; orendorsed candidates in at least two thirds of all electoral districts in the last general election.Electoral Boundaries Readjustment ActFor the purposes of paragraph (1.1)(b), if the boundaries of an electoral district are revised or a new electoral district is established as a result of a representation order referred to in section 25 of the Electoral Boundaries Readjustment Act, a candidate who, in one of those last two elections, was endorsed in an electoral district that coincides with all or part of the revised electoral district or new electoral district is considered to have been endorsed in the revised or new electoral district.Existing text of subsection 93(1.1):The 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.
2007, c. 21, s. 14(1)(F)The portion of subsection 95(2) of the Act before paragraph (a) is replaced by the following:Contents of noticeSubject to subsection (2.1), the notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicateRelevant portion of subsection 95(2):The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicateSection 95 of the Act is amended by adding the following after subsection (2):Contents of notice — polling stations in institutionsIn the case of an elector whose polling station is established under subsection 124(1), the notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicatethe address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;the dates on which and hours during which the polling station is open;the fact that proof of the elector’s identity will be required before the elector is allowed to vote at the elector’s polling station;the dates of advance polls and the voting hours and locations of advance polling stations;the fact that proof of the elector’s identity and residence will be required before the elector is allowed to vote at an advance polling station; anda telephone number to call for more information.New.
2014, c. 12, s. 33Subsection 96(1) of the Act is replaced by the following:
Revision of preliminary lists of electorsThe Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall end at 6:00 p.m. on the 5th day before polling day.
Existing text of subsection 96(1):
The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.
Section 102 of the Act is replaced by the following:
Notice of confirmation of registrationEach returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsection 95(2) or (2.1), as the case may be, and subsection 95(3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).
Existing text of section 102:
Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).
2018, c. 31, s. 70Sections 105 and 106 of the Act are replaced by the following:
Revised list of electorsEach returning officer shall, on the 12th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.Publication of revised listsThe Chief Electoral Officer shall, not later than the 6th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.
Official list of electorsEach returning officer shall, without delay after the 6th 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.
Existing text of sections 105 and 106:
Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.The Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.
Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.
The Act is amended by adding the following after section 109:Exclusion of Information
ElectorAt the written request of an elector, the Chief Electoral Officer shall exclude, for a period of five years, the elector’s name and address, as well as the identifier assigned to them by the Chief Electoral Officer, from the lists made available to registered parties, eligible parties, members or candidates under subsection 45(1) or 93(1.1), section 94, 104.1 or 104.2 or subsection 107(3) or (4) or 109(2).PublicationThe Chief Electoral Officer shall publish each year, in a manner that the Chief Electoral Officer considers appropriate, the number of requests received the preceding year under subsection (1).
New.
2014, c. 12, s. 41Paragraphs 119(1)(g) and (h) of the Act are replaced by the following:a ballot box for polling day and one or more ballot boxes for advance polling;the text of the solemn declarations to be made by electors; andRelevant portion of subsection 119(1):
Before 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 with a ballot box for polling day and a separate ballot box for each day of advance polling;the text of the oaths to be administered to electors; and
The Act is amended by adding the following before section 125:
Polling station consisting of long-term care institutionIf a polling division consisting of one institution or a part of an institution is constituted under subsection 538(5), the returning officer shall establish a polling station in the institution or part of the institution.Opening periodThe returning officer shall open a polling station established under subsection (1) for the days and hours — during the period that begins on the 13th day before polling day and ends on polling day — that the returning officer considers necessary to give electors residing in the institution or part of the institution, as the case may be, a reasonable opportunity to vote, but the polling station is not to be open for a total of more than 12 hours during that period.NoticeThe returning officer shall give notice to the candidates of the days and hours that a polling station established under subsection (1) is open in accordance with the instructions of the Chief Electoral Officer.Provisions applicable to polling stationSubject to section 125.01 and the instructions of the Chief Electoral Officer, the provisions of this Act that relate to polling stations shall, in so far as they are applicable, apply to a polling station established under subsection (1).
New.
Subsection 125(4) of the Act is replaced by the following:Provisions applicable to mobile pollsSubject to section 125.01 and the instructions of the Chief Electoral Officer, the provisions of this Act that relate to polling stations shall, in so far as they are applicable, apply to mobile polling stations.Existing text of subsection 125(4):Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.
The Act is amended by adding the following after section 125:
Exceptions — proof of residenceSubject to the instructions of the Chief Electoral Officer, if an elector whose place of ordinary residence is in an institution or part of an institution in which a polling station is established under subsection 124(1) or 125(1) wishes to vote at the polling station, vouch for another elector at the polling station or register their name on the list of electors in person at the polling station, the following rules apply:the elector is not required to provide proof of residence for the purposes of subsection 143(2) or paragraph 161(1)(a) or prove residence for the purposes of subsection 143(3), section 144, subsection 147(1), section 148 or paragraph 161(1)(b);for the purposes of paragraphs 143(2)(a) and (b) and (3)(a) and 161(1)(a) and subparagraph 161(1)(b)(i), the elector is not required to provide pieces of identification that contain the elector’s address, establish the elector’s address or contain an address that proves the elector’s residence or is consistent with information related to the elector that appears on the list of electors;if the elector makes the solemn declaration referred to in subsection 549.1(1) for the purposes of subsection 143(3), section 144, subsection 147(1), section 148 or paragraph 161(1)(b), the solemn declaration is not required to include the statement referred to in paragraph 549.1(1)(a);if the elector makes the solemn declaration referred to in subsection 549.1(2) for the purposes of paragraph 143(3)(b) or subparagraph 161(1)(b)(ii), the solemn declaration is not required to include the statement referred to in paragraph 549.1(2)(a);for the purposes of subsections 143(3.01), 143.1(1), 161(2) and 161.1(1), the elector may decide to prove identity only;for the purposes of subsection 143(4), the election officer is deemed to be satisfied that the elector’s residence has been proven;if the elector makes the solemn declaration referred to in section 146 or the solemn declaration referred to in the subsection 161(4) for the purposes of that section or subsection, that solemn declaration is not required to include the statement that the elector resides at the address at which the elector claims to reside; andfor the purposes of subsection 148.1(1), the elector is deemed to have proven residence in accordance with section 143.
New.
Paragraph 127(a) of the Act is replaced by the following:in person at a polling station on polling day or at a polling station established under subsection 124(1);Relevant portion of section 127:
An elector may votein person at a polling station on polling day;
Paragraph 135(1)(e) of the English version of the Act is replaced by the following:an elector and a person who is assisting the elector by virtue of subsection 155(1), only for the period necessary to enable the elector to vote;Relevant portion of subsection 135(1):
The only persons who may be present at a polling station on polling day are an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote;
The Act is amended by adding the following after section 140:
Opening of polling station in long-term care institutionWhen a polling station established under subsection 124(1) opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present,on the first day that the polling station is open,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, subject to section 157, ensure that the box remains there until the polling station closes on that day; andon each subsequent day, if any, that the polling station is open, place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day.Close of polling stationAt the close of the polling station on each day that it is open, an election officer who is assigned to the 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 polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the polling station, then an election officer who is assigned to the 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 at the polling station, note may be taken when the polling station closes;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 at the polling station, 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 their custody in accordance with the Chief Electoral Officer’s instructions.Ballot boxesSubsections 175(6) to (9) apply in respect of each ballot box used at the polling station.
New.
2018, c. 31, s. 101(1)(E)Subsection 155(1) of the Act is replaced by the following:
Assistance by personIf an elector requires assistance to vote, a person may accompany the elector into the voting compartment and assist the elector to mark their ballot.
Existing text of subsection 155(1):
If 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.
2018, c. 31, s. 101(4)(F)Subsection 155(3) of the Act is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).Relevant portion of subsection 155(3):A 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 she has not, during the current election, assisted another person, as a friend, to mark a ballot.
Section 158 of the Act is amended by adding the following after subsection (3):Transfer certificate for elector in certain circumstancesAn elector whose name appears on the list of electors for a polling station and who, on polling day, attends at another polling station in the same electoral district is entitled on request to receive a transfer certificate to vote at that other polling station if they make a solemn declaration, in the prescribed form, that they are unable to attend at the polling station for which their name appears on the list of electors before its close.New.
2018, c. 31, s. 115(3)Subsection 168(8) of the Act is replaced by the following:Advance polling stations in one or more communitiesIf 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 one or more of those communities, that shall be open for the days and hours, during the period that begins on the 11th day before polling day and ends on the 6th day before polling day, that the returning officer considers necessary to give electors who reside in the district a reasonable opportunity to vote. For greater certainty, subsections (5) to (7) apply to the advance polling station.Existing text of subsection 168(8):If 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.
Section 168.1 of the Act is amended by adding the following after subsection (4):Transfer certificate for elector in certain circumstancesAn elector whose name appears on the revised list of electors for an advance polling station established under subsection 168(8) and who attends at another advance polling station in the same electoral district is entitled on request to receive a transfer certificate to vote at that other polling station if they make a solemn declaration, in the prescribed form, that they are unable to attend at the advance polling station for which their name appears on the revised list of electors before its close.New.
2018, c. 31, s. 119Subsection 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 Thursday, Friday, Saturday, Sunday, Monday and Tuesday, the 11th, 10th, 9th, 8th, 7th and 6th days, respectively, before polling day, and shall not be open at any other time.Existing text of subsection 171(2):An 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.
2018, c. 31, s. 122Paragraph 175(1)(b) of the Act is replaced by the following:on the 2nd, 3rd, 4th, 5th and 6th 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.(1) Relevant portion of subsection 175(1):
At 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 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.
2018, c. 31, s. 122Subsection 175(2) of the Act is replaced by the following:Close of advance polling stationAt the close of an advance polling station at 9:00 p.m. on each of the six 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.Existing text of subsection 175(2):At 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.2018, c. 31, s. 122Paragraph 175(4)(a) of the Act is replaced by the following: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 six days of advance polling;Relevant portion of subsection 175(4):The 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;2018, c. 31, s. 122Subsection 175(7) of the French version of the Act is replaced by the following:Mandat pour lieu d’habitation ou pour véhiculeDans le cas où l’urne à recouvrer se trouve dans un lieu d’habitation ou dans un véhicule, le directeur du scrutin ne peut y entrer sans le consentement de l’occupant ou du propriétaire que s’il accompagne un agent de la paix muni d’un mandat décerné en vertu du paragraphe (8).Existing text of subsection 175(7):Dans le cas où l’urne à recouvrer se trouve dans un lieu d’habitation ou dans un véhicule, le directeur du scrutin ne peut y entrer sans le consentement de l’occupant que s’il accompagne un agent de la paix muni d’un mandat décerné en vertu du paragraphe (8).2018, c. 31, s. 122Paragraph 175(8)(c) of the French version of the Act is replaced by the following:soit l’occupant ou le propriétaire a refusé l’entrée au directeur du scrutin, soit il y a des motifs raisonnables de croire que tel sera le cas ou qu’il sera impossible pour le directeur d’obtenir le consentement de l’un de ceux-ci.Relevant portion of subsection 175(8):Sur demande ex parte présentée par le directeur du scrutin, un juge de paix peut décerner un mandat autorisant un agent de la paix à entrer dans un lieu d’habitation ou dans un véhicule, accompagné du demandeur, s’il est convaincu, sur la foi d’une dénonciation sous serment, que les conditions suivantes sont réunies : soit l’occupant a refusé l’entrée au directeur du scrutin, soit il y a des motifs raisonnables de croire que tel sera le cas ou qu’il sera impossible d’obtenir le consentement de l’occupant.
Subsection 176(1) of the Act is replaced by the following:
Collecting the record of votes cast at an advance polling stationAs soon as possible after the close of advance polling stations on Tuesday, the 6th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.
Existing text of subsection 176(1):
As soon as possible after the close of advance polling stations on Monday, the 7th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.
Section 224 of the Act is replaced by the following:
Prohibition — change of addressThe address indicated as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.
Existing text of section 224:
The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.
2018, c. 31. s. 157Subsection 232(1) of the Act is replaced by the following:
Conditions for voting by special ballotAn elector may vote under this Division if the elector’s application for registration and special ballot, which may be submitted in writing or in electronic form, is received by a returning officer in an electoral district or by the special voting rules administrator during the pre-election period or after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.
Existing text of subsection 232(1):
An 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.
Section 235 of the Act is replaced by the following:
Vote by special ballot onlyOnce an elector’s application for registration and special ballot has been accepted, the elector may vote only under this Division unless the electoris authorized by the returning officer to vote other than under this Division;returns the special ballot and outer envelope that the elector received to a designated election officer in person atthe office of the returning officer in the elector’s electoral district,the elector’s advance polling station, orthe elector’s polling station; ormakes the solemn declaration referred to in subsection 549.1(1) in writing.
Existing text of section 235:
Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.
2018, c. 31, s. 162Subsection 239(2) of the Act is replaced by the following: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 ensurethat the ballot is received at the office of that returning officer before the close of the polling stations on polling day by sending the sealed outer envelope to the returning officer by mail or any other means; orthat the ballot is received at a polling station in that district before the closing of the polling stations on polling day by depositing the sealed outer envelope in a ballot box for the deposit of outer envelopes installed under subsection (2.1).Installation of ballot boxes for special ballotsThe returning officer shall install a ballot box for the deposit of outer envelopes during voting hours on polling day in each polling station in the electoral district except polling stations within locations specified by the Chief Electoral Officer.Locations without ballot boxes for special ballotsThe Chief Electoral Officer shall, not later than the 6th day before polling day, publish a list of locations within which a ballot box for the deposit of outer envelopes is not to be installed at polling stations on the Chief Electoral Officer’s Internet site and cause that list to be published in the Canada Gazette.Ballot boxes at close of polling stationAt the close of a polling station, an election officer who is assigned to the 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 in respect of the outer envelopes deposited in ballot boxes.Existing text of subsection 239(2):In 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.
2018, c. 31, s. 165Subsection 243.01(1) of the Act is replaced by the following:
Assistance by personIf an elector requires assistance to vote, a person may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark their ballot.
Existing text of subsection 243.01(1):
If 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.
2018, c. 31, s. 165Subsection 243.01(2) of the Act is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).Relevant portion of subsection 243.01(2):A 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 she has not, during the current election, assisted another person, as a friend, to mark a ballot.
The Act is amended by adding the following after section 243.1:
Voting in post-secondary educational institutionsThe Chief Electoral Officer shall notify the post-secondary educational institutions that the Chief Electoral Officer considers appropriate that offices for voting by special ballot may be established on their premises in a general election.Establishment of officeA returning officer shall, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish an office for voting by special ballot on the premises of a post-secondary educational institution in the returning officer’s electoral district ifan office for voting by special ballot was established on the institution’s premises for the general election held in 2019 and the institution agrees to the establishment of an office for voting by special ballot on its premises; orthe institution requests the returning officer to establish an office for voting by special ballot on its premises.Application and voting in officeAn elector who applies in person to vote at an office established under subsection (2) shall be given a special ballot and may vote by following the procedure set out in subsections 227(2) and (3) and return the outer envelope to an election officer at any such office.Voting in officeAn elector who has received a special ballot, other than an elector referred to in subsection (3), may vote in person at an office established under subsection (2) by following the procedure for voting set out in subsections 227(2) and (3) and return the outer envelope to an election officer at that office.Opening periodAn office established under subsection (2) may be open during the period that begins on the 15th day before polling day and ends at 6:00 p.m. on the 8th day before polling day, but the office is not to be open for more than 12 hours each day that it is open during that period.
New.
Section 269 of the Act is amended by adding the following after subsection (2):Only registered partyNo special ballot shall be rejected for the sole reason that the elector has written, instead of the name of a candidate, the name of a registered party that has endorsed a candidate in the elector’s electoral district, if the ballot clearly indicates the elector’s intent. The ballot is deemed to have the name of the candidate endorsed by that party written on it.New.
Section 279 of the Act is amended by adding the following after subsection (3):Only registered partyNo special ballot shall be rejected for the sole reason that the elector has written, instead of the name of a candidate, the name of a registered party that has endorsed a candidate in the elector’s electoral district, if the ballot clearly indicates the elector’s intent. The ballot is deemed to have the name of the candidate endorsed by that party written on it.New.
2018, c. 31, s. 190Paragraph 281.7(1)(f) of the Act is replaced by the following:alter, deface or destroy a ballot, a special 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;Relevant portion of subsection 281.7(1):
No person shall 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; destroy, 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.
2018, c. 31, s. 190Paragraph 281.7(1)(i) of the Act is replaced by the following:destroy, take, open or otherwise interfere with a ballot box, inner or outer envelope or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.
2018, c. 31, s. 190Subsection 282(1) of the Act is repealed.Existing text of subsection 282(1):
At 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.
2018, c. 31, s. 190The portion of subsection 282.4(1) of the Act before paragraph (a) is replaced by the following:
Undue influence by foreignersNo person or entity referred to in any of paragraphs (a) to (e) shall unduly influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, potential candidate, registered party or eligible party, at an election:
Relevant portion of subsection 282.4(1):
No 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: 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;
2018, c. 31, s. 190Paragraph 282.4(1)(b) of the Act is replaced by the following:a corporation or entity incorporated, formed or otherwise organized outside Canada if it does not carry on business in Canada or one of the primary activities that it carries 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, potential candidate, registered party or eligible party, at an election;2018, c. 31, s. 190The portion of subsection 282.4(2) of the Act before paragraph (b) is replaced by the following: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, potential candidate, registered party or eligible party, at an election ifthey knowingly incur any expense to directly promote or oppose a candidate or potential candidate in that election, a registered party or eligible party that has endorsed a candidate or potential candidate in that election or the leader of such a registered party or eligible party; orRelevant portion of subsection 282.4(2):For 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;2018, c. 31, s. 190The portion of subsection 282.4(3) of the Act before paragraph (a) is replaced by the following: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, potential candidate, registered party or eligible party, consists ofRelevant portion of subsection 282.4(3):For 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 of a statement by them that encourages the elector to vote or refrain from voting for any candidate or registered party in the election; or2018, c. 31, s. 190Paragraph 282.4(3)(b) of the Act is replaced by the following:a statement by them that encourages the elector to vote or refrain from voting for any candidate, potential candidate, registered party or eligible party in the election; or2018, c. 31, s. 190Subsection 282.4(5) of the Act is replaced by the following: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 partisan advertising message or to cause an election advertising message or partisan advertising message to be transmitted.Existing text of subsection 282.4(5):No 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.
Paragraph 284(1)(a) of the Act is replaced by the following:that has not been supplied by an election officer;Relevant portion of subsection 284(1):
In examining the ballots, the election officer who counts the votes shall reject onethat has not been supplied by him or her;
2018, c. 31, s. 212Subsection 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, potential candidate, registered party or eligible party, at an election, use a broadcasting station outside Canada, or aid, abet, counsel or procure the use of a broadcasting station outside Canada, for the broadcasting of any matter having reference to an election.
Existing text of subsection 330(1):
No 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.
2018, c. 31, s. 222(2)The portion of paragraph (a) of the definition third party in section 349 of the Act before subparagraph (i) is replaced by the following:in Divisions 0.1 and 0.2, a person or a group other thanRelevant portion of the definition:third party meansin Division 0.1, a person or a group other than
2018, c. 31, s. 223Paragraph (b) of the definition foreign entity in subsection 349.01(1) of the Act is replaced by the following:a corporation or entity incorporated, formed or otherwise organized outside Canada if it does not carry on business in Canada or one of the primary activities that it carries 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, potential candidate, registered party or eligible party, at an election;Relevant portion of the definition:foreign entity includes 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;
The Act is amended by adding the following after section 349.03:Prohibition on Accepting Certain Contributions
Prohibition — cryptoasset, money order or payment productNo third party shall accept a contribution made for partisan activity, partisan advertising, election advertising or election survey purposes that is in the form ofa cryptoasset, namely a digital asset protected by cryptographic measures;a money order; ora prepaid payment product, namely a physical or electronic product that is or can be loaded with funds and that can be used to make withdrawals or purchase goods or services.
Return of cryptoasset, money order or payment productIf a third party receives a contribution referred to in section 349.04, the third party shall, within 30 days after becoming aware of the receipt of the contribution, take one of the following measures:return the contribution unused to the contributor;if it is not possible to return the contribution, destroy it unused;if it is not possible to return or destroy the contribution, convert it into money and pay the amount of it to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
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2018, c. 31, s. 223Subparagraph 349.4(2)(b)(i) of the Act is replaced by the following:it does not carry on business in Canada or one of the primary activities that it carries 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, potential candidate, registered party or eligible party, at the following election, andRelevant portion of subsection 349.4(2):In subsection (1), a foreign third party is a third party in respect of which 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, and
2018, c. 31, s. 223The portion of subsection 349.6(1) of the Act before paragraph (a) 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 $1,500:
Relevant portion of subsection 349.6(1):
A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:
Section 349.91 of the Act is amended by adding the following after subsection (2):List of Canadian contributorsIf subsection 349.95(1) applies to the third party, the interim third-party expenses return shall include the following for each Canadian individual whose contributions of a total amount of more than $200 were used to pay for the regulated expenses under that subsection:their name and address;the amount of each contribution;a list of the property or services that was contributed; andthe date each contribution was made.New.2018, c. 31, s. 223Paragraphs 349.91(4)(a) to (c) of the Act are replaced by the following:the amount 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);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 and address and the amount and date of each contribution; andRelevant portion of subsection 349.91(4):The 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; and2018, c. 31, s. 223Subsection 349.91(7) of the Act is repealed.Existing text of subsection 349.91(7):For 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.
2018, c. 31, s. 223The portion of section 349.94 of the Act before paragraph (a) is replaced by the following:
Prohibition — use of anonymous 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:
Relevant portion of section 349.94:
No 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:
The Act is amended by adding the following after section 349.94:
Limitation on expensesA third party shall use only contributions from Canadian individuals to pay for regulated expenses and use, as regulated expenses, only property or services that are contributions from Canadian individuals.Own fundsHowever, if the total amount of contributions received, from all sources and for any purpose, by the third party during the previous year is equal to or less than 10% of its revenue for that year, the third party may use its own funds, namely funds that are not contributions made to it, to pay for regulated expenses and use, as regulated expenses, property or services that it has provided. In that case, the third party shall include financial statements for the previous year in the third-party expenses return referred to in section 359.Excluded amountsFor the purposes of subsection (2), grants and contributions received from the Government of Canada or of a province or from a municipality are not included in determining the third party’s revenue for the previous year.Previous year — choice of third partyFor the purposes of subsections (2) and (3), the third party may choose as their previous year eitherthe calendar year that precedes the calendar year in which a pre-election period occurs, orthe fiscal year that precedes the fiscal year in which a pre-election period occurs.Non-applicationThis section does not apply in respect of a third party who is an individual or a third party that is not required to register under subsection 349.6(1).DefinitionsThe following definitions apply in this section.Canadian individual means an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. (particulier canadien)regulated expenses means any of the following expenses: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. (dépenses réglementées)
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2018, c. 31, s. 225Subparagraph 351.1(2)(b)(i) of the Act is replaced by the following:it does not carry on business in Canada or one of the primary activities that it carries on in Canada during an 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, potential candidate, registered party or eligible party, at the election, andRelevant portion of subsection 351.1(2):In subsection (1), a foreign third party is a third party in respect of which 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, and
2018, c. 31, s. 226(1)The portion of subsection 353(1) of the Act before paragraph (a) 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 $1,500:
Relevant portion of subsection 353(1):
A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:
Section 357.01 of the Act is amended by adding the following after subsection (2):List of Canadian contributorsIf subsection 349.95(1) or 358(1) applies to the third party, the interim third-party expenses return shall include the following for each Canadian individual whose contributions of a total amount of more than $200 were used to pay for the regulated expenses under that subsection:their name and address;the amount of each contribution;a list of the property or services that was contributed; andthe date each contribution was made.New.2018, c. 31, s. 231Paragraphs 357.01(4)(a) to (c) of the Act are replaced by the following:the amount 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);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 and address and the amount and date of each contribution; andRelevant portion of subsection 357.01(4):The 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; and2018, c. 31, s. 231Subsection 357.01(7) of the Act is repealed.Existing text of subsection 357.01(7):For 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.
2018, c. 31, s. 231The portion of section 357.1 of the Act before paragraph (a) is replaced by the following:
Prohibition — use of anonymous 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:
Relevant portion of section 357.1:
No 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:
The Act is amended by adding the following after section 357.1:
Limitation on expensesA third party shall use only contributions from Canadian individuals to pay for regulated expenses and use, as regulated expenses, only property or services that are contributions from Canadian individuals.Own fundsHowever, if the total amount of contributions received, from all sources and for any purpose, by the third party during the previous year is equal to or less than 10% of its revenue for that year, the third party may use its own funds, namely funds that are not contributions made to it, to pay for regulated expenses and use, as regulated expenses, property or services that it has provided. In that case, the third party shall include financial statements for the previous year in the third-party expenses return referred to in section 359.Excluded amountsFor the purposes of subsection (2), grants and contributions received from the Government of Canada or of a province or from a municipality are not included in determining the third party’s revenue for the previous year.Previous year — choice of third partyFor the purposes of subsections (2) and (3), the third party may choose as their previous year eitherthe calendar year that precedes the calendar year in which a pre-election period occurs, orthe fiscal year that precedes the fiscal year in which a pre-election period occurs.Non-applicationThis section does not apply in respect of a third party who is an individual or a third party that is not required to register under subsection 353(1).DefinitionsThe following definitions apply in this section.Canadian individual means an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. (particulier canadien)regulated expenses means any of the following expenses: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. (dépenses réglementées)
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Section 359 of the Act is amended by adding the following after subsection (3):List of measuresIf section 349.05 applies to the third party, the third-party expenses return shall include a list of the measures that the third party has taken in accordance with that section.Financial statementsIf subsection 349.95(2) or 358(2) applies with respect to the third party, the third-party expenses return shall include the financial statements referred to in that subsection.List of Canadian contributorsIf subsection 349.95(1) or 358(1) applies with respect to the third party, the third-party expenses return shall include the following for each Canadian individual whose contributions of a total amount of more than $200 were used to pay for the regulated expenses under that subsection:their name and address;the amount of each contribution;a list of the property or services that was contributed; andthe date each contribution was made.New.2018, c. 31, s. 234(2)Paragraphs 359(4)(a) to (b.1) of the Act are replaced by the following:the amount of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning on the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on the polling day referred to in that subsection;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 and address and the amount and date of each contribution; andRelevant portion of subsection 359(4):The 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;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; and2018, c. 31, s. 234(5)(F)Subsection 359(6) of the Act is repealed.Existing text of subsection 359(6):For 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.2018, c. 31 s. 234(6)Subsection 359(7) of the Act is 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 the names and addresses of every contributor who contributed a total of more than $200 to it during that period.Existing text of subsection 359(7):If 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.
The Act is amended by adding the following after section 372:
Prohibition — cryptoasset, money order or payment productNo registered party, registered association, nomination contestant, candidate or leadership contestant shall accept a contribution that is in the form ofa cryptoasset, namely a digital asset protected by cryptographic measures;a money order; ora prepaid payment product, namely a physical or electronic product that is or can be loaded with funds and that can be used to make withdrawals or purchase goods or services.
Return of cryptoasset, money order or payment productIf a person or entity referred to in section 372.1 receives a contribution referred to in that section, 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 shall, within 30 days after becoming aware of the receipt of the contribution, take one of the following measures:return the contribution unused to the contributor;if it is not possible to return the contribution, destroy it unused;if it is not possible to return or destroy the contribution, convert it into money and pay the amount of it to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
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2018, c. 20, s. 2Section 384.2 of the Act and the heading before it are replaced by the following:ReportExisting text of the heading and section 384.2:Publication and Report
If a registered party organizes all or part of a regulated fundraising event for its own financial benefit or for the financial benefit of one of its registered associations, nomination contestants, candidates or leadership contestants, the registered party shall publish the information set out in subsection (2) in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.The information to be published under subsection (1) and provided under subsection (3) is the following:the date, time and location of the regulated fundraising event;the name of each entity or person referred to in paragraph 384.1(1)(a) for whose financial benefit the event is organized;the name of each person referred to in subparagraph 384.1(1)(b)(i) who will be attending the event;the total amount of contributions that a person will be required to have made, or the amount that they will be required to have paid, in order to attend the event; andthe contact information of an individual who may be contacted and from whom further information about the event may be obtained.If a regulated fundraising event is organized entirely by one or more persons or entities other than the registered party for whose financial benefit the event is organized, or for the financial benefit of whose registered association, nomination contestant, candidate or leadership contestant the event is organized, each person or entity that organizes the event or any part of it shall provide the information set out in subsection (2) to the registered party in time for the registered party to be able to publish the information as required under subsection (4).If at least one person or entity referred to in subsection (3) complies with the obligation under that subsection — to provide information to the registered party in time for the registered party to be able to publish it — the registered party shall publish that information in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.If a registered party is required to publish information under subsection (1) or (4), it shall also notify the Chief Electoral Officer of the regulated fundraising event no later than five days before the day the event takes place.If a registered party referred to in subsection (1) or (4) becomes aware, after publishing information under this section, of any change to that information, the registered party shall replace the old information on its Internet site with the new information as soon as feasible after becoming aware of the change.If a person or entity referred to in subsection (3) becomes aware, after providing information to a registered party under this section, of any change to that information, the person or entity shall provide the new information to the registered party as soon as feasible after becoming aware of the change.If new information is provided to a registered party under subsection (6), the registered party shall replace the old information on its Internet site with the new information as soon as feasible after being provided with it.Subsections (1) to (7) do not apply in respect of a regulated fundraising event that takes place during the election period of a general election.
2018, c. 20, s. 2Subsection 384.3(13) of the Act is replaced by the following:Publication of reportsThe Chief Electoral Officer shall publish reports provided under subsections (1), (6) and (8), and any corrected or revised versions of those reports, as soon as feasible after receiving them, in the manner that he or she considers appropriate. The reports that are published must limit the information on the location referred to in paragraph (2)(a) to the municipality, or its equivalent, and the province in which the event took place.Existing text of subsection 384.3(13):The Chief Electoral Officer shall publish reports provided under subsections (1), (6) and (8), and any corrected or revised versions of those reports, as soon as feasible after receiving them, in the manner that he or she considers appropriate.
2018, c. 20, s. 2Section 384.4 of the Act and the heading before it are repealed.Existing text of the heading and section 384.4:Contributions
If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution in respect of a regulated fundraising event in respect of which section 384.2 or 384.3 is not complied with, 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 non-compliance, 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 after the heading of Division 2 of Part 18:Interpretation
Definition of personal informationIn this Division, personal information means information about an identifiable individual.
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2018, c. 31, s. 254(1)Paragraph 385(2)(k) of the Act is replaced by the following:the party’s policy for the protection of personal information; andRelevant portion of subsection 385(2):The application for registration shall include 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; and
2004, c. 24, s. 16; 2014, c. 12, s. 86; 2018, c. 31, s. 255; 2023, c. 26, s. 680Sections 385.1 and 385.2 of the Act are repealed.Existing text of sections 385.1 and 385.2:
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.If 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.If 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.
Despite the definition personal information in subsection 2(1), for the purposes of this section, personal information means information about an identifiable individual.In order to participate in public affairs by endorsing one or more of its members as candidates and supporting their election, any registered party or eligible party, as well as any person or organization acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, may, subject to this Act and any other applicable federal Act, collect, use, disclose, retain and dispose of personal information in accordance with the party’s privacy policy.The purpose of this section is to provide for a national, uniform, exclusive and complete regime applicable to registered parties and eligible parties respecting their collection, use, disclosure, retention and disposal of personal information.
Section 387 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):the Chief Electoral Officer is satisfied that the party’s policy for the protection of personal information meets the requirements set out in subsection 444.4(1).Relevant portion of section 387:
A political party whose leader has made an application under subsection 385(1) becomes eligible for registration if
Subsection 407(1) 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 statement certified by its privacy officer that the party complies with its policy for the protection of personal information.Relevant portion of subsection 407(1):
On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with
Section 432 of the Act is amended by adding the following after subsection (2):List of measuresIf section 372.2 applies to the registered party, the financial transactions return shall include a list of the measures that the chief agent of the registered party has taken in accordance with that section.New.
The Act is amended by adding the following after section 444:Personal Information Collected by Political Parties
PurposeThe purpose of this subdivision is to provide for a national, uniform, exclusive and complete regime applicable to registered parties and eligible parties respecting their collection, use, disclosure, retention and disposal of personal information.
Collection, use, disclosure, retention and disposalIn order to participate in public affairs by endorsing one or more of its members as candidates and supporting their election, any registered party or eligible party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, may, subject to this Act and any other applicable federal Act, collect, use, disclose, retain and dispose of personal information in accordance with the party’s policy for the protection of personal information.
Policy for the protection of personal informationA registered party or eligible party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, must comply with the party’s policy for the protection of personal information.ClarificationFor greater certainty, a person or entity referred to in subsection (1) that fails to comply with the policy referred to in that subsection contravenes that subsection and commits a violation referred to in section 508.1.
Required contentsThe policy for the protection of personal information of a registered party or of an eligible party must be publicly available in both official languages, be written in plain language anddesignate a privacy officer who is responsible for overseeing the party’s compliance with the policy;include the name and contact information of the privacy officer;state the types of personal information that the party collects, retains, uses, discloses and disposes of;explain, using illustrative examples, how the party collects, retains, uses, discloses and disposes of personal information, such as by indicating whether it does so in the context of online activities or through the use of cookies;describe the training related to the protection of personal information that is offered to the party’s employees and volunteers who may have access to the personal information that is under its control;require the party to protect the personal information that is under its control through physical, organizational and technological security safeguards with a level of protection proportionate to the sensitivity of the personal information;require the party to take appropriate steps in the case of the loss of, unauthorized access to or unauthorized disclosure of personal information that is under its control as a result of a breach of its security safeguards, including by, as soon as feasible, informing the individual whose personal information has been lost, accessed or disclosed if it is reasonable in the circumstances to believe the breach creates a real risk of significant harm to the individual;require the party to ensure, by contract or otherwise, that any person or entity to which it transfers personal information provides a level of protection of the personal information equivalent to that which the party is required to provide under the policy;require the privacy officer or their delegate to attend at least one meeting per calendar year relating to the protection of personal information held by the Chief Electoral Officer; andprohibit the party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, fromproviding false or misleading information to individuals about the purposes for which the party collects personal information,selling personal information under the party’s control, ordisclosing personal information under the party’s control to the public for the purpose of causing harm.Real risk of significant harm — factorsFor the purposes of paragraph (1)(g), the factors that are relevant to determining whether a breach of security safeguards creates a real risk of significant harm to an individual includethe sensitivity of the personal information involved in the breach; andthe probability that the personal information has been, is being or will be misused.Definition of significant harmFor the purposes of this section, significant harm includes bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property.
Meetings relating to protecting personal informationThe Chief Electoral Officer shall hold at least one meeting each calendar year relating to the protection of personal information by registered parties and eligible parties.
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2014, c. 12, s. 86The heading before section 445 and sections 445 and 446 of the Act are repealed.Existing text of the heading and sections 445 and 446:Quarterly Allowances
The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least2% of the number of valid votes cast; or5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.An allowance fund for a quarter is the product of the number of valid votes cast in the election referred to in subsection (1) multiplied by the applicable following number:$0.255, for the quarter that begins on April 1, 2013 and the three following quarters; and$0.1275, for the quarter that begins on April 1, 2014 and the three following quarters.Each such registered party’s allowance for a quarter is that part of the allowance fund for that quarter that corresponds to its percentage of valid votes cast in the election referred to in subsection (1).A merged party is entitled to the aggregate of the allowances to which the merging parties of which it is composed would have been entitled had they not merged.
As soon as feasible after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter.If a registered party has not provided all of the documents that it is required to provide under sections 432, 433 and 437, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents.On receipt of the certificate, the Receiver General shall pay the amount set out in it to the registered party out of the Consolidated Revenue Fund. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the party’s leader.In this Act, provincial division means a division of a registered party for a province or territory in relation to which the party’s leader has provided the following to the Chief Electoral Officer:the name of the division and of the province or territory;the name of the party;the address of the office where records of that division are maintained and to which communications may be addressed;the names and addresses of the chief executive officer and other officers of the division;the name and address of any registered agent appointed by the division; anda declaration signed by the party’s leader certifying that the division is a division of the party.This Act applies to information provided under this subsection as if it were information referred to in paragraphs 385(2)(a) to (h).Within 15 days after a change in the information referred to in subsection (4), the chief executive officer of the provincial division shall report the change in writing to the chief agent of the registered party.
Section 475.4 of the Act is amended by adding the following after subsection (2):List of measuresIf section 372.2 applies to the registered association, the financial transactions return shall include a list of the measures that the financial agent of the registered association has taken in accordance with that section.New.
Section 476.75 of the Act is amended by adding the following after subsection (2):List of measuresIf section 372.2 applies to the nomination contestant, the nomination campaign return shall include a list of the measures that the financial agent of the nomination contestant has taken in accordance with that section.New.
Section 477.59 of the Act is amended by adding the following after subsection (2):List of measuresIf section 372.2 applies to the candidate, the electoral campaign return shall include a list of the measures that the official agent of the candidate has taken in accordance with that section.New.
2014, c. 12, s. 86Subsection 477.94(3) of the Act is replaced by the following:ExceptionSubsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by the Director for the purpose of a prosecution for an offence under this Act or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act.Existing text of subsection 477.94(3):Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by the Director for the purpose of a prosecution for an offence under this Act.
Section 478.8 of the Act is amended by adding the following after subsection (2):List of measuresIf section 372.2 applies to the leadership contestant, the leadership campaign return shall include a list of the measures that the financial agent of the leadership contestant has taken in accordance with that section.New.
Section 480.1 of the Act is amended by adding the following after subsection (2):ClarificationSubsection (1) applies regardless of the medium of the representation or the manner or place in which the representation is made.New.
2018, c. 31, s. 323Subsections 481(1) and (2) of the Act are replaced by the following:
Misleading publicationsEvery person or entity is guilty of an offence that distributes, transmits or publishes any material 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, nomination contestant, candidate, potential candidate, prospective candidate or leadership contestant, ifthe person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, nomination contestant, candidate, potential candidate, prospective candidate or leadership contestant 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, nomination contestant, candidate, potential candidate, prospective candidate or leadership contestant.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, nomination contestant, candidate, potential candidate, prospective candidate or leadership contestant, as the case may be; orthe name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the nomination contestant, candidate, potential candidate, prospective candidate or leadership contestant or of a public figure who is associated with the political party.
Existing text of subsections 481(1) and (2):
Every 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.In 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.
Section 481 of the Act is amended by adding the following after subsection (3):ClarificationSubsection (1) applies regardless of the medium of the material or the manner or place in which the material is made, distributed, transmitted or published.New.
2018, c. 31, s. 323The portion of subsection 482(1) of the Act before paragraph (a) is replaced by the following:
Unauthorized use of computerEvery person or entity is guilty of an offence that, fraudulently and with the intention of affecting the results or disrupting the conduct of an election,
Relevant portion of subsection 482(1):
Every person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election,
The Act is amended by adding the following after section 482:
False statementsEvery person or entity is guilty of an offence that makes or publishes, with the intention of affecting the results or disrupting the conduct of an election, a statement that they know is false or misleading in respect ofwho may vote in an election, including who is qualified as an elector or may register as an elector;the process by which an individual may register to vote;where, when or the manner in which an individual may vote in an election, including at an advance poll or by special ballot;whom an individual may vote for at an election;the process by which an individual becomes a candidate;the process by which votes at an election are counted or the results are validated; orthe preliminary, validated or official results of an election.ClarificationSubsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published and regardless of the manner or medium in which the false statement is made or published.
New.
Subsection 486(3) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):knowingly contravenes section 92.1 (conveying false or misleading information — nomination paper); orknowingly contravenes section 92.2 (filing nomination paper — false or misleading information).Relevant portion of subsection 486(3):Every person is guilty of an offence whoSubsection 486(4) 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):knowingly contravenes section 92.1 (conveying false or misleading information — nomination paper).Relevant portion of subsection 486(4):Every entity is guilty of an offence that
Subsection 489(3) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:being an election officer, contravenes any of subsections 140.1(1), (2), (3) and (5) (failure to take required measures with respect to polling) 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; orRelevant portion of subsection 489(3):Every person is guilty of an offence who
2018, c. 31, s. 331Paragraph 491.1(i) of the Act is repealed.Relevant portion of section 491.1:
Every person is guilty of an offence who contravenes subsection 282(1) (person who assists elector — limit);
The Act is amended by adding the following after section 495.21:Offences under Division 0.2 of Part 17 (Prohibition on Accepting Certain Contributions)
Strict liability offences — summary convictionEvery third party is guilty of an offence who contravenessection 349.04 (accepting a contribution that is in the form of a cryptoasset, money order or payment product); orsection 349.05 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product).Offences requiring intent — dual procedureEvery third party who knowingly contravenes section 349.05 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product) is guilty of an offence.
New.
Subsection 495.3(1) of the Act is amended by striking out “or” at the end of paragraph (g), by adding “or” at the end of paragraph (h) and by adding the following after paragraph (h):subsection 349.95(1) (limitations on expenses).Relevant portion of subsection 495.3(1):
Every person is guilty of an offence who, being a third party, contravenes
Subsection 496(1) of the Act is amended by striking out “or” at the end of paragraph (d.2), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):subsection 358(1) (limitation on expenses).Relevant portion of subsection 496(1):
Every person is guilty of an offence who, being a third party, contravenes
Subsection 497(1) of the Act is amended by adding the following after paragraph (h):being a registered party, registered association, nomination contestant, candidate, or leadership contestant, contravenes section 372.1 (accepting a contribution that is in the form of a cryptoasset, money order or payment product);being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate, or the financial agent of a nomination contestant or leadership contestant, contravenes section 372.2 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product);Relevant portion of subsection 497(1):
Every person is guilty of an offence who
Subsection 497(2) of the Act is amended by adding the following after paragraph (m):being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate, or the financial agent of a nomination contestant or leadership contestant, knowingly contravenes section 372.2 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product);Relevant portion of 497(2):Every person is guilty of an offence who
2018, c. 20, s. 9Paragraphs 497.01(a) to (d) of the Act are repealed.(1) and (2) Relevant portion of section 497.01:
Every person is guilty of an offence whobeing a registered party, contravenes subsection 384.2(1) or (4) (failure to publish information about regulated fundraising event);being a person or entity, contravenes subsection 384.2(3) (failure to provide information about regulated fundraising event);being a registered party, contravenes subsection 384.2(4.1) (failure to notify Chief Electoral Officer of regulated fundraising event);being a registered party, contravenes subsection 384.2(5) or (7) (failure to replace old information about regulated fundraising event on its Internet site);being a person or entity, contravenes subsection 384.2(6) (failure to provide new information about regulated fundraising event); being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes section 384.4 (failure to return or pay amount of contribution); or
2018, c. 20, s. 9Section 497.01 of the Act is amended by adding “or” at the end of paragraph (j) and by repealing paragraph (k).
2018, c. 31, s. 346(1)Subsection 500(1) of the Act is 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), 495.22(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.
Existing text of subsection 500(1):
Every 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.
2018, c. 31, s. 346(2)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), sections 482.01 and 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 and subsections 495(5), 495.1(2), 495.2(2), 495.21(2), 495.22(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 liableRelevant portion of subsection 500(5):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 liable
Section 508 of the Act is replaced by the following:
EvidenceIn a prosecution for an offence under this Act or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.
Existing text of section 508:
In a prosecution for an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.
2018, c. 31, s. 350Section 508.1 of the Act is replaced by the following:
ViolationEvery person or entity commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act if the person or entitycontravenes section 43.1, any of paragraphs 56(a) to (d), section 81, 81.1, 92.1 or 92.2, subsection 136(4), section 166, 281.3, 281.4, 281.5 or 281.8 or a provision of any of Parts 16, 17 and 18;attempts to commit, or conspires with any person or entity to commit, a contravention of a provision referred to in paragraph (a);counsels any person or entity to commit such a contravention, in the case where the contravention is not committed;is an accessory after the fact to the commission of such a contravention; orfails to comply with a requirement of the Chief Electoral Officer under any of Parts 16, 17 and 18, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner.
Existing text of section 508.1:
Every 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.
2018, c. 31, s. 350Section 508.3 of the Act is replaced by the following:
How act or omission may be proceeded withIf an act or omission may be proceeded with as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
Existing text of section 508.3:
If 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.
2018, c. 31, s. 350Section 508.5 of the Act is replaced by the following:
Maximum amount of penaltySubject to subsections (2) and (3), 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 349.04, 349.05, 363, 367, 372.1 and 372.2The maximum administrative monetary penalty for a violation arising from the contravention of section 349.04, 349.05, 363, 367, 372.1 or 372.2 is an amount equal to twice the amount that was contributed — accepted or not returned, not destroyed, or not converted and paid, as the case may be — in contravention of that section, plus$1,500, in the case of an individual; and$5,000, in the case of a corporation or entity.Maximum — subsections 349.95(1) and 358(1)The maximum administrative monetary penalty for a violation arising from the contravention of subsection 349.95(1) or 358(1) is an amount equal to twice the amount of the contribution that was used in contravention of that subsection, plus $5,000.
Existing text of section 508.5:
Subject 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.The 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.
2018, c. 31, s. 352Section 509.22 of the Act is renumbered as subsection 509.22(1) and is amended by adding the following:ClarificationFor greater certainty, the Commissioner may, in the exercise or performance of the Commissioner’s powers, duties and functions under this Part, enter into memoranda of understanding or other arrangements with a department or body that is listed in a schedule to the Financial Administration Act and has technical or specialized knowledge on matters of national security or any other matters related to those powers, duties and functions.New.
2018, c. 31, s. 357The portion of subsection 510.01(1) of the Act before paragraph (a) is replaced by the following:
Order requiring testimony or written returnIf, on application of the Commissioner or the Commissioner’s 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 — or that a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, such a contravention has been committed or is about to be committed — and that an individual has or is likely to have information that will provide evidence of the contravention, the judge may order the individual to
Relevant portion of subsection 510.01(1):
If, 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 to
Subsection 510.01(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):produce to the Commissioner or the authorized representative, within a time and at a place specified in the order, a record — or a copy of a record certified by affidavit to be a true copy — or any other thing specified in the order; or2018, c. 31, s. 357Subsection 510.01(3) of the Act is replaced by the following: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 — or the conspiracy, attempt, being an accessory after the fact or counselling — to which the application relates.Existing text of subsection 510.01(3):No 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.
2014, c. 12, s. 108 Paragraph 510.1(2)(d) of the Act is replaced by the following:information that is required to be disclosed in the course of a prosecution for an offence under this Act or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act;Relevant portion of subsection 510.1(2):The Commissioner may disclose or may authorize any person acting under his or her direction to disclose information that is required to be disclosed in the course of a prosecution for an offence under this Act;
2018, c. 31, s. 360 Section 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 — or that a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act — has been committed, the Commissioner may institute a prosecution or cause one to be instituted.InformationThe prosecution 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.
Existing text of section 511:
If 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.A 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.
2018, c. 31, s. 361Subsection 512(1) of the Act is replaced by the following:
Director’s consent requiredNo prosecution for an offence under this Act — or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act — may be instituted by a person, other than the Commissioner or a person acting under the Commissioner’s direction, without the prior written consent of the Director of Public Prosecutions provided after consultation with the Commissioner.
Existing text of subsection 512(1):
No 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.
2014, c. 12, s. 109Subsection 514(1) of the Act is replaced by the following:
Limitation periodProceedings in respect of an offence under a provision set out in subsection 500(1) — or in respect of a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, such an offence — may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose.
Existing text of subsection 514(1):
Proceedings in respect of an offence under a provision set out in subsection 500(1) may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose.
2014, c. 12, s. 109Subsection 514(3) of the Act is replaced by the following:No limitation periodProceedings in respect of an offence under a provision set out in any of subsections 500(2) to (5) — or in respect of a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, such an offence — may be commenced at any time.Existing text of subsection 514(3):Proceedings in respect of an offence under a provision set out in any of subsections 500(2) to (5) may be commenced at any time.
Subsection 516(1) of the Act is replaced by the following:
Application for injunctionIf the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act — or an act or omission that constitutes a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, a contravention of this Act — the Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to a competent court described in subsection 525(1) for an injunction described in subsection (2).
Existing text of subsection 516(1):
If the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, the Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to a competent court described in subsection 525(1) for an injunction described in subsection (2).
The portion of subsection 516(2) of the Act before paragraph (a) is replaced by the following:InjunctionIf the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act — or an act or omission that constitutes a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, a contravention of this Act — and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:Relevant portion of subsection 516(2):If the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:
2018, c. 31, s. 363(1)Subsection 517(1) of the Act is replaced by the following:
Power to enter into compliance agreementSubject to subsection (7), the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with a person or entity (in this section and sections 518 to 521 called the “contracting party”) if the Commissioner believes on reasonable grounds that the 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 — or that could constitute a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act.
Existing text of subsection 517(1):
Subject 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”).
2018, c. 31, s. 363(3)(E)Subsection 517(4) 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 in question.Existing text of subsection 517(4):A compliance agreement may include a statement by the contracting party in which it admits responsibility for the act or omission that constitutes the offence.
2018, c. 31, s. 365Paragraph 521.11(1)(b) of the Act is replaced by the following:identifies the provision of this Act, the requirement or the provision of the compliance agreement or undertaking to which the violation relates;Relevant portion of subsection 521.11(1):
If 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 that 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;
2018, c. 31, s. 365Paragraph 521.13(3)(a) of the Act is replaced by the following:identifies the provision of this Act, the requirement of the Chief Electoral Officer or the provision of a compliance agreement or undertaking to which the violation relates;Relevant portion of subsection 521.13(3):The 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; and2018, c. 31, s. 365Paragraph 521.13(3)(b) of the English version of the Act is replaced by the following:identifies the act or omission to which the violation relates; and
2018, c. 31, s. 365Section 521.24 of the Act is replaced by the following:
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 applies in respect of a violation to the extent that it is not inconsistent with this Act.
Existing text of section 521.24:
Every 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.
2018, c. 31, s. 365Section 521.27 of the Act is replaced by the following:
Parties to violationA person or entity is a party to a violation committed by another person or entity and is liable for the violation if itdoes or omits to do anything for the purpose of aiding that other person or entity to commit the violation;abets that other person or entity in committing the violation; orcounsels that other person or entity to commit the violation.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.ApplicationSubsections (1) and (2) apply whether or not the person or entity that actually committed the violation is proceeded against under this Act.
Existing text of section 521.27:
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.
2018, c. 31, s. 368(E)Subsection 538(5) of the Act is replaced by the following:Long-term care institutionsA returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of one or more institutions, or part of an institution, where seniors or persons with a disability reside.Existing text of subsection 538(5):A 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.
2014, c. 12, s. 117Subsection 540(4.1) of the Act is replaced by the following:ExceptionThe Chief Electoral Officer may also disclose any of the documents referred to in subsection (3) to the Commissioner for the purposes of the exercise or performance of the Commissioner’s powers, duties and functions under this Act and the Commissioner may, in turn, disclose any of those documents to the Director of Public Prosecutions, who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act.Existing text of subsection 540(4.1):The Chief Electoral Officer may also disclose any of the documents referred to in subsection (3) to the Commissioner for the purposes of the exercise or performance of the Commissioner’s powers, duties and functions under this Act and the Commissioner may, in turn, disclose any of those documents to the Director of Public Prosecutions, who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.
2018, c. 31, s. 372The portion of subsection 549.1(1) of the Act before paragraph (a) is replaced by the following:
Solemn declaration — votingFor the purposes of subsections 143(3) and (3.2), sections 144 and 147 and paragraphs 161(1)(b), 169(2)(b) and 235(c), 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 that
Relevant portion of subsection 549.1(1):
For 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 that the elector has not previously voted in the election and is not an elector to whom section 235 applies.
2018, c. 31, s. 372Paragraph 549.1(1)(d) of the Act is replaced by the following:the elector has not previously voted in the election and will not vote more than once in the election, including by using a special ballot.
Reports to Speaker of the House of Commons
Report — three-day polling periodThe Chief Electoral Officer must make a report to the Speaker of the House of Commons on the measures that need to be taken to implement a three-day polling period for general elections for which the writs are issued after January 1, 2029, including any necessary amendments to the Canada Elections Act.ContentsIn the report, the Chief Electoral Officer must set out the Chief Electoral Officer’s opinion respectingthe costs of, the necessary technology for and any challenges related to the implementation of a three-day polling period, as well as solutions to those challenges;the date by which each measure needs to be taken if the Chief Electoral Officer is of the opinion that it is feasible for the measures to be taken for the first general election for which the writs are issued after January 1, 2029; andthe date by which it would be feasible to take each measure if the Chief Electoral Officer is of the opinion that it is not feasible for the measures to be taken for the first general election for which the writs are issued after January 1, 2029.Time limitThe Chief Electoral Officer must make the report as soon as feasible after the first general election that is held after the day on which this section comes into force.
Report — vote at any place in polling stationThe Chief Electoral Officer must make a report to the Speaker of the House of Commons on the measures that need to be taken to provide each elector with a ballot at any place in their polling station where ballots are provided to electors for the first general election that is held on or after the next fixed election date and that is held after the making of the report.Time limitThe Chief Electoral Officer must make the report as soon as feasible, and in any event no later than the 120th day before the next fixed election date.
Report — vote at any polling stationThe Chief Electoral Officer must, no later than January 1, 2027, make a report to the Speaker of the House of Commons on the feasibility of enabling electors to vote at any polling station in their electoral district. In the report, the Chief Electoral Officer must set out the Chief Electoral Officer’s opinion respectingthe measures that need to be taken to enable electors to vote at any polling station in their electoral district, including any necessary amendments to the Canada Elections Act;the date by which each measure needs to be taken if the Chief Electoral Officer is of the opinion that it is feasible to enable electors to vote at any polling station in the electoral district for the first general election for which the writs are issued after January 1, 2029; andthe date by which it would be feasible to take each measure if the Chief Electoral Officer is of the opinion that it is not feasible to enable electors to vote at any polling station in the electoral district for the first general election for which the writs are issued after January 1, 2029.ConsultationBefore making the report, the Chief Electoral Officer must consult with the Advisory Committee of Political Parties, established by subsection 21.1(1) of the Canada Elections Act.
Report — promotion of hatredThe Chief Electoral Officer must make a report to the Speaker of the House of Commons setting out a proposed process to determine whether a registered party or an eligible party has as one of its fundamental purposes the promotion of hatred against an identifiable group of persons, as well as setting out the proposed consequences of such a determination.ConsultationsBefore making the report, the Chief Electoral Officer must consult with the Commissioner of Canada Elections and the Advisory Committee of Political Parties established by subsection 21.1(1) of the Canada Elections Act.Time limitThe Chief Electoral Officer must make the report as soon as feasible, and in any event no later than the 120th day before the next fixed election date.
Submission to House of CommonsThe Speaker of the House of Commons must submit each report received under sections 110 to 113 to the House of Commons without delay.
Transitional Provisions
Alternative voting process or voting technologySubject to subsections 18.1(5) and (6) of the Canada Elections Act, any alternative voting process or voting technology approved for use under subsection 18.1(4) of that Act during the 44th Parliament may be used in one or more elections held within six years after the day on which the approval is granted.
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 must provide the Chief Electoral Officer with the party’s policy for the protection of personal information referred to in subsection 444.4(1) of the Canada Elections Act ifbefore the day on which this section comes into force, the leader of the party has applied under section 385 of that Act 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) of that Act whether the party is eligible under section 387 of that Act for registration; 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 under section 387 of the Canada Elections Act for registration;in the case of a party referred to in subparagraph (1)(b)(i), the party is not permitted to become a registered party under section 390 of that Act; 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 of that Act.Deemed inclusion in application for registrationIf the leader of a political party provides the Chief Electoral Officer with the policy referred to in subsection (1) in compliance with that subsection, or in compliance with a notice referred to in subsection 415(1) of the Canada Elections Act or a notice amended under subsection 415(2) of that Act, then the policy is deemed, as of the day on which it is provided, to be included in the application for registration referred to in subsection 385(2) of that Act in respect of the party.
Eligibility for registrationParagraph 387(d) of the Canada Elections Act, does not apply in respect of applications made under subsection 385(1) of that Act before the day on which that paragraph comes into force.
Interpretation
Words and expressionsThe words and expressions used in sections 110 to 117 have the same meaning as in the Canada Elections Act.Definition of next fixed election dateIn section 111, subsection 113(3) and section 120, next fixed election date means the day set in accordance with subsection 56.1(2) of the Canada Elections Act for the holding of the first general election after the day on which this Act receives royal assent.
Application
Election within six monthsDespite subsection 554(1) of the Canada Elections Act, the amendments to that Act made by sections 62, 65 to 69 and 71 and subsection 89(1) of this Act apply to an election for which the writ is issued within six months after the day on which this Act receives royal assent.
Coming into Force
After fixed election dateSection 6 comes into force on the day after the next fixed election date.