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Bill C-76

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First Session, Forty-second Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

BILL C-76
An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments

FIRST READING, April 30, 2018

MINISTER OF DEMOCRATIC INSTITUTIONS

90866


RECOMMENDATION

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

SUMMARY

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

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

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

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

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

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

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

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

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

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

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

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

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

(i)extends voting hours on advance polling days.

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

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

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

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

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

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

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

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

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

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

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

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

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

(m)clarifies offences relating to

(i)the publishing of false statements,

(ii)participation by non-Canadians in elections, including inducing electors to vote or refrain from voting, and

(iii)impersonation; and

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

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

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

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

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

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

BILL C-76

An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments

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

Short Title

Short title

1This Act may be cited as the Elections Modernization Act.

2000, c. 9

Canada Elections Act

2014, c. 12, s. 2(2)

2(1)The definitions leadership campaign expense and nomination campaign expense in subsection 2(1) of the Canada Elections Act are repealed.

2007, c. 21, s. 1; 2014, c. 12, s. 2(7)

(2)The definitions capital asset, election officer, polling day, prescribed and Register of Electors in subsection 2(1) of the Act are replaced by the following:

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

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

  • Start of inserted block

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

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

    End of inserted block

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

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

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

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

(3)Paragraph (b) of the definition election documents in subsection 2(1) of the Act is replaced by the following:

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

2001, c. 21, s. 1(2)‍(E); 2014, c. 12, s. 2(4)

(4)The definition election documents in subsection 2(1) of the Act is amended by striking out “and” at the end of paragraph (e) and by replacing paragraphs (f) and (g) with the following:

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

    • (i)stubs and unused ballot papers,

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

    • (iii)spoiled ballot papers,

    • (iv)rejected ballot papers,

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

    • (vi)written authorizations of candidates’ representatives,

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

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

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

(5)Paragraph (a) of the definition spoiled in subsection 2(1) of the Act is replaced by the following:

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

2001, c. 21, s. 1(1)

(6)The definition appartenance politique in subsection 2(1) of the French version of the Act is replaced by the following:

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

(7)Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

Start of inserted block

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

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

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

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

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

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

election advertising expense means an expense incurred in relation to

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

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

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

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

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

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

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

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

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

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

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

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

partisan advertising expense means an expense incurred in relation to

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

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

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

  • (a)is selected in a nomination contest;

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

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

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

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

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

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

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

End of inserted block

2014, c. 12, s. 2(8)

(8)The portion of subsection 2(1.‍1) of the Act before paragraph (a) is replaced by the following:

Commercial value of capital assets

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

(9)Subsection 2(3) of the Act is replaced by the following:

Satisfactory proof of identity and residence

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

(10)Section 2 of the Act is amended by adding the following after subsection (6):

Definitions of election advertising and partisan advertising

Start of inserted block

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

  • (a)in relation to a registered party or eligible party,

    • (i)naming it,

    • (ii)identifying it, including by its logo, and

    • (iii)providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

  • (b)in relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,

    • (i)naming him or her,

    • (ii)showing a photograph, cartoon or drawing of him or her,

    • (iii)identifying him or her, including by political affiliation or by any logo that he or she has, and

    • (iv)providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

      End of inserted block

3Sections 4 and 5 of the Act are repealed.

4Section 7 of the Act is repealed.

5Section 8 of the Act is amended by adding the following after subsection (2):

Person residing outside Canada

Start of inserted block

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

End of inserted block

6(1)The portion of section 10 of the Act before paragraph (a) is replaced by the following:

Former member candidates and electors living with them

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

(2)Subsection 10(1) is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (c) and by repealing paragraphs (b) and (d).

(3)Section 10 of the Act is amended by adding the following after subsection (1):

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

Start of inserted block

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

  • (a)the electoral district in which the former member is a candidate; or

  • (b)the electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.

    End of inserted block

2003, c. 22, s. 100

7Section 11 of the Act is repealed.

8Subsection 15(1) of the Act is replaced by the following:

Rank, powers and duties

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

2014, c. 12, s. 5

9(1)Subsection 16.‍1(3) of the Act is replaced by the following:

Consultations

(3)Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.‍1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within Insertion start 45 Insertion end days after the day on which the copy is sent.

2014, c. 12, s. 5

(2)Subsections 16.‍1(5) to (7) of the Act are replaced by the following:

Issuance

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

2014, c. 12, s. 5

10(1)Subsection 16.‍2(2) of the Act is replaced by the following:

Consultations

(2)Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.‍1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within Insertion start 30 Insertion end days after the day on which the copy is sent.

2014, c. 12, s. 5

(2)Subsection 16.‍2(4) of the Act is replaced by the following:

Pre-publication

(4)Within Insertion start 90 Insertion end days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the Insertion start 90 Insertion end -day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than Insertion start 90 Insertion end days after polling day for that election.

2014, c. 12, s. 5

11Section 16.‍3 of the Act is replaced by the following:

New interpretation

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

2014, c. 12, s. 5.‍1

12Subsection 16.‍5(1) of the Act is repealed.

2014, c. 12, s. 7

13Section 17.‍1 of the Act is repealed.

2014, c. 12, s. 7

14Subsections 18(1) to (2) of the Act are replaced by the following:

Public education and information programs

Start of inserted block

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

End of inserted block

Communication with public

Start of inserted block

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

End of inserted block

Information outside Canada

Start of inserted block

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

End of inserted block

Communication with electors with a disability

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

  • (a)how to become a candidate;

  • (b)how an elector may have their name added to a list of electors and may have corrections made to information respecting Insertion start them Insertion end on the list;

  • (c)how an elector may vote under section 127 and the times, dates and locations for voting;

  • (d)how an elector may Insertion start prove Insertion end their identity and residence in order to vote, including the pieces of identification that they may use to that end; and

  • (e)the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

Communication with future electors with a disability

Start of inserted block

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

End of inserted block

2014, c. 12, s. 8

15Sections 18.‍01 and 18.‍1 of the Act are replaced by the following:

International cooperation

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

Voting studies

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

Alternative voting

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

Voting technology — electors with a disability

Start of inserted block

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

End of inserted block

Prior approval

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

2014, c. 12, s. 8

16Subsection 18.‍2(1) of the Act is replaced by the following:

Power to enter into contracts, etc.

18.‍2(1)The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name Insertion start in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament Insertion end .

2003, c. 22, s. 102(E)

17Section 19 of the Act and the heading before it are replaced by the following:

Staff

Staff

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

2014, c. 12, s. 10

18Subsection 20(2) of the Act is replaced by the following:

Casual and temporary staff

(2)Any additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.

19Section 21 of the Act is replaced by the following:

Delegation

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

20(1)Paragraph 22(1)‍(c) of the Act is replaced by the following:

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

2014, c. 12, s. 12(2)

(2)Paragraphs 22(1)‍(d) to (k) of the Act are repealed.

(3)Subsection 22(1) of the Act is amended by adding “and” at the end of paragraph (m), by striking out “and” at the end of paragraph (n) and by repealing paragraph (o).

(4)Paragraph 22(3)‍(f) of the Act is replaced by the following:

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

(5)Subsections 22(4) and (5) of the Act are replaced by the following:

Qualifications

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

Election officers younger than 18

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

21Section 23 of the Act is replaced by the following:

Solemn declaration

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

Prohibition

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

Sending of solemn declarations

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

2014, c. 12, s. 13

22(1)Paragraphs 23.‍2(9)‍(a) and (b) of the Act are replaced by the following:

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

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

2014, c. 12, s. 13

(2)Paragraph 23.‍2(9)‍(c) of the English version of the Act is replaced by the following:

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

23(1)Paragraphs 24(7)‍(a) and (b) of the Act are replaced by the following:

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

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

(2)Paragraph 24(7)‍(d) of the Act is replaced by the following:

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

2014, c. 12, s. 14(2)

(3)Subsections 24(8) and (9) of the Act are replaced by the following:

Temporary suspension

(8)The Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).

Duration of suspension

(9)The period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.

24Subsection 26(1) of the Act is replaced by the following:

Assistant returning officer

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

2014, c. 12, s. 15

25Subsection 27(1) of the Act is replaced by the following:

Delegation

27(1)The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to Insertion start exercise any of the powers or Insertion end perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, Insertion start subsection Insertion end 71(1), sections Insertion start 71.‍1 Insertion end , 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

2006, c. 9, s. 176; 2014, c. 12, s. 16(1) and 16(2)‍(F)

26Subsections 28(3.‍01) and (3.‍1) of the Act are replaced by the following:

Designated person to act — suspension of returning officer

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

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

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

27(1)Subsection 29(2) of the Act is replaced by the following:

Appointment of substitute

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

(2)Subsection 29(4) of the Act is replaced by the following:

Resignation by assistant returning officer

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

28Subsection 30(4) of the Act is replaced by the following:

Further limitation

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

2001, c. 21, s. 3(E); 2014, c. 12, ss. 17 to 21

29The heading “General” before section 32 and sections 32 to 39 of the Act are replaced by the following:

Election officers

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

Appointment before issue of writ

Start of inserted block

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

End of inserted block

Maximum number of election officers appointed

Start of inserted block

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

End of inserted block

Solicitation of names

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

Persons whose names are provided to be appointed

Start of inserted block

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

End of inserted block

Proportional distribution

Start of inserted block

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

End of inserted block

Removal or replacement

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

Lists of election officers

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

Identification

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

Refusal to appoint

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

Recommendation of another person

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

Record of election officers’ powers and duties

Start of inserted block

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

End of inserted block

Election officers

Start of inserted block

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

End of inserted block

2014, c. 12, s. 22(2)

30Subsections 41(2) to (4) of the Act are replaced by the following:

Notice

(4)When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), he or she shall notify those registered parties without delay of that right.

31Section 42 of the Act is replaced by the following:

Attribution of votes for appointments

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

  • Start of inserted block

    (a)the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and

    End of inserted block
  • Insertion start (b) Insertion end Insertion start Insertion end Insertion start that candidate is deemed to have received Insertion end the Insertion start same Insertion end number of votes Insertion start as Insertion end the candidate Insertion start who, among the candidates of Insertion end the merging Insertion start parties, received Insertion end the largest number of votes at that election.

32Paragraphs 43(a) to (c) of the Act are replaced by the following:

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

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

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

2007, c. 21, s. 3

33Subsection 43.‍1(1) of the English version of the Act is replaced by the following:

Right of access

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

34The heading of Part 4 of the Act is replaced by the following:

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

35The heading “Maintenance and Communication of Register” before section 44 of the English version of the Act is replaced by the following:

Maintenance and Communication

2001, c. 21, s. 4; 2007, c. 21, s. 4

36Section 44 of the Act is replaced by the following:

Maintenance of Registers

44(1)The Chief Electoral Officer shall maintain

  • Insertion start (a) Insertion end a register of Insertion start persons Insertion end who are qualified as electors, to be known as the Register of Electors; Insertion start and Insertion end

  • Start of inserted block

    (b)a register of persons who are qualified as future electors, to be known as the Register of Future Electors.

    End of inserted block

Contents of Registers

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

Identifier

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

Future electors becoming electors

Start of inserted block

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

End of inserted block

Inclusion optional

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

Parental consent not necessary

Start of inserted block

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

End of inserted block

2007, c. 21, s. 5

37Subsection 45(1) of the Act is replaced by the following:

Lists to members and registered parties

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

38The heading before section 46 of the English version of the Act is replaced by the following:

Start of inserted block

Updates

End of inserted block

39(1)The portion of subsection 46(1) of the Act before subparagraph (b)‍(i) is replaced by the following:

Sources of information

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

  • (a)information

    • (i)that electors Insertion start or future electors, as the case may be Insertion end , have given the Chief Electoral Officer, or

    • (ii)that is held by a federal department or body and that electors Insertion start or future electors, as the case may be Insertion end , have expressly authorized to be given to the Chief Electoral Officer; and

  • (b)information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, Insertion start gender Insertion end , date of birth, civic address and mailing address of electors Insertion start and future electors Insertion end included in the Register of Electors Insertion start or Register of Future Electors, as the case may be Insertion end , and that

2007, c. 21, s. 6

(2)Subsection 46(1.‍1) of the Act is replaced by the following:

Source of information: Register of Future Electors

Start of inserted block

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

End of inserted block

Retention of certain information

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

2007, c. 21, s. 7

40Sections 46.‍1 and 46.‍2 of the Act are replaced by the following:

Information from Minister of Citizenship and Immigration

Start of inserted block

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

  • (a)his or her surname and given names;

  • (b)his or her gender;

  • (c)his or her date of birth;

  • (d)his or her addresses; and

  • (e)any unique identifier that that Minister has assigned to him or her under that Act.

    End of inserted block

Citizenship information

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

Information in respect of deceased individuals

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

2007, c. 21, s. 8

41Sections 47.‍1 to 51 of the Act are replaced by the following:

Other duties

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

Adding electors and future electors

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

Obligation of elector or future elector

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

Exceptions

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

  • (a) Insertion start done Insertion end at Insertion start his or her Insertion end request;

  • (b) Insertion start done using information from Insertion end lists of electors Insertion start or future electors Insertion end established under provincial law Insertion start that Insertion end contain information that the Chief Electoral Officer considers sufficient for the Insertion start elector’s or future elector’s Insertion end inclusion; or

  • Start of inserted block

    (c)done using information to update the Register of Electors under subsection 46(1.‍01).

    End of inserted block

Listing requests

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

  • (a)a signed certification that he or she is qualified as an elector Insertion start or as a future elector, as the case may be Insertion end ;

  • (b)his or her surname, given names, Insertion start gender Insertion end , date of birth, civic address and mailing address; and

  • (c)satisfactory proof of identity.

Optional information

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

Corrections

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

Verification

51The Chief Electoral Officer may

  • (a)contact an elector Insertion start or future elector Insertion end to verify the Chief Electoral Officer’s information relating to him or her; and

  • (b)request the elector Insertion start or future elector Insertion end to confirm, correct or complete the information within 60 days after receiving the request.

42(1)The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:

Deletion of names

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

(2)Paragraph 52(1)‍(b) of the Act is replaced by the following:

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

2014, c. 12, s. 23(1)

(3)Paragraph 52(1)‍(d) of the Act is replaced by the following:

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

  • Start of inserted block

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

    End of inserted block

(4)Subsection 52(2) of the Act is replaced by the following:

Deletion of name — discretionary

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

43Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:

Restriction — Register of Future Electors

Start of inserted block

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

  • (a)updating the Register of Electors; or

  • (b)the transmission of information in the course of public education and information programs implemented under subsection 18(1).

    End of inserted block

44Section 54 of the Act is replaced by the following:

Access to personal information

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

2007, c. 21, s. 9

45Subsection 55(1) of the Act is replaced by the following:

Provincial bodies

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

2007, c. 21, s. 10(1)

46(1)Paragraphs 56(a) to (d) of the Act are replaced by the following:

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

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

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

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

2007, c. 21, s. 10(2)

(2)Subaragraph 56(e)‍(ii) of the Act is replaced by the following:

  • Start of inserted block

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

    End of inserted block

(3)Section 56 of the Act is amended by striking out “or” at the end of subparagraph (e)‍(iii) and by adding the following after paragraph (e):

  • Start of inserted block

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

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

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

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

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

      End of inserted block

2001, c. 21, s. 5

47Paragraph 57(1.‍2)‍(c) of the Act is replaced by the following:

  • (c)fix the date for voting at the election, which date must be Insertion start no earlier than the 36th day and no later than the 50th day Insertion end after the Insertion start day on which Insertion end the writ Insertion start was issued Insertion end .

48Subsections 59(2) and (3) of the Act are replaced by the following:

Duties of Chief Electoral Officer

(2)If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and, Insertion start on being ordered by the Governor in Council to do so, shall Insertion end , within three months after Insertion start the date of Insertion end publication of the notice, issue a new writ ordering an election Insertion start to be held Insertion end .

Polling day

(3)The day named in the new writ for polling day Insertion start is determined by the Governor in Council, but Insertion end may be Insertion start no Insertion end later than Insertion start the 50th day Insertion end after the Insertion start day on which Insertion end the new writ Insertion start was issued Insertion end .

Postponement of election and new polling day

Start of inserted block

(4)If the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.

End of inserted block

Postponement of election — rules

Start of inserted block

(5)If the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:

  • (a)if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.‍2)‍(c) and not the day fixed under subsection (4);

  • (b)if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, then

    • (i)anything done as authorized or required on or before the day on which the postponement order is made is valid, and

    • (ii)in respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;

  • (c)if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, then

    • (i)anything done as authorized or required on that day is valid, and

    • (ii)in respect of anything not done as authorized or required on that day, the day on which the thing is authorized or required to be done is postponed by the number of days by which the election is postponed;

  • (d)if a period is extended under subparagraph (b)‍(ii) or a day is postponed under subparagraph (c)‍(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; and

  • (e)for the purposes of this subsection, if the original polling day fixed under paragraph 57(1.‍2)‍(c) is a Tuesday because of section 56.‍2 or subsection 57(4), it is deemed to be a Monday.

    End of inserted block

49Subsection 60(1) of the Act is replaced by the following:

Returning officer to open and maintain office

60(1)Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises Insertion start that are accessible to electors Insertion end with Insertion start a disability Insertion end in a convenient place in the electoral district and shall maintain the office throughout the election period.

50Paragraph 61(2)‍(b) of the Act is replaced by the following:

  • Start of inserted block

    (b)make a solemn declaration in the prescribed form; and

    End of inserted block

51Subsection 64(3) of the Act is replaced by the following:

Notice to election officers

(3)The returning officer shall Insertion start make Insertion end the notice of grant of a poll Insertion start available Insertion end to, Insertion start for Insertion end each Insertion start polling station, an election officer who is assigned to work in the polling station. The election officer Insertion end shall post the notice in the polling Insertion start station Insertion end .

52(1)Paragraph 65(a) of the French version of the Act is replaced by the following:

  • a)les personnes qui n’ont pas qualité d’électeur le jour où leur acte de candidature Insertion start est déposé Insertion end ;

(2)Paragraphs 65(d) and (e) of the Act are replaced by the following:

  • Start of inserted block

    (e)the Chief Electoral Officer;

    End of inserted block

53(1)The portion of paragraph 66(1)‍(a) of the Act before subparagraph (i) is replaced by the following:

  • (a)a Insertion start solemn declaration, in the prescribed form, made Insertion end by the prospective candidate of

(2)Paragraph 66(1)‍(a) of the Act is amended by adding the following after subparagraph (i):

  • Start of inserted block

    (i.‍1)any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),

    End of inserted block

2014, c. 12, s. 26(1)

(3)Subparagraph 66(1)‍(a)‍(iv) of the Act is replaced by the following:

  • (iv)the auditor’s name, address and occupation, Insertion start if Insertion end the prospective Insertion start candidate has Insertion end appointed Insertion start an auditor Insertion end under subsection 477.‍1(2);

2001, c. 21, s. 7

(4)Subparagraph 66(1)‍(a)‍(v) of the French version of the Act is replaced by the following:

  • (v)le nom du parti politique qui la soutient ou, faute de soutien, son intention d’être désignée par la mention « Insertion start indépendant(e) Insertion end » ou de n’avoir aucune désignation d’appartenance politique dans les documents électoraux;

(5)Paragraph 66(1)‍(a) of the Act is amended by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):

  • Start of inserted block

    (vi)if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)‍(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;

    End of inserted block

(6)Paragraphs 66(1)‍(b) and (c) of the Act are replaced by the following:

  • (b)a statement signed by the prospective candidate consenting to the nomination;

(7)Subsection 66(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

  • Start of inserted block

    (h)if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).

    End of inserted block

2014, c. 12, ss. 26(2)‍(F) and (3)

(8)Subsections 66(2) to (4) of the Act are replaced by the following:

Particulars of candidates — name

(2)For the purpose of Insertion start subparagraphs Insertion end (1)‍(a)‍(i) Insertion start and (i.‍1) Insertion end , the name shall not include any title, degree or other prefix or suffix.

Particulars of candidates — occupation

(3) Insertion start For the purpose of Insertion end subparagraph Insertion start (1)‍(a)‍(i) Insertion end , the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.

Witness ensures signatures are local electors’

Start of inserted block

(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.

End of inserted block

2015, c. 37, ss. 2(2) and 6(2)

54Section 67 of the Act is replaced by the following:

Filing of nomination paper

67(1)A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the Insertion start prospective candidate Insertion end is seeking nomination at any time between Insertion start the date of Insertion end the issue of the Notice of Election and the close of nominations.

Proof of identity — prospective candidate

Start of inserted block

(2)A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:

  • (a)one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)‍(a)‍(i); or

  • (b)two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

    End of inserted block

Authorized types of identification

Start of inserted block

(3)The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.

End of inserted block

Name prospective candidate commonly known by — documents

Start of inserted block

(4)If a prospective candidate wishes a name referred to in subparagraph 66(1)‍(a)‍(i.‍1) to appear on the ballot instead of the name referred to in subparagraph 66(1)‍(a)‍(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.

End of inserted block

Authorized types of documents

Start of inserted block

(5)The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).

End of inserted block

Auditor’s consent

Insertion start (6) Insertion end Insertion start Insertion end Insertion start If a Insertion end prospective candidate Insertion start has appointed Insertion end an Insertion start auditor, the prospective candidate shall file Insertion end with the returning officer Insertion start by the close of nominations Insertion end a statement signed by the auditor consenting to act in that capacity.

Authorized person

Start of inserted block

(7)A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).

End of inserted block

Proof of identity — authorized person

Start of inserted block

(8)A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:

  • (a)a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)‍(a)‍(i); or

  • (b)a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

    End of inserted block

55Section 68 of the Act is amended by adding the following after subsection (2):

Names of endorsed candidates

Start of inserted block

(3)The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with

  • (a)the name of every prospective candidate who has been endorsed by the party;

  • (b)the electoral district in which the prospective candidate intends to be a candidate; and

  • (c)the name of the person or persons who endorsed the prospective candidate on the party’s behalf.

    End of inserted block

Information to returning officers

Start of inserted block

(4)As soon as feasible after receiving the information set out in paragraphs (3)‍(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)‍(b).

End of inserted block

56(1)Subsection 70(2) of the French version of the Act is replaced by the following:

Clôture des candidatures

(2) Insertion start Un Insertion end acte de candidature ne peut être reçu Insertion start de quiconque entre Insertion end au bureau du directeur du scrutin après 14 h le jour de clôture.

(2)Subsection 70(3) of the Act is replaced by the following:

Designated filing place

(3)The returning officer may authorize a person to receive Insertion start — or examine, in the case of paragraph (b) — the following Insertion end in any place designated by the returning officer:

  • Insertion start (a) Insertion end the nomination paper;

  • Start of inserted block

    (b)the piece or pieces of identification referred to in paragraphs 67(2)‍(a) and (b);

  • (c)the documents referred to in subsection 67(4);

    End of inserted block
  • Insertion start (d) Insertion end the statement Insertion start referred to in subsection 67(6) Insertion end ; and

  • Start of inserted block

    (e)the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)‍(a) and (b).

    End of inserted block

57(1)Paragraph 71(2)‍(a) of the Act is replaced by the following:

  • Start of inserted block

    (a)that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;

    End of inserted block
  • Insertion start (a.‍1) Insertion end that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)‍(e) or (f), as the case may be;

(2)Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • Start of inserted block

    (c)that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)‍(a) in respect of that prospective candidate.

    End of inserted block

58The Act is amended by adding the following after section 71:

Name prospective candidate commonly known by — determination

Start of inserted block

71.‍1(1)If a nomination paper includes a name referred to in subparagraph 66(1)‍(a)‍(i.‍1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.

End of inserted block

Confusion with name of political party — determination

Start of inserted block

(2)If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.

End of inserted block

Name to appear on ballot

Start of inserted block

(3)The name referred to in subparagraph 66(1)‍(a)‍(i.‍1) shall be the name that appears on the ballot in respect of the prospective candidate unless

  • (a)the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or

  • (b)the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.

    End of inserted block

Clarification

Start of inserted block

(4)For greater certainty, if the name referred to in subparagraph 66(1)‍(a)‍(i.‍1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)‍(a)‍(i).

End of inserted block

Notice of name to appear on ballot

Start of inserted block

(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 in subparagraph 66(1)‍(a)‍(i.‍1) is the name that is to appear on the ballot in respect of the prospective candidate.

End of inserted block

59Section 72 of the Act is repealed.

60Subsection 73(1) of the Act is replaced by the following:

Electronic filing

73(1)A Insertion start person who files a Insertion end nomination paper Insertion start or any other document under section 67 Insertion end may Insertion start do so Insertion end by electronic means. In order for the nomination to be valid, the returning officer must receive the Insertion start document Insertion end in electronic form by the close of nominations.

Proof of identity

Start of inserted block

(1.‍1)If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)‍(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).

End of inserted block

2001, c. 21, s. 10(E)

61Sections 91 and 92 of the Act are replaced by the following:

Publishing false statement to affect election results

91(1)No person Insertion start or entity Insertion end shall, with the intention of affecting the results of an election, make or publish, Insertion start during the election period Insertion end ,

  • Start of inserted block

    (a)a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; or

  • (b)a false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.

    End of inserted block

Clarification

Start of inserted block

(2)Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.

End of inserted block

Publishing false statement of candidate’s withdrawal

92No person Insertion start or entity Insertion end shall publish a false statement Insertion start that indicates that Insertion end a candidate Insertion start has withdrawn Insertion end .

2007, c. 21, s. 13

62Subsections 93(1) and (1.‍1) of the Act are replaced by the following:

Preliminary lists and information to returning officer

93(1)As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall Insertion start make Insertion end it Insertion start available Insertion end to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.

Preliminary lists to parties

(1.‍1)The Chief Electoral Officer shall Insertion start make available Insertion end , to each registered party or eligible party that requests Insertion start them Insertion end , the preliminary lists of electors for an electoral district in respect of which a writ has been issued.

63Section 94 of the Act is replaced by the following:

Preliminary lists to candidates

94Each returning officer Insertion start to whom Insertion end the preliminary lists of electors for his or her electoral district Insertion start have been made available Insertion end shall Insertion start make them available Insertion end to each candidate in the electoral district who requests them.

64(1)Paragraphs 95(1)‍(a) and (b) of the Act are replaced by the following:

  • Start of inserted block

    (a)are incarcerated electors as defined in section 177;

    End of inserted block

(2)Paragraph 95(2)‍(a) of the Act is replaced by the following:

  • (a)the address of the elector’s polling station, and whether or not it Insertion start is in premises that are accessible to electors with a disability Insertion end ;

(3)Paragraphs 95(3)‍(b) and (c) of the Act are replaced by the following:

  • (b)requires Insertion start a polling station that is in premises that are accessible to electors with a disability, which Insertion end his or her polling station Insertion start is Insertion end not; or

  • (c)is unable to attend at a polling station because of a disability.

2014, c. 12, s. 34

65Sections 97 and 98 of the Act are replaced by the following:

Election officers who are designated to receive applications

97(1)The returning officer, assistant returning officer and Insertion start other election officers Insertion end for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.

Applications for addition, correction or deletion

(2)All applications referred to in subsection (1) that are received by Insertion start election officers other than the returning officer or assistant returning officer Insertion end shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

Revision offices

98The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall Insertion start be in premises that are accessible to electors with a disability Insertion end .

66Section 100 of the Act is replaced by the following:

Election officers to act in pairs

100(1) Insertion start Election officers Insertion end shall act Insertion start in pairs when they Insertion end assist Insertion start the returning officer or assistant returning officer Insertion end in the revision of the preliminary lists of electors.

Disagreement between election officers

(2)In case of disagreement Insertion start between members of a pair Insertion end , the Insertion start two election officers Insertion end shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.

2007, c. 21, s. 16(1)

67Paragraph 101(1)‍(d) of the Act is replaced by the following:

  • (d)the elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and Insertion start makes Insertion end the Insertion start solemn declaration in the Insertion end prescribed Insertion start form Insertion end , at their residence and in the presence of Insertion start a pair of election officers assisting the returning officer or assistant returning officer in Insertion end the Insertion start revision of the preliminary lists of electors Insertion end .

68The heading before section 103 and sections 103 and 104 of the Act are repealed.

2007, c. 21, s. 17

69Section 104.‍1 of the Act is replaced by the following:

Lists to candidates

104.‍1Each returning officer shall, on the 19th day before polling day, Insertion start make available Insertion end the most current preliminary lists of electors for Insertion start his or her Insertion end electoral district to each candidate in the electoral district who requests Insertion start them Insertion end .

Lists to registered parties

Start of inserted block

104.‍2The Chief Electoral Officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.

End of inserted block

2014, c. 12, ss. 36 and 37

70Sections 106 and 107 of the Act are replaced by the following:

Official list of electors

106Each 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 Insertion start station Insertion end for use on polling day.

Form of lists

107(1)The revised list of electors for each polling division and official list of electors Insertion start for each polling station Insertion end shall be in the form established by the Chief Electoral Officer.

Lists to election officers

(2)Each returning officer shall Insertion start make available Insertion end to Insertion start election officers Insertion end the revised list of electors or official list of electors, as the case may be, that the Insertion start election officers need Insertion end to conduct the vote in Insertion start the Insertion end advance polling station or polling station Insertion start to which they are assigned Insertion end . The list shall indicate each elector’s year of birth.

Lists to candidates

(3)Each returning officer shall Insertion start make available Insertion end to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.

Lists to registered parties

Start of inserted block

(4)The Chief Electoral Officer shall make available, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.

End of inserted block

71Subsection 108(2) of the Act is repealed.

2001, c. 21, s. 11

72Subsections 109(2) and (3) of the Act are replaced by the following:

Lists to member and parties

(2)The Chief Electoral Officer shall Insertion start make available Insertion end the final lists of electors for each electoral district to each registered party that Insertion start has endorsed Insertion end a candidate in the electoral district and to the member who was elected for the electoral district Insertion start in the last election Insertion end .

2007, c. 21, s. 19; 2014, c. 12, s. 38

73Section 110 of the Act is replaced by the following:

Registered parties

110(1)A registered party Insertion start to which Insertion end lists of electors Insertion start are made available Insertion end under section 45, subsection 93(1.‍1), section Insertion start 104.‍2, subsection 107(4) or section Insertion end 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

Eligible parties

(1.‍1)An eligible party Insertion start to which Insertion end preliminary lists of electors Insertion start are made available Insertion end under subsection 93(1.‍1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

Members

(2)A member Insertion start to whom Insertion end lists of electors or final lists of electors Insertion start are made available Insertion end under section 45 or 109, respectively, may use the lists for

  • (a)communicating with his or her electors; and

  • (b) Insertion start if Insertion end the Insertion start member is Insertion end a member of a registered party, soliciting contributions for the registered party and recruiting party members.

Candidates

(3)A candidate Insertion start to whom Insertion end the preliminary lists of electors Insertion start are made available Insertion end under section 94 or 104.‍1, or Insertion start to whom Insertion end the revised lists of electors or the official lists of electors Insertion start are made available Insertion end under subsection 107(3), may use the lists for communicating with his or her electors during Insertion start the Insertion end election period, including using them for soliciting contributions and campaigning.

74Subparagraph 111(f)‍(ii) of the Act is replaced by the following:

  • Start of inserted block

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

    End of inserted block

75The heading before section 112 of the Act is replaced by the following:

List of Insertion start Election Insertion end Officers

76Subsection 112(1) of the Act is replaced by the following:

List of election officers to candidates

112(1)A returning officer shall, at least three days before polling day, post in his or her office, and Insertion start make available Insertion end to each candidate or candidate’s representative, a list of the names of all the Insertion start election Insertion end officers appointed to act in the electoral district Insertion start who are assigned to a polling station, along Insertion end with the polling station Insertion start to which Insertion end each Insertion start officer Insertion end is Insertion start assigned Insertion end .

77Section 113 of the Act is replaced by the following:

Delivery to returning officers

113The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to Insertion start exercise their powers and Insertion end perform their duties.

78Subsection 114(2) of the Act is replaced by the following:

Material of ballot box

(2)Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and Insertion start other election Insertion end officers to be affixed.

79Subsection 116(6) of the French version of the Act is replaced by the following:

Nom de l’imprimeur et affidavit

(6)Les bulletins de vote doivent porter le nom de l’imprimeur qui doit, lorsqu’il les livre au directeur du scrutin, lui remettre Insertion start un affidavit Insertion end , selon le formulaire prescrit, précisant leur description, le nombre qu’il lui livre et le fait qu’il s’est conformé au paragraphe (5).

80(1)Subsection 117(1) of the Act is replaced by the following:

Information on the ballot

117(1)Ballots shall contain the names of candidates Insertion start referred to in subparagraph 66(1)‍(a)‍(i) or (i.‍1), as the case may be, and Insertion end taken from their nomination papers, arranged alphabetically.

2001, c. 21, s. 12

(2)Paragraph 117(2)‍(b) of the Act is replaced by the following:

  • Start of inserted block

    (b)the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and

    End of inserted block

2001, c. 21, s. 12

(3)Subsection 117(3) of the French version of the Act is replaced by the following:

Mention « indépendant(e) »

(3)Le bulletin de vote porte la mention « Insertion start indépendant(e) Insertion end » sous le nom du candidat qui l’a demandé conformément au sous-alinéa 66(1)a)‍(v), et seulement dans ce cas.

(4)Subsection 117(5) of the French version of the Act is replaced by the following:

Mention de l’adresse ou de la profession

(5)Dans les cas où au moins deux candidats ont le même nom et ont indiqué leur intention d’être désignés par la mention « Insertion start indépendant(e) Insertion end » ou de n’avoir aucune désignation de parti dans le cadre du sous-alinéa 66(1)a)‍(v), les bulletins de vote mentionnent l’adresse ou la profession de ces candidats s’ils en font la demande par écrit au directeur du scrutin Insertion start avant Insertion end 17 h le jour de clôture.

81The heading before section 119 of the Act is replaced by the following:

Insertion start Provision Insertion end of Election Materials to Insertion start Election Officers Insertion end

82(1)The portion of subsection 119(1) of the Act before paragraph (c) is replaced by the following:

Materials to be provided to election officers

119(1)Before voting begins, each returning officer shall provide, in Insertion start accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s Insertion end electoral district with

  • (a)enough ballots for at least the number of electors on the official list of electors for the polling station;

  • (b)a statement showing the number of ballots that are Insertion start provided Insertion end , with their serial numbers;

(2)Paragraph 119(1)‍(f) of the French version of the Act is replaced by the following:

  • f)la liste électorale officielle à utiliser Insertion start au Insertion end bureau de scrutin, qu’il place si possible dans l’urne avec les bulletins de vote et autres accessoires;

(3)Subsection 119(2) of the Act is replaced by the following:

Safekeeping of election materials

(2)Until the opening of the poll, Insertion start the election officers are Insertion end responsible for all election materials in Insertion start their Insertion end possession and shall take every precaution Insertion start to ensure Insertion end the safekeeping of those materials and to prevent any person from having unlawful access to them.

83Section 120 of the Act and the heading before it are replaced by the following:

Polling Stations

Establishment of polling stations

120Each returning officer shall, for polling day, establish Insertion start polling stations and assign Insertion end each polling division Insertion start to a Insertion end polling station.

84Subsections 121(1) and (2) of the Act are replaced by the following:

Accessibility

121(1)A polling station shall be Insertion start in premises that are accessible to electors Insertion end with Insertion start a disability Insertion end .

Exception

(2)If a returning officer is unable to secure suitable premises for a polling station Insertion start that are accessible to electors Insertion end with Insertion start a disability Insertion end , the returning officer may, with the prior approval of the Chief Electoral Officer, Insertion start establish Insertion end the polling station in premises Insertion start that are not accessible to such electors Insertion end .

85Subsections 122(1) and (2) of the Act are replaced by the following:

Polling station in school or other public building

(2)Whenever possible, a returning officer shall Insertion start establish Insertion end a polling station in a school or other suitable public building.

2014, c. 12, s. 42

86Sections 123 and 124 of the Act are repealed.

2014, c. 12, s. 43

87Section 125.‍1 of the Act is replaced by the following:

Information — location of polling stations

125.‍1(1)The returning officer for an electoral district Insertion start and the Chief Electoral Officer Insertion end shall Insertion start make Insertion end the addresses of all of the polling stations in the electoral district Insertion start available to, respectively Insertion end , each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be Insertion start made available Insertion end on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, Insertion start along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station Insertion end .

Notification of change — on or before 5th day before polling day

(2)If, on or before the 5th day before polling day, there is a change in the Insertion start address Insertion end of any polling Insertion start station Insertion end in the electoral district, the returning officer Insertion start and the Chief Electoral Officer Insertion end shall without delay Insertion start make that information available to Insertion end the candidates and the political parties Insertion start respectively, along with maps of the electoral district indicating the new location of the polling station Insertion end .

Notification of change — after 5th day before polling day

(3)If, after the 5th day before polling day, there is a change in the Insertion start address Insertion end of any polling Insertion start station Insertion end in the electoral district, the returning officer Insertion start and the Chief Electoral Officer Insertion end shall without delay Insertion start make that information available to Insertion end the candidates and the political parties Insertion start respectively Insertion end .

88(1)Paragraphs 135(1)‍(a) and (b) of the Act are replaced by the following:

  • (a) Insertion start any field liaison Insertion end officer;

  • (b)the returning officer, his or her representatives and Insertion start any member of his or her staff whom he or she authorizes to be present Insertion end ;

  • Start of inserted block

    (b.‍1)any election officer whom the returning officer authorizes to be present;

    End of inserted block

2014, c. 12, s. 44(1)

(2)Paragraphs 135(1)‍(g) and (h) of the Act are replacing by the following:

  • (h)if a polling division of an electoral district in which a registered Insertion start party’s Insertion end leader is a candidate is Insertion start assigned to Insertion end the polling station, any media representative who — subject to any conditions that the Chief Electoral Officer considers necessary to protect the integ­rity of the vote and the privacy of any person present at the polling station — is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any Insertion start audio or Insertion end video recording of the candidates as they cast their votes; and

  • Start of inserted block

    (i)the auditor referred to in section 164.‍1.

    End of inserted block

2014, c. 12, s. 44(2)

(3)Subsections 135(2) to (5) of the Act are replaced by the following:

Delivery of representative’s authorization

(2)When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form, Insertion start or a copy of it Insertion end , to Insertion start an election officer who is assigned to the polling station Insertion end .

Representative authorized in writing

(3)A representative bearing a written authorization referred to in subsection (2), Insertion start or a copy of one Insertion end , is a representative of the candidate Insertion start for the purposes Insertion end of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate.

Solemn declaration

(4)Each representative of a candidate or each elector described in paragraph (1)‍(d), on being admitted to the polling station, shall Insertion start make a solemn declaration Insertion end in the prescribed form.

Solemn declaration

(5)A candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, Insertion start make a solemn declaration in the Insertion end prescribed Insertion start form Insertion end before Insertion start an election officer who is assigned to Insertion end that polling station. The representative is not required to Insertion start make Insertion end another Insertion start solemn declaration Insertion end on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already Insertion start made Insertion end the Insertion start solemn declaration Insertion end .

89Subsection 136(2) of the Act is replaced by the following:

Representatives may absent themselves from poll

(2)A representative of a candidate, or an elector described in paragraph 135(1)‍(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent, Insertion start or a copy of one Insertion end , or to Insertion start make Insertion end another Insertion start solemn declaration Insertion end .

90(1)Subsection 138(1) of the Act is replaced by the following:

Initialling ballots

138(1)Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, Insertion start an election officer who is assigned to the polling station Insertion end shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

(2)Subsections 138(2) and (3) of the French version of the Act are replaced by the following:

Interdiction de défaire le carnet

(2)Le Insertion start fonctionnaire électoral Insertion end appose son paraphe sans détacher le bulletin de vote du carnet.

Cas de manque de temps

(3)L’apposition du paraphe ne peut avoir pour effet de retarder l’ouverture du scrutin; s’il n’a pas paraphé tous les bulletins de vote à l’heure d’ouverture, le Insertion start fonctionnaire électoral Insertion end le fait Insertion start dans les meilleurs délais Insertion end , avant de remettre les bulletins aux électeurs.

91The portion of section 140 of the Act before paragraph (a) is replaced by the following:

Examining and sealing ballot box

140When the polling station opens, Insertion start an election officer who is assigned to the polling station Insertion end shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

92Sections 141 and 142 of the Act are replaced by the following:

Calling electors

141Immediately after the ballot box is sealed, Insertion start an election officer who is assigned to the polling station Insertion end shall call on the electors to vote.

Electors not to be impeded

142 Insertion start An election officer who is assigned to the polling station Insertion end shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

2007, c. 21, s. 21

93(1)Subsection 143(1) of the Act is replaced by the following:

Elector to give name and address

143(1)Each elector, Insertion start in order to receive a ballot Insertion end , shall give his or her name and address to Insertion start an election officer who is assigned to Insertion end the polling station, and, on request, to a candidate or Insertion start a candidate’s Insertion end representative.

2014, c. 12, s. 46(1)

(2)The portion of subsection 143(2) of the Act before paragraph (a) is replaced by the following:

Proof of identity and residence

(2)If the Insertion start election officer Insertion end determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide the Insertion start election Insertion end officer with the following proof of his or her identity and residence:

2007, c. 21, s. 21

(3)Paragraph 143(2)‍(a) of the English version of the Act is replaced by the following:

  • (a)one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of Insertion start such a Insertion end government, that contains a photograph of the elector and his or her name and address; or

2014, c. 12, s. 46(3)

(4)Subsection 143(2.‍1) of the Act is replaced by the following:

Authorized types of identification

(2.‍1)The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)‍(b). For greater certainty, any document may be authorized, regardless of who issued Insertion start it Insertion end .

2014, c. 12, s. 46(4)

(5)Subsection 143(3) of the Act is replaced by the following:

Solemn declaration

(3)An elector may instead prove his or her identity and residence by Insertion start making Insertion end the Insertion start solemn declaration referred to Insertion end in subsection Insertion start 549.‍1 Insertion end (1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division Insertion start and Insertion end who

  • (a) Insertion start provides Insertion end the Insertion start election officer referred to in subsection (1) with Insertion end the piece or pieces of identification referred to in paragraph (2)‍(a) or (b), respectively; and

  • (b) Insertion start vouches for Insertion end the elector Insertion start by making Insertion end the Insertion start solemn declaration referred to Insertion end in subsection Insertion start 549.‍1 Insertion end (2) in writing.

2007, c. 37, s. 1

(6)Subsection 143(3.‍2) of the Act is replaced by the following:

Request to make solemn declaration

(3.‍2)Despite subsection (3.‍1), Insertion start if the election officer referred to in subsection (1) Insertion end , a candidate or Insertion start a Insertion end candidate’s representative has reasonable doubts concerning the residence of an elector referred to in subsection Insertion start (3.‍1) Insertion end , Insertion start the officer, candidate or representative Insertion end may request that the elector Insertion start make Insertion end the Insertion start solemn declaration referred to Insertion end in Insertion start subsection 549.‍1(1) in writing Insertion end , in which case Insertion start the elector’s Insertion end residence is deemed to have been proven only if he or she Insertion start makes Insertion end that Insertion start solemn declaration Insertion end .

2007, c. 21, s. 21; 2014, c. 12, s. 46(6)

(7)Subsections 143(4) to (6) of the Act are replaced by the following:

Voting

(4)If the Insertion start election Insertion end officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2), (3), Insertion start (3.‍1) Insertion end or Insertion start (3.‍2) Insertion end , the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

2007, c. 21, s. 21; 2014, c. 12, s. 47

94Sections 143.‍1 and 144 of the Act are replaced by the following:

Requirement before making solemn declaration — elector

143.‍1(1)If a person decides to prove his or her Insertion start identity and Insertion end residence by Insertion start making the solemn declaration referred to in subsection 549.‍1(1) Insertion end in writing, Insertion start an election officer Insertion end shall, before the person Insertion start makes the solemn declaration Insertion end , advise Insertion start him or her in writing Insertion end of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

Requirement before making solemn declaration — vouching for elector

(2)If a person decides to Insertion start vouch for Insertion end an elector by Insertion start making the solemn declaration referred to in subsection 549.‍1(2) Insertion end in writing, Insertion start an election officer Insertion end shall, before the person Insertion start makes the solemn declaration Insertion end , advise Insertion start him or her in writing Insertion end of the penalty that may be imposed under this Act on a person who contravenes Insertion start any of subsections 282.‍1(1) to (3) Insertion end or 549(3).

Proof of qualification as elector

144 Insertion start If the election officer referred to in subsection 143(1), a Insertion end candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, Insertion start the officer, candidate or representative Insertion end may request that the person Insertion start make Insertion end the Insertion start solemn declaration referred to in subsection 549.‍1(1) in writing, in which case Insertion end the person shall not be allowed to vote unless he or she Insertion start makes Insertion end that Insertion start solemn declaration Insertion end .

2007, c. 21, s. 22; 2014, c. 12, ss. 48 and 49

95Sections 146 to 148.‍1 of the Act are replaced by the following:

Name and address corresponding closely to another

146If the name and address of a person who Insertion start asks for Insertion end a ballot Insertion start do not appear Insertion end in the list of electors Insertion start but a different Insertion end name and address Insertion start in that list Insertion end correspond so closely as to suggest that Insertion start they are Insertion end intended to refer to that person, the person shall not be allowed to vote unless he or she Insertion start makes a solemn declaration Insertion end in the prescribed Insertion start form Insertion end .

Person in whose name another has voted

147 Insertion start (1) Insertion end If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she Insertion start makes the solemn declaration referred to Insertion end in Insertion start subsection 549.‍1 Insertion end (1) in writing.

Requirement before making solemn declaration

Insertion start (2) Insertion end Insertion start Insertion end Insertion start An election officer shall, before Insertion end the Insertion start person makes the solemn declaration, advise the person in writing of Insertion end the penalty that may be imposed under this Act on a person who is found guilty of Insertion start voting or attempting to vote more than once Insertion end contrary to section Insertion start 281.‍5 Insertion end or of Insertion start requesting or Insertion end applying for a ballot Insertion start or special ballot Insertion end in a name that is not his or her own contrary to paragraph Insertion start 281.‍7(1)‍(a) Insertion end .

Name crossed off list in error

148If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector Insertion start makes Insertion end the Insertion start solemn declaration Insertion end referred to in Insertion start subsection 549.‍1 Insertion end (1) in writing.

Failure to prove identity or residence

148.‍1(1)An elector who fails to prove his or her identity and residence in accordance with section 143 or to Insertion start make a solemn declaration Insertion end otherwise required by this Act shall not receive a ballot or be allowed to vote.

When elector refuses to make solemn declaration

(2)If an elector refuses to Insertion start make a solemn declaration on the ground that Insertion end he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the Insertion start election Insertion end officer Insertion start in whose opinion Insertion end the Insertion start elector is required to make Insertion end the Insertion start solemn declaration Insertion end , the returning officer decides that the elector is not required to Insertion start make it Insertion end , and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

2007, c. 21, ss. 23(1)‍(E), (2) and (3)‍(E)

96Paragraphs 149(a) to (c) of the Act are replaced by the following:

  • (a)the elector gives Insertion start the election Insertion end officer Insertion start referred to in subsection 143(1) Insertion end a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

  • Insertion start (b) Insertion end the elector gives the Insertion start election Insertion end officer a registration certificate described in subsection 161(4).

97Section 150 of the Act is replaced by the following:

Delivery of ballot to elector

150(1)Every elector who is admitted to vote shall be given a ballot by the Insertion start election Insertion end officer Insertion start referred to in subsection 143(1) Insertion end .

Instructions to elector on receiving ballot

(2)The Insertion start election Insertion end officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the Insertion start election Insertion end officer Insertion start who initialed the ballot Insertion end are visible and shall direct the elector to return the marked and folded ballot.

98(1)Paragraph 151(1)‍(c) of the Act is replaced by the following:

  • (c)fold the ballot as instructed by the Insertion start election Insertion end officer; and

(2)Paragraph 151(1)‍(d) of the English version of the Act is replaced by the following:

  • (d)return the ballot to the Insertion start election Insertion end officer.

(3)The portion of subsection 151(2) of the Act before paragraph (a) is replaced by the following:

Return of ballot

(2)The Insertion start election Insertion end officer shall, on receiving the ballot from the elector,

99Subsection 152(1) of the Act is replaced by the following:

Spoiled ballot

152(1)If Insertion start the Insertion end ballot Insertion start is incapable of being Insertion end used, the elector shall return it to the Insertion start election officer referred to in subsection 143(1) Insertion end , who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

100Section 154 of the Act is replaced by the following:

Assistance by election officer

154(1)On request by an elector who is Insertion start unable to Insertion end read or because of a disability Insertion start is Insertion end unable to vote in the manner Insertion start described Insertion end by this Act, Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the Insertion start polling station Insertion end shall assist the elector in the presence of Insertion start another election officer who is assigned to the polling station Insertion end .

Template

(2) Insertion start An election Insertion end officer Insertion start who is assigned to Insertion end the Insertion start polling station Insertion end shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

2000, c. 12, par. 40(2)‍(c)

101(1)Subsection 155(1) of the English version of the Act is replaced by the following:

Assistance by friend or related person

155(1)If an elector requires assistance to vote, Insertion start one of the following persons Insertion end may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:

  • Insertion start (a) Insertion end a friend of the elector;

  • Insertion start (b) Insertion end the elector’s spouse or common-law partner; or

  • Insertion start (c) Insertion end a relative Insertion start of Insertion end the Insertion start elector or Insertion end of the Insertion start elector’s Insertion end spouse or common-law partner.

(2)Subsection 155(2) of the Act is repealed.

2000, c. 12, par. 40(2)‍(d)

(3)The portion of subsection 155(3) of the Act before paragraph (a) is replaced by the following:

Solemn declaration

(3)A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first Insertion start make a solemn declaration, in the prescribed form Insertion end , that he or she

2000, c. 12, par. 40(2)‍(d)

(4)Paragraphs 155(3)‍(a) to (d) of the French version of the Act are replaced by the following:

  • a) Insertion start marquera le bulletin de vote conformément Insertion end aux instructions de l’électeur;

  • b)ne Insertion start divulguera Insertion end pas le vote de l’électeur;

  • c)ne Insertion start tentera Insertion end pas Insertion start d’exercer une influence sur Insertion end celui-ci dans son choix;

  • d)n’a pas déjà aidé, lors de l’élection en cours, une autre personne, à titre d’ami, à voter.

2000, c. 12, par. 40(2)‍(d)

(5)Subsection 155(4) of the Act is repealed.

102Section 156 of the Act is replaced by the following:

Use of interpreter

156 Insertion start An election Insertion end officer Insertion start who is assigned to a polling station Insertion end may appoint a language or sign language interpreter to assist Insertion start election officers at Insertion end the Insertion start polling station Insertion end in communicating to an elector any information that is necessary to enable him or her to vote.

103(1)The portion of subsection 157(1) of the Act before paragraph (a) is replaced by the following:

Elector who is confined to bed

157(1)At a polling station that has been established in a home for the aged or in a chronic care facility, when Insertion start an election officer who is assigned to Insertion end the Insertion start polling station considers Insertion end it necessary, the Insertion start election officer Insertion end shall

(2)Subsection 157(2) of the Act is replaced by the following:

Procedure for taking the votes

(2)When the vote of an elector who is confined to bed is taken, Insertion start an election officer assigned to Insertion end the Insertion start polling station Insertion end shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

104Subsections 158(2) and (3) of the Act are replaced by the following:

Transfer certificate for election officer

(2)An Insertion start election Insertion end officer Insertion start who is assigned to a polling station Insertion end shall issue a transfer certificate to any person —  Insertion start other than himself or herself Insertion end  — whose name appears on the official list of electors for Insertion start the Insertion end polling station and who has been appointed to act as an election officer for another polling station.

Condition

(3)A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person Insertion start exercises the power or Insertion end performs the duty specified in the certificate at the place mentioned in the certificate.

2007, c. 21, s. 25

105Section 159 of the Act is replaced by the following:

Transfer certificate for elector with disability

159(1)An elector who has a disability and is Insertion start therefore Insertion end unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.

Application

(2)The application shall be Insertion start made in accordance with the Chief Electoral Officer’s instructions Insertion end .

Issue of transfer certificate to elector with disability

(3) Insertion start An election Insertion end officer shall issue a transfer certificate in the prescribed form, and Insertion start provide Insertion end the certificate to the person who Insertion start submitted Insertion end the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.

106(1)The portion of section 160 of the Act before paragraph (a) is replaced by the following:

Signing, numbering and recording transfer certificate

160The Insertion start election Insertion end officer Insertion start who issues Insertion end a transfer certificate shall

(2)Paragraph 160(e) of the Act is replaced by the following:

  • (e)if possible, send a copy of the certificate to Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

2007, c. 21, s. 26(1); 2014, c. 12, s. 50(1)‍(F)

107(1)The portion of subsection 161(1) of the Act before paragraph (a) is replaced by the following:

Registration in person

161(1)An elector whose name is not on the list of electors may register in person on polling day Insertion start before an election officer Insertion end if the elector

2014, c. 12, s. 50(1.‍1)

(2)Paragraph 161(1)‍(a) of the French version of the Act is replaced by the following:

  • a)soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;

2014, c. 12, s. 50(1.‍1)

(3)Paragraph 161(1)‍(b) of the Act is replaced by the following:

  • (b)proves his or her identity Insertion start and Insertion end residence by Insertion start making Insertion end the Insertion start solemn declaration referred to Insertion end in subsection Insertion start 549.‍1 Insertion end (1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling division Insertion start and Insertion end who

    • (i) Insertion start provides Insertion end the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

    • (ii) Insertion start vouches for Insertion end the elector Insertion start by making Insertion end the Insertion start solemn declaration referred to Insertion end in subsection Insertion start 549.‍1 Insertion end (2) in writing.

(4)Subsections 161(2) and (3) of the Act are replaced by the following:

Representative of each candidate

(3) Insertion start The election Insertion end officer shall permit each candidate, Insertion start or Insertion end one representative of Insertion start each candidate Insertion end , in the electoral district to be present Insertion start when an elector is being registered Insertion end .

2014, c. 12, s. 50(3)

(5)Subsection 161(4) of the Act is replaced by the following:

Registration certificate

(4)If the elector satisfies the requirements of subsection (1), the Insertion start election Insertion end officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a Insertion start solemn declaration made Insertion end by the elector that he or she is qualified as an elector under section 3.

2014, c. 12, s. 50(5)

(6)Subsections 161(6) and (7) of the Act are repealed.

2014, c. 12, s. 51

108Section 161.‍1 of the Act is replaced by the following:

Requirement before making solemn declaration — elector

161.‍1(1)If a person decides to prove his or her Insertion start identity and Insertion end residence by Insertion start making Insertion end the Insertion start solemn declaration referred to in subsection 549.‍1(1) Insertion end in writing, Insertion start an election officer Insertion end shall, before the person Insertion start makes the solemn declaration Insertion end , advise Insertion start him or her in writing Insertion end of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.‍1) or 549(3).

Requirement before making solemn declaration — vouching for elector

(2)If a person decides to Insertion start vouch for Insertion end an elector by Insertion start making the solemn declaration referred to in subsection 549.‍1(2) Insertion end in writing, Insertion start an election officer Insertion end shall, before the person Insertion start makes the solemn declaration Insertion end , advise Insertion start him or her in writing Insertion end of the penalty that may be imposed under this Act on a person who contravenes Insertion start any of subsections 282.‍1(1) to (3) Insertion end or 549(3).

109The heading before section 162 of the Act is replaced by the following:

Duties of Insertion start Election Officers Assigned to Polling Station Insertion end

110(1)The portion of section 162 of the Act before paragraph (b) is replaced by the following:

Duties

Start of inserted block

162An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall

End of inserted block
  • (a)make, on the prescribed form, the entries Insertion start required Insertion end under this Act;

(2)Paragraph 162(d) of the Act is repealed.

2007, c. 21, s. 28

(3)Paragraphs 162(f) and (g) of the Act are replaced by the following:

  • (f)indicate, if applicable, on the prescribed form that the elector has Insertion start made a solemn declaration Insertion end and the type of Insertion start solemn declaration Insertion end ;

  • (g)indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, or to Insertion start make a solemn declaration Insertion end ;

2007, c. 21, s. 28

(4)Paragraph 162(i) of the Act is replaced by the following:

  • (i)indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the Insertion start solemn declaration referred to in subsection 549.‍1(1) Insertion end has been Insertion start made Insertion end or that any other Insertion start solemn declaration Insertion end that was required to be Insertion start made Insertion end was Insertion start made Insertion end , note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

111Section 164 of the Act is replaced by the following:

Procedure in case of contravention of secrecy

164(1)It is the duty of Insertion start the election officers who are present at the polling station Insertion end to draw the attention of any elector to an offence that the elector commits in contravening Insertion start any of paragraphs 281.‍6(3)‍(a) to (c) Insertion end and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

Clarification

Start of inserted block

(2)For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.

End of inserted block

2014, c. 12, s. 53

112Section 164.‍1 of the Act is replaced by the following:

Engagement of auditor

164.‍1For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether Insertion start election Insertion end officers have properly exercised Insertion start any of Insertion end the powers conferred on them under Insertion start this Act, or Insertion end properly performed Insertion start any of Insertion end the duties imposed on them Insertion start under this Act, that are specified by the Chief Electoral Officer Insertion end .

113Subsection 166(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

114Section 167 of the Act is repealed.

115(1)Subsection 168(4) of the Act is replaced by the following:

Combining advance polling districts

(4)When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the Insertion start prior approval Insertion end of the Chief Electoral Officer, combine two advance polling districts into one district.

(2)Subsection 168(5) of the French version of the Act is replaced by the following:

Demande de modification de l’emplacement d’un bureau de vote par anticipation

(5)Si une demande de modification de l’emplacement d’un bureau de vote par anticipation est présentée au directeur du scrutin au plus tard quatre jours après la délivrance du bref, Insertion start celui-ci Insertion end peut, avec l’agrément Insertion start préalable Insertion end du directeur général des élections, prendre des dispositions en vue de changer le bureau de place.

(3)Subsections 168(6) and (7) of the Act are replaced by the following:

Accessibility

(6)An advance polling station shall be in premises Insertion start that are accessible to electors Insertion end with Insertion start a disability Insertion end .

Exception

(7)If a returning officer is unable to secure suitable premises for an advance polling station Insertion start that are accessible to electors Insertion end with Insertion start a disability Insertion end , the returning officer may, with the prior approval of the Chief Electoral Officer, Insertion start establish Insertion end the advance polling station in premises Insertion start that are not accessible to such electors Insertion end .

Advance polling station in more than one premises

Start of inserted block

(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.

End of inserted block

116The Act is amended by adding the following after section 168:

Start of inserted block

Transfer Certificates

End of inserted block
Transfer certificate for candidate
Start of inserted block

168.‍1(1)A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.

End of inserted block
Transfer certificate for election officer
Start of inserted block

(2)An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.

End of inserted block
Condition
Start of inserted block

(3)A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.

End of inserted block
Transfer certificate for elector whose advance polling station has moved
Start of inserted block

(4)If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.

End of inserted block
Transfer certificate for elector with disability
Start of inserted block

168.‍2(1)An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.

End of inserted block
Application requirements
Start of inserted block

(2)The application shall be made in accordance with the Chief Electoral Officer’s instructions.

End of inserted block
Issue of transfer certificate to elector with disability
Start of inserted block

(3)An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.

End of inserted block
Signing, numbering and recording transfer certificate
Start of inserted block

168.‍3The election officer who issues a transfer certificate shall

  • (a)fill in and sign the certificate and mention on it the date of its issue;

  • (b)consecutively number the certificate in the order of its issue;

  • (c)keep a record of the certificate in the order of its issue on the prescribed form;

  • (d)not issue the certificate in blank; and

  • (e)if possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

    End of inserted block

117(1)Subsection 169(1) of the Act is replaced by the following:

Registration at advance polling station

169(1)Every elector whose name is not on the revised list of electors may register in person, Insertion start at Insertion end the advance polling station where the elector is entitled to vote, before Insertion start an election Insertion end officer Insertion start who is assigned to that advance polling station Insertion end .

2007, c. 21, s. 30(1); 2014, c. 12, s. 54(1)‍(F) and (1.‍1)

(2)The portion of subsection 169(2) of the French version of the Act before paragraph (b) is replaced by the following:

Conditions

(2)Il ne peut toutefois être inscrit que Insertion start s’il établit son identité et sa résidence Insertion end :

  • a)soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;

2014, c. 12, s. 54(1.‍1)

(3)Paragraph 169(2)‍(b) of the Act is replaced by the following:

  • (b)proves his or her identity Insertion start and Insertion end residence by Insertion start making Insertion end the Insertion start solemn declaration referred to Insertion end in subsection Insertion start 549.‍1 Insertion end (1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling division Insertion start and Insertion end who

    • (i) Insertion start provides Insertion end the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

    • (ii) Insertion start vouches for Insertion end the elector Insertion start by making Insertion end the Insertion start solemn declaration referred to Insertion end in subsection Insertion start 549.‍1 Insertion end (2) in writing.

2014, c. 12, s. 54(2)

(4)Subsections 169(3) and (4) of the Act are replaced by the following:

Registration certificate

(3)If the elector satisfies the requirements of subsection (2), Insertion start an election Insertion end officer Insertion start who is assigned to the advance polling station Insertion end shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a Insertion start solemn declaration made Insertion end by the elector that he or she is qualified as an elector under section 3.

Entry

(4) Insertion start An election officer who is assigned to the advance polling station Insertion end shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

2014, c. 12, s. 54(4)

(5)Subsections 169(5) and (6) of the Act are repealed.

2014, c. 12, s. 55

118Section 169.‍1 of the Act is replaced by the following:

Requirement before making solemn declaration — elector

169.‍1(1)If a person decides to prove his or her Insertion start identity and Insertion end residence by Insertion start making the solemn declaration referred to in subsection 549.‍1(1) Insertion end in writing, Insertion start an election officer Insertion end shall, before the person Insertion start makes the solemn declaration Insertion end , advise Insertion start him or her in writing Insertion end of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.‍1) or 549(3).

Requirement before making solemn declaration — vouching for elector

(2)If a person decides to Insertion start vouch for Insertion end an elector by Insertion start making the solemn declaration referred to in subsection 549.‍1(2) Insertion end in writing, Insertion start an election officer Insertion end shall, before the person Insertion start makes the solemn declaration Insertion end , advise Insertion start him or her in writing Insertion end of the penalty that may be imposed under this Act on a person who contravenes Insertion start any of subsections 282.‍1(1) to (3) Insertion end or 549(3).

2014, c. 12, s. 56

119Subsection 171(2) of the Act is replaced by the following:

When advance polling stations to be open

(2)An advance polling station shall be open Insertion start from 9:00 a.‍m. to 9:00 Insertion end p.‍m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, Insertion start and shall not be open at any other time Insertion end .

120(1)Subparagraphs 172(a)‍(iii) and (iv) of the Act are replaced by the following:

  • (iii)the place where, Insertion start for Insertion end each advance polling station, Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the Insertion start advance polling station Insertion end shall count the number of votes cast at the advance polling station, and

  • (iv)that the counting of the votes cast shall Insertion start begin Insertion end on polling day as soon after the close of the polling stations as possible Insertion start or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations Insertion end ; and

(2)Section 172 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • Start of inserted block

    (c)make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.

    End of inserted block

(3)Section 172 of the Act is renumbered as subsection 172(1) and is amended by adding the following:

Maps made available to registered parties

Start of inserted block

(2)The Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.

End of inserted block

2007, c. 21, s. 32

121Subsections 173(2) and (3) of the Act are replaced by the following:

Elector not on the revised list

(2)An elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained Insertion start a transfer certificate under section 168.‍1 or 168.‍2 or Insertion end a registration certificate Insertion start under Insertion end subsection 169(3).

Procedure by election officer

(3)If an elector whose name does not appear on the revised list of electors has voted, Insertion start an election officer who is assigned to Insertion end the Insertion start advance polling station Insertion end shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

2014, c. 12, ss. 57 and 58

122Sections 174 and 175 of the Act are replaced by the following:

Duties of election officer

174(1)If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the Insertion start advance polling station Insertion end shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to Insertion start make a solemn declaration Insertion end otherwise required by this Act.

Record of votes cast

(2) Insertion start An election officer who is assigned to the advance polling station Insertion end shall keep a record in duplicate at the advance polling station, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall mark on the record the notations that Insertion start an election officer who is assigned to a polling station is Insertion end required by this Act to make opposite an elector’s name at the polling station on polling day.

Opening of advance polling station

175(1)At the opening of an advance polling station at Insertion start 9:00 a.‍m. Insertion end , Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the advance polling Insertion start station Insertion end shall, in full view of the candidates or their representatives who are present,

  • (a) Insertion start on the 1st Insertion end day Insertion start of advance polling Insertion end ,

    • Insertion start (i) Insertion end open the ballot box and ascertain that it is empty,

    • Insertion start (ii) Insertion end seal the ballot box with the seals provided by the Chief Electoral Officer, and

    • Insertion start (iii) Insertion end 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; and

  • Start of inserted block

    (b)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.

    End of inserted block

Close of advance polling station

(2)At the close of an advance polling station at Insertion start 9:00 Insertion end p.‍m. on each of the Insertion start four Insertion end days of advance polling, Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the Insertion start advance polling station Insertion end shall, in full view of the candidates or their representatives who are present, Insertion start 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 Insertion end .

Other ballot boxes

(3) Insertion start If an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at Insertion end the advance polling Insertion start station, then Insertion end an Insertion start election Insertion end officer Insertion start who is assigned to Insertion end the advance polling station shall, in full view of the candidates or their representatives who are present Insertion start and in accordance with those instructions Insertion end ,

  • Start of inserted block

    (a)take the steps set out in subparagraphs (1)‍(a)‍(i) to (iii) with regard to that other ballot box; and

  • (b)take 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.

    End of inserted block

Candidates may check seals

Insertion start (4) Insertion end The candidates or their representatives may take note of the serial numbers of the seals on Insertion start the following Insertion end ballot boxes Insertion start at the times indicated Insertion end :

  • Insertion start (a) Insertion end Insertion start Insertion end Insertion start for any ballot box that was used on a day of advance polling, note may be taken Insertion end when an advance polling station closes on each of the four days of advance polling;

  • Start of inserted block

    (b)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; and

    End of inserted block
  • Insertion start (c) Insertion end Insertion start Insertion end Insertion start for Insertion end each of the ballot boxes Insertion start that were Insertion end used for advance polling, Insertion start note may be taken Insertion end when the votes are counted on polling day.

Custody of ballot boxes

Insertion start (5) Insertion end Until the counting of the ballots on polling day, Insertion start an election Insertion end officer shall keep the sealed ballot Insertion start box or Insertion end boxes in his or her custody in Insertion start accordance with Insertion end the Insertion start Chief Electoral Officer’s instructions Insertion end .

Recovery of ballot box

Insertion start (6) Insertion end Despite subsection Insertion start (5) Insertion end , the returning officer may recover any ballot box that Insertion start another election officer Insertion end is Insertion start required under that subsection to have Insertion end in Insertion start his or her Insertion end custody if the returning officer Insertion start considers Insertion end that such action is necessary to ensure the integrity of the vote. Insertion start The returning officer shall inform Insertion end the Chief Electoral Officer Insertion start of the matter as soon as possible Insertion end .

Recovery of ballot box — dwelling place or vehicle

Start of inserted block

(7)If a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).

End of inserted block

Authority to issue warrant

Start of inserted block

(8)On ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath that

  • (a)a ballot box is in the dwelling place or vehicle;

  • (b)entry to the dwelling place or vehicle is necessary to recover the ballot-box; and

  • (c)entry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.

    End of inserted block

Telewarrant

Start of inserted block

(9)If a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.‍1 of the Criminal Code applies for that purpose with any necessary modifications.

End of inserted block

123Subsection 176(3) of the Act is replaced by the following:

When lists already distributed

(3)If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the Insertion start polling station Insertion end to cross their names off the list, and the Insertion start election Insertion end officer shall do so without delay.

124(1)The portion of section 177 of the Act before the definition administrative centre is replaced by the following:

Definitions

177The definitions in this section apply in this Part, Insertion start and Parts 11.‍1 and 19 Insertion end .

(2)The definitions administrative centre, Canadian Forces elector, deputy returning officer, statement of ordinary residence and voting territory in section 177 of the Act are repealed.

(3)The definitions application for registration and special ballot, inner envelope, liaison officer and outer envelope in section 177 of the Act are replaced by the following:

application for registration and special ballot means an application completed by an elector in order to vote under this Part.‍ (demande d’inscription et de bulletin de vote spécial)

inner envelope means an envelope, Insertion start including one Insertion end that is supplied by the Chief Electoral Officer, in which a ballot Insertion start or special ballot Insertion end is to be enclosed after it has been marked.‍ (enveloppe intérieure)

liaison officer means Insertion start an Insertion end elector designated Insertion start as a liaison officer Insertion end under Insertion start subsection 199.‍2(1) Insertion end or a person appointed Insertion start as a liaison officer Insertion end under subsection 248(1).‍ (agent de liaison)

outer envelope means an envelope, Insertion start including one Insertion end that is supplied by the Chief Electoral Officer, Insertion start in which Insertion end a ballot Insertion start or special ballot Insertion end is Insertion start to be transmitted Insertion end after it has been marked and enclosed in an inner envelope.‍ (enveloppe extérieure)

(4)The definition special ballot in section 177 of the English version of the Act is replaced by the following:

special ballot means a ballot, other than a ballot referred to in section 241, that is Insertion start provided Insertion end to an elector who is entitled to vote under this Part.‍ (bulletin de vote spécial)

(5)Section 177 of the Act is amended by adding the following in alphabetical order:

Start of inserted block

unit election officer means an elector designated as a unit election officer under paragraph 205(1)‍(b).‍ (fonctionnaire électoral d’unité)

End of inserted block

125Section 180 of the Act is repealed.

126(1)Paragraph 182(b) of the Act is replaced by the following:

  • (b)retain the Insertion start solemn declaration Insertion end of each special ballot officer Insertion start that is made under subsection 23(1) Insertion end ;

(2)Paragraph 182(d) of the Act is replaced by the following:

  • (d)obtain from the liaison officers the lists of the names of Insertion start unit election Insertion end officers that the commanding officers are required to provide;

127The Act is amended by adding the following after section 186:

Distribution of election materials

Start of inserted block

186.‍1Without delay after the writs are issued, the special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.

End of inserted block

128Sections 188 and 189 of the Act are replaced by the following:

Delivery of list of candidates

188Without delay after a list of candidates is established, the Insertion start special voting rules administrator Insertion end shall Insertion start provide Insertion end the Insertion start list Insertion end to Insertion start the coordinating officer, to every Insertion end liaison Insertion start officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person Insertion end .

129The heading “Definitions” before section 190 of the Act is replaced by the following:

Start of inserted block

Interpretation

End of inserted block

130(1)The definition elector in section 190 of the Act is replaced by the following:

elector means a person Insertion start referred to in Insertion end section 191.‍ (électeur)

(2)Section 190 of the Act is amended by adding the following in alphabetical order:

Start of inserted block

alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence.‍ (adresse de substitution)

service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces.‍ (numéro matricule)

End of inserted block

131The Act is amended by adding the following after section 190:

Election officers

Start of inserted block

190.‍1For the purpose of section 9, subsections 23(1) and (2) and section 23.‍1, the coordinating officer, liaison officers designated under subsection 199.‍2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)‍(f) also apply to them if they are relieved of duty.

End of inserted block

132The heading before section 191 of the Act is replaced by the following:

Voting Entitlement

133(1)The portion of section 191 of the Act before paragraph (a) is replaced by the following:

Qualification and right to vote

191Any of the following persons is Insertion start entitled to vote under this Division Insertion end if he or she is qualified as an elector under section 3:

(2)Paragraph 191(b) of the Act is replaced by the following:

  • (b)a member of the reserve force of the Canadian Forces; Insertion start and Insertion end

(3)Section 191 of the Act is amended by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

2000, c. 12, par. 40(2)‍(f)

134Sections 192 to 198 of the Act are replaced by the following:

Start of inserted block

Registration

End of inserted block
Right to register
Start of inserted block

192(1)When a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.

End of inserted block
Right to register — future elector
Start of inserted block

(2)When a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.

End of inserted block
Service number
Start of inserted block

(3)An elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.

End of inserted block

135Subsection 199(2) of the Act is replaced by the following:

Duty

(2)The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector Insertion start or future elector Insertion end :

  • (a) Insertion start his or her Insertion end surname, given names, Insertion start gender Insertion end , rank and Insertion start service number Insertion end ;

  • (b) Insertion start his or her Insertion end date of birth;

  • (c)the civic address Insertion start and mailing address Insertion end of Insertion start his or her Insertion end place of ordinary residence; and

  • (d) Insertion start his or her Insertion end current mailing address.

Updating Register of Electors

Start of inserted block

(3)The Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.

End of inserted block

Retention of certain information

Start of inserted block

(4)The Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

End of inserted block

Information provided to coordinating officer

Start of inserted block

(5)The Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)‍(a) to (d) relating to each elector or future elector who has provided a service number under this Part.

End of inserted block

136The Act is amended by adding the following after section 199:

Cooperation
Start of inserted block

199.‍1The coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, of

  • (a)a person employed by or in support of the Canadian Forces outside Canada;

  • (b)a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; or

  • (c)a person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).

    End of inserted block
Start of inserted block

Liaison Officers

End of inserted block
Designation
Start of inserted block

199.‍2(1)The Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.

End of inserted block
Duty of coordinating officer
Start of inserted block

(2)The coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.

End of inserted block

137Sections 200 to 203 of the Act are replaced by the following:

Duty of Chief Electoral Officer

200Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue.

Duty of coordinating officer

202On being informed of the issue of the writs, the coordinating officer shall inform each Insertion start liaison officer and Insertion end commanding officer of their issue.

Duty of liaison officers — information

203On being Insertion start informed of the issue of the writs Insertion end , a liaison officer shall Insertion start give Insertion end each commanding officer in respect of whose unit the liaison officer has liaison duties Insertion start all necessary information for carrying out the purposes and provisions of this Division. Insertion end

138(1)Paragraph 204(2)‍(b) of the Act is replaced by the following:

  • (b)the commanding officer will designate one or more Insertion start unit election Insertion end officers to collect their votes and fix the voting times during the voting period.

(2)Subsection 204(3) of the Act is replaced by the following:

Contents of list

(3)The list shall be arranged alphabetically and shall indicate each elector’s surname, given names Insertion start and service number Insertion end , the Insertion start address Insertion end of Insertion start his or her place Insertion end of ordinary residence and Insertion start his or her Insertion end electoral district.

139The Act is amended by adding the following after section 204:

Alternative address — commanding officer

Start of inserted block

204.‍1(1)For the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).

End of inserted block

Alternative address — elector

Start of inserted block

(2)For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.

End of inserted block

Special voting rules administrator informed

Start of inserted block

(3)The commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.

End of inserted block

Clarification

Start of inserted block

(4)For greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.

End of inserted block

140(1)The portion of subsection 205(1) of the Act before paragraph (a) is replaced by the following:

Duties of commanding officer

205(1)After being informed of the issue of the writs, Insertion start but no later than the 28th day before polling day Insertion end , each commanding officer shall

(2)Paragraphs 205(1)‍(b) to (d) of the Act are replaced by the following:

  • (b)designate Insertion start a sufficient number of electors as unit election officers to allow for voting to take place at Insertion end each polling station;

  • (c)through a liaison officer, provide the Insertion start special voting rules administrator Insertion end with a list of the Insertion start unit election Insertion end officers and their ranks, and the list of electors for the unit; and

  • (d)provide the Insertion start unit election Insertion end officers with the list of electors for the unit.

141Section 207 of the Act is replaced by the following:

Joint polling stations

207The commanding officers of units may establish Insertion start a joint Insertion end polling station for electors in their units, if the commanding officers consider that it would be Insertion start useful to do so Insertion end for Insertion start carrying out Insertion end the purposes Insertion start and provisions Insertion end of this Division.

142Paragraphs 209(a) and (b) of the Act are replaced by the following:

  • (a)distribute the materials to the Insertion start unit election Insertion end officers; and

  • (b) Insertion start display Insertion end the list in Insertion start one or more Insertion end conspicuous places Insertion start or make it otherwise accessible to electors in their unit Insertion end .

143Sections 210 to 212 of the Act are replaced by the following:

Duties of unit election officer

210During the voting period, a Insertion start unit election Insertion end officer shall

  • (a) Insertion start display Insertion end the voting instructions provided by the Chief Electoral Officer Insertion start in relation Insertion end to the vote under this Division in conspicuous places at each polling station Insertion start or make them otherwise accessible to electors Insertion end ; and

  • (b)keep available for consultation by the electors Insertion start the text of Insertion end this Part, Insertion start the election materials necessary for determining in which electoral district an elector is entitled to vote Insertion end and Insertion start the Insertion end list of candidates.

Representative of registered party

211A Canadian citizen may represent a registered party at a polling station if he or she provides the Insertion start unit election Insertion end officer with Insertion start a copy of Insertion end an authorization in the prescribed form signed by a candidate for the party.

Elector to give name, etc.

Start of inserted block

211.‍1(1)Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.

End of inserted block

Alternative address

Start of inserted block

(2)For the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.‍1 in respect of the elector, the elector may provide that alternative address.

End of inserted block

Proof of identity

Start of inserted block

(3)If the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:

  • (a)one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

  • (b)two pieces of identification of a type authorized under section 211.‍3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

    End of inserted block

Examination of identification documents

Start of inserted block

(4)A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

End of inserted block

Name crossed off the list

Start of inserted block

(5)If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.

End of inserted block

Application for registration and special ballot

Start of inserted block

211.‍2(1)An elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:

  • (a)one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

  • (b)two pieces of identification of a type authorized under section 211.‍3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

    End of inserted block

Content of application

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(2)An application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:

  • (a)his or her surname and given names;

  • (b)his or her date of birth;

  • (c)his or her service number;

  • (d)the civic address and mailing address of his or her place of ordinary residence;

  • (e)his or her current mailing address; and

  • (f)any other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.

    End of inserted block

Alternative addresses

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(3)For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.

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Optional information

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(4)In addition to the information specified in subsection (2), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.

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Examination of identification documents

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(5)A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

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Acceptance of the application

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(6)If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.

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Application of subsections 204.‍1(3) and (4)

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(7)If an alternative address is used in accordance with subsection (3), subsections 204.‍1(3) and (4) apply with any necessary modifications.

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Authorized types of identification

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211.‍3The Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.‍1(3)‍(b) and 211.‍2(1)‍(b). For greater certainty, any document may be authorized, regardless of who issued it.

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Declaration of elector

212The unit Insertion start election Insertion end officer shall require the elector Insertion start whose name Insertion end has been Insertion start crossed off the list of electors or whose application for registration and Insertion end special ballot Insertion start has been accepted Insertion end to sign the declaration Insertion start prescribed by the Chief Electoral Officer Insertion end .

144(1)Subsection 213(1) of the Act is replaced by the following:

Provision of special ballot, etc.

213(1)A Insertion start unit election Insertion end officer shall, Insertion start once Insertion end the Insertion start elector has signed the declaration Insertion end referred to in section 212, give the elector a special ballot, an inner envelope, Insertion start the declaration Insertion end  —  Insertion start if it is not on the outer envelope Insertion end  — and the outer envelope.

Limitation

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(1.‍1)An elector who has received a special ballot under subsection (1) may vote only under this Division.

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(2)The portion of subsection 213(2) of the Act before paragraph (a) is replaced by the following:

Voting on special ballot

(2)The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding Insertion start it Insertion end and, in the presence of the Insertion start unit election Insertion end officer,

(3)Paragraph 213(2)‍(b) of the Act is replaced by the following:

  • (b)placing the inner envelope Insertion start and the declaration — if it is not on the outer envelope Insertion end  — in the outer envelope and sealing the outer envelope.

(4)Subsection 213(4) of the Act is replaced by the following:

Spoiled special ballot

(4)If Insertion start the Insertion end special ballot Insertion start is incapable of being Insertion end used, the elector shall return it to the Insertion start unit election Insertion end officer, who shall mark it as Insertion start a Insertion end spoiled Insertion start ballot Insertion end and give the elector Insertion start another Insertion end special ballot.

145(1)Subsection 214(1) of the Act is replaced by the following:

Information to be provided to elector

214(1)The Insertion start unit election Insertion end officer shall inform an elector that, in order Insertion start for the special ballot Insertion end to be counted, the outer envelope must be received by the special voting rules administrator in Insertion start the National Capital Region no Insertion end later than 6:00 p.‍m. on polling day. The Insertion start unit election Insertion end officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.

(2)Subsection 214(3) of the Act is repealed.

146Section 215 of the Act is replaced by the following:

Voting by unit election officer

215A Insertion start unit election Insertion end officer who is qualified to vote may vote in accordance with this Division.

147(1)The portion of subsection 216(1) of the Act before paragraph (b) is replaced by the following:

Assistance by unit election officer

216(1)If an elector is Insertion start unable to read or Insertion end because of a disability Insertion start is Insertion end unable to vote in the manner described in this Division, the Insertion start unit election Insertion end officer shall assist him or her by

  • (a)completing the declaration Insertion start referred to in section 212 Insertion end and writing the elector’s name where Insertion start the elector’s Insertion end signature is to be written; and

(2)Paragraph 216(1)‍(b) of the English version of the Act is replaced by the following:

  • (b)marking the special ballot as directed by the elector in Insertion start the elector’s Insertion end presence and in the presence of another elector selected by the elector as a witness.

(3)The portion of subsection 216(2) of the Act before paragraph (b) is replaced by the following:

Note and keeping vote secret

(2)The Insertion start unit election Insertion end officer and an elector acting as a witness shall

  • (a)sign a note on the Insertion start declaration Insertion end indicating that the elector was assisted; and

148Subsections 217(2) and (3) of the Act are replaced by the following:

Unit election officer for hospitalized electors

(2)If no Insertion start unit election Insertion end officer has been designated for a service hospital or convalescent institution, the Insertion start unit election Insertion end officer for the unit to which the hospital or institution belongs is the Insertion start unit election Insertion end officer for electors who are patients in the hospital or institution.

Bed-ridden electors

(3)A Insertion start unit election Insertion end officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer Insertion start in charge of Insertion end the Insertion start hospital or institution Insertion end approves, go from room to room to administer and collect the votes of electors who are confined to bed.

149Sections 218 and 219 of the Act are replaced by the following:

Duty, leave or furlough

218An elector who provides satisfactory evidence of Insertion start his or her Insertion end absence from his or her unit during the voting times fixed for the polling stations in Insertion start that Insertion end unit because of duty, leave or furlough may apply to a Insertion start unit election Insertion end officer of another unit, Insertion start in accordance with section 211.‍2 Insertion end , to vote at that officer’s polling station.

Delivery of documents to the commanding officer

219(1)The Insertion start unit election Insertion end officer shall deliver to the unit’s commanding officer,

  • Start of inserted block

    (a)at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and

    End of inserted block
  • (b)at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and Insertion start any other election documents and election materials in the unit election officer’s possession. Insertion end

Delivery of outer envelopes, etc.

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(1.‍1)On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)‍(a), the commanding officer shall deliver them to the special voting rules administrator.

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Provision of information

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(1.‍2)On receipt of the service numbers referred to in paragraph (1)‍(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.

End of inserted block

Delivery of election documents and election materials

(2)On receipt of the Insertion start election Insertion end documents Insertion start and election materials Insertion end referred to in Insertion start paragraph Insertion end (1) Insertion start (b) Insertion end , the commanding officer shall deliver Insertion start them to Insertion end the Insertion start special voting rules administrator with Insertion end all other Insertion start election documents and Insertion end election materials Insertion start in the commanding officer’s possession Insertion end .

Informing the returning officer

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219.‍1(1)On being informed under subsection 219(1.‍2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.

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Name on list of electors

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(2)When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall

  • (a)if the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; and

  • (b)indicate on the list of electors that the elector has received a special ballot.

    End of inserted block

150The heading of Division 3 of Part 11 of the Act is replaced by the following:

Electors Resident Outside Canada

151The definitions elector and register in section 220 of the Act are replaced by the following:

elector means an elector who resides outside Canada.‍ (électeur)

register means the register referred to in Insertion start section Insertion end 222.‍ (registre)

2003, c. 22, s. 103

152Sections 221 and 222 of the Act are replaced by the following:

Inclusion in register of electors resident outside Canada

221An elector may vote under this Division if

  • Insertion start (a) Insertion end his or her application for registration and special ballot is received Insertion start by the special voting rules administrator Insertion end in Insertion start the National Capital Region no later than Insertion end 6:00 p.‍m. on the 6th day before polling day; and

  • Insertion start (b) Insertion end his or her name is entered on the register.

Register of electors

222The Chief Electoral Officer shall maintain a register of electors in which is entered the Insertion start surname, given names, gender Insertion end , date of birth, civic Insertion start address Insertion end , mailing Insertion start address Insertion end and electoral district of each elector who has filed an application for registration and special ballot Insertion start in order to vote under this Division Insertion end and who, at any time before making the application, resided in Canada.

153(1)Paragraph 223(1)‍(b) of the Act is repealed.

2000, c. 12, par. 40(2)‍(g)

(2)Paragraphs 223(1)‍(d) to (f) of the Act are replaced by the following:

  • (e)the address of the elector’s place of ordinary residence;

154Section 226 of the Act is amended by adding “or” at the end of paragraph (d), by striking out “or” at the end of paragraph (e) and by repealing paragraph (f).

155(1)Subsection 227(1) of the Act is replaced by the following:

Special ballot

227(1)After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall Insertion start provide Insertion end a special ballot to every elector whose name is entered in the register.

(2)Paragraph 227(2)‍(b) of the English version of the Act is replaced by the following:

  • (b)placing the ballot in Insertion start an Insertion end inner envelope and sealing it;

(3)Paragraphs 227(2)‍(c) and (d) of the Act are replaced by the following:

  • (c)signing the declaration Insertion start prescribed by the Chief Electoral Officer Insertion end ; and

  • (d)placing the inner envelope Insertion start and the declaration — if it is not Insertion end on the outer envelope — in the outer envelope and sealing it.

156Section 229 of the Act is replaced by the following:

Deadline for return of vote

229The special ballot must Insertion start be received by Insertion end the Insertion start special voting rules administrator Insertion end in Insertion start the National Capital Region no Insertion end later than 6:00 p.‍m. on polling day in order to be counted.

157Sections 231 and 232 of the Act are replaced by the following:

Definition of elector

231For the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

Conditions for voting by special ballot

232 Insertion start (1) Insertion end 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 Insertion start but Insertion end before 6:00 p.‍m. on the 6th day before polling day.

Conditions for voting by special ballot — specified later day

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(2)If, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.‍m. on the specified day.

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Restriction

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(3)The Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.‍m. on the 6th day before polling day.

End of inserted block

158(1)Paragraph 233(1)‍(a) of the English version of the Act is replaced by the following:

  • (a)the elector’s name and Insertion start the address of his or her Insertion end place of ordinary residence;

(2)Subsection 233(1.‍1) of the Act is replaced by the following:

Electors in danger

(1.‍1)An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the Insertion start address Insertion end of his or her place Insertion start of ordinary residence or his or her Insertion end mailing address for the purpose of paragraph (1) Insertion start (a) or Insertion end (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal Insertion start the addresses in respect of which the application is made Insertion end except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

2014, c. 12, s. 59

(3)Subsection 233(3) of the Act is repealed.

159Section 234 of the Act is repealed.

2014, c. 12, s. 60

160Sections 236 and 237 of the Act are replaced by the following:

List of electors

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236Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,

  • (a)that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and

  • (b)that there is an indication on the list of electors that the elector has received a special ballot.

    End of inserted block

Provision of ballot

237 Insertion start (1) Insertion end Subject to Insertion start subsection (2) and Insertion end section 237.‍1, on acceptance of an elector’s application for registration and special ballot, the elector Insertion start shall be provided with Insertion end a special ballot.

Provision of ballot and envelopes

Insertion start (2) Insertion end If section 241 applies, Insertion start then, on acceptance of an elector’s application for registration and special ballot Insertion end , the elector shall be given a ballot, an inner envelope and an outer envelope.

2014, c. 12, s. 60

161(1)Subsections 237.‍1(3.‍1) and (3.‍2) of the Act are repealed.

2014, c. 12, s. 60

(2)Paragraph 237.‍1(4)‍(b) of the Act is replaced by the following:

  • (b)sections 143 Insertion start to Insertion end 144;

(3)Subsection 237.‍1(4) of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • Start of inserted block

    (d.‍1)subsections 281.‍6(1) to (4);

  • (d.‍2)section 282.‍2; and

    End of inserted block

162Sections 238 and 239 of the Act are replaced by the following:

Voting by special ballot

238An elector who has Insertion start been provided with Insertion end a special ballot may vote Insertion start only by following the procedure set out Insertion end in subsections 227(2) and (3).

Receipt of special ballot — application made outside electoral district

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239(1)In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on polling day. The special ballot shall be transmitted by

End of inserted block
  • (a) Insertion start sending Insertion end the sealed outer envelope to the special voting rules administrator by mail or any other means; or

  • (b)delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer Insertion start designates Insertion end .

Receipt of special ballot — application made in electoral district

(2)In order to have their special ballot counted, an elector Insertion start whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district Insertion end shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.

Vote counted

Start of inserted block

(3)Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on polling day shall be counted.

End of inserted block

163(1)Subsection 242(1) of the Act is replaced by the following:

Spoiled ballot

242(1)If Insertion start the Insertion end ballot or special ballot Insertion start is incapable of being Insertion end used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot Insertion start or special ballot Insertion end .

(2)Subsection 242(2) of the English version of the Act is replaced by the following:

Limit

(2)An elector shall not be given more than one ballot Insertion start or special ballot, as the case may be Insertion end , under subsection (1).

164(1)The portion of subsection 243(1) of the Act before paragraph (b) is replaced by the following:

Assistance

243(1)When an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by

  • (a)completing the declaration Insertion start referred to in paragraph 227(2)‍(c) Insertion end and writing the elector’s name where Insertion start the elector’s Insertion end signature is to be written; and

(2)Paragraph 243(1)‍(b) of the English version of the Act is replaced by the following:

  • (b)marking the ballot as directed by the elector in Insertion start the elector’s Insertion end presence.

(3)Subsection 243(2) of the Act is replaced by the following:

Note on declaration

(2)An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the Insertion start declaration Insertion end , that the elector was assisted.

165The Act is amended by adding the following after section 243:

Assistance by friend or related person

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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)a friend of the elector;

  • (b)the elector’s spouse or common-law partner; or

  • (c)a relative of the elector or of the elector’s spouse or common-law partner.

    End of inserted block

Solemn declaration

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(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

  • (a)will mark the ballot paper in the manner directed by the elector;

  • (b)will not disclose the name of the candidate for whom the elector voted;

  • (c)will not try to influence the elector in choosing a candidate; and

  • (d)has not, during the current election, assisted another person, as a friend, to mark a ballot.

    End of inserted block

166(1)The portion of subsection 243.‍1(1) of the Act before paragraph (b) is replaced by the following:

Voting at home

243.‍1(1)On application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, Insertion start an Insertion end election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

  • (a)completing the declaration Insertion start referred to in paragraph 227(2)‍(c) Insertion end and writing the elector’s name where the elector’s signature is to be written; and

(2)Subsection 243.‍1(2) of the Act is replaced by the following:

Note on declaration

(2)The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the Insertion start declaration Insertion end , that the elector was assisted.

167The Act is amended by adding the following after section 244:

Non-application

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244.‍1This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.

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168Subsection 245(1) of the Act is replaced by the following:

Entitlement to vote

245(1)Every Insertion start elector Insertion end is entitled to vote under this Division on the Insertion start 12th Insertion end day before polling day.

169Section 246 of the Act is replaced by the following:

Designation of coordinating officers

246The Insertion start federal and provincial Insertion end ministers responsible for Insertion start correctional institutions Insertion end shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

170(1)Subsection 247(1) of the Act is replaced by the following:

Notification of issue of the writs

247(1)Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Insertion start federal and provincial ministers Insertion end responsible for Insertion start correctional institutions Insertion end of their issue.

(2)The portion of subsection 247(2) of the Act before paragraph (b) is replaced by the following:

Obligations of ministers

(2)On being informed of the issue of the writs, each minister Insertion start referred to in subsection (1) Insertion end shall

  • (a)inform Insertion start their respective designated Insertion end coordinating officer of Insertion start their Insertion end issue;

(3)Paragraph 247(2)‍(c) of the Act is replaced by the following:

  • (c)inform the Chief Electoral Officer and Insertion start their respective designated Insertion end coordinating officer of the name and address of each liaison officer.

171Subsection 248(2) of the Act is replaced by the following:

Duty to cooperate

(2)During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors, Insertion start including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot. Insertion end

172Subsection 250(2) of the Act is replaced by the following:

Voting hours

(2)The polling stations shall be open on the Insertion start 12th Insertion end day before polling day from 9:00 a.‍m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.‍m. on that day.

173Subsection 251(1) of the Act is replaced by the following:

Application for registration and special ballot

251(1)Before the Insertion start 12th Insertion end day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

174(1)Subsection 253(1) of the Act is replaced by the following:

Polling stations and election officers

253(1)Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and Insertion start assign at least two election officers to Insertion end each polling station.

(2)Paragraph 253(2)‍(a) of the Act is replaced by the following:

  • (a)provide, Insertion start as necessary Insertion end , the materials to the Insertion start election Insertion end officers Insertion start who are assigned Insertion end under subsection (1) Insertion start to a polling station Insertion end for the correctional institution; and

175The portion of section 254 of the Act before paragraph (a) is replaced by the following:

Duties of election officer

254On the day on which the electors cast their ballots, at each polling station Insertion start an election Insertion end officer Insertion start who is assigned to the polling station Insertion end shall

176Section 256 of the Act is replaced by the following:

Representative of registered party

256With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides Insertion start an election Insertion end officer Insertion start who is assigned to a polling station at Insertion end the Insertion start correctional institution Insertion end with an authorization in the prescribed form signed by a candidate for that party, Insertion start or a copy of one Insertion end .

177(1)Subsection 257(1) of the Act is replaced by the following:

Declaration of elector

257(1)Before delivering a special ballot to an elector, Insertion start an election Insertion end officer Insertion start who is assigned to a polling station at Insertion end a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to sign the declaration on the outer envelope.

(2)The portion of subsection 257(2) of the Act before paragraph (a) is replaced by the following:

Giving special ballot to elector

(2)After the elector has signed the declaration on the outer envelope, the Insertion start election Insertion end officer shall

178(1)The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:

Voting by special ballot

258(1)The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding Insertion start it Insertion end and, in the presence of the Insertion start election Insertion end officer,

(2)Subsection 258(3) of the Act is replaced by the following:

Spoiled special ballot

(3)If Insertion start the Insertion end special ballot Insertion start is incapable of being Insertion end used, the elector shall return it to the Insertion start election Insertion end officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

179(1)The portion of subsection 259(1) of the Act before paragraph (a) is replaced by the following:

Assistance

259(1)If an elector is unable to read or because of a disability is unable to vote Insertion start in the manner described in Insertion end this Division, Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the Insertion start polling station Insertion end shall assist the elector by

(2)Paragraph 259(1)‍(b) of the Act is replaced by the following:

  • (b)marking the special ballot as directed by the elector in his or her presence and in the presence of Insertion start another election officer who is assigned to the polling station Insertion end .

(3)Subsection 259(2) of the Act is replaced by the following:

Note on outer envelope

(2)The Insertion start election officers Insertion end shall sign a note on the outer envelope indicating that the elector was assisted.

180The portion of section 260 of the Act before paragraph (a) is replaced by the following:

Delivery of documents after the vote

260Without delay after the votes have been cast at a correctional institution, Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the Insertion start polling station Insertion end shall deliver to the liaison officer for the institution

181Section 261 of the Act is replaced by the following:

Deadline for return of election material

261Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in Insertion start the National Capital Region Insertion end no later than 6:00 p.‍m. on polling day.

182(1)The portion of subsection 267(1) of the Act before paragraph (c) is replaced by the following:

Setting aside of inner envelope

267(1)The special ballot officers shall set aside an Insertion start inner Insertion end envelope unopened Insertion start if Insertion end

  • (a)the information concerning the elector, as Insertion start set out in Insertion end the Insertion start declaration referred to in paragraph 227(2)‍(c) or subsection 257(1) Insertion end , does not correspond with the information on the application for registration and special ballot;

  • (b)a Insertion start declaration referred to in paragraph (a) or in section 212 Insertion end  — other than Insertion start one Insertion end in respect of an elector who has Insertion start voted with assistance Insertion end under section 216, 243 or 259 — does not bear the Insertion start elector’s Insertion end signature;

(2)Paragraph 267(1)‍(c) of the English version of the Act is replaced by the following:

  • (c)the correct electoral district of the elector whose ballot is contained in the Insertion start inner Insertion end envelope cannot be ascertained;

(3)Paragraph 267(1)‍(d) of the Act is replaced by the following:

  • (d)the outer envelope has been received by the special voting rules administrator in Insertion start the National Capital Region Insertion end after 6:00 p.‍m. on polling day; or

(4)Subsection 267(2) of the Act is replaced by the following:

Procedure when elector votes more than once

(2)If, after receiving Insertion start an elector’s Insertion end outer Insertion start envelope Insertion end but before counting the Insertion start inner Insertion end envelopes, the special ballot officers ascertain that Insertion start the Insertion end elector has voted more than once, they shall Insertion start set Insertion end the Insertion start elector’s inner envelope Insertion end aside unopened.

(5)The portion of subsection 267(3) of the Act before paragraph (b) is replaced by the following:

Disposition of inner envelopes that are set aside

(3)When an Insertion start inner Insertion end envelope is Insertion start set Insertion end aside unopened as described in subsection (1) or (2),

  • (a) Insertion start it Insertion end shall be endorsed by the special voting rules administrator with the reason why it has been Insertion start set Insertion end aside;

(6)Paragraph 267(3)‍(c) of the Act is replaced by the following:

  • (c)in the case of an Insertion start inner Insertion end envelope Insertion start set Insertion end aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

(7)Subsection 267(4) of the Act is replaced by the following:

Envelopes and declarations kept together

Start of inserted block

(3.‍1)When an inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

End of inserted block

Dispute

Start of inserted block

(3.‍2)If a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.

End of inserted block

Special report

(4)The special voting rules administrator shall prepare a report in respect of the number of Insertion start inner Insertion end envelopes that are Insertion start set Insertion end aside under this Division.

183Paragraphs 272(b) and (c) of the Act are replaced by the following:

  • (b)all other documents and election materials received from commanding officers and Insertion start election Insertion end officers;

  • (c)the Insertion start solemn declarations made under subsection 23(1) Insertion end ; and

184Sections 273 and 274 of the Act are replaced by the following:

Notification to candidates

273The returning officer shall, as soon as possible, notify the candidates of the Insertion start names Insertion end of the Insertion start election officers who he or she assigns to Insertion end verify the Insertion start declarations referred to in paragraph 227(2)‍(c) Insertion end and to count the special ballots issued to electors in his or her electoral district and received Insertion start at Insertion end his or her office.

Candidate present at counting

274A candidate or his or her representative may be present for the verification of the Insertion start declarations referred to in paragraph 227(2)‍(c) Insertion end and the counting of ballots received at the returning Insertion start officer’s Insertion end office.

185Subsection 275(1) of the Act is replaced by the following:

Ballots to be kept sealed

275(1)The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to Insertion start an election Insertion end officer Insertion start referred to in section 273 Insertion end .

186(1)Subsection 276(1) of the Act is replaced by the following:

Verification of declarations

276(1) Insertion start The election officers referred to in section 273 Insertion end shall verify the Insertion start declarations made under paragraph 227(2)‍(c) Insertion end , at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information Insertion start in Insertion end the Insertion start declaration Insertion end whether the elector is entitled to vote in the electoral district.

(2)Subsection 276(3) of the Act is replaced by the following:

Provision of materials to election officer

(3) Insertion start One of the election officers Insertion end shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

187(1)The portion of subsection 277(1) of the Act before paragraph (d) is replaced by the following:

Setting aside of inner envelope

277(1) Insertion start An election Insertion end officer Insertion start referred to in section 273 Insertion end shall set aside an Insertion start elector’s inner Insertion end envelope unopened Insertion start if Insertion end

  • (a)the information concerning the elector, as Insertion start set out in Insertion end the Insertion start elector’s declaration made under paragraph 227(2)‍(c) Insertion end , does not correspond with the information on the application for registration and special ballot;

  • (b)the Insertion start declaration Insertion end  — other than Insertion start one Insertion end in respect of an elector who has Insertion start voted with assistance Insertion end under section 243 or 243.‍1 — does not bear the Insertion start elector’s Insertion end signature;

  • (c) Insertion start the Insertion end elector has Insertion start voted Insertion end more than Insertion start once Insertion end ; or

(2)Paragraph 277(1)‍(d) of the French version of the Act is replaced by the following:

  • d) Insertion start l’enveloppe extérieure Insertion end est reçue après le délai fixé.

(3)Subsections 277(2) and (3) of the Act are replaced by the following:

Registering objections

(2)When the Insertion start declarations Insertion end are verified, Insertion start an election officer referred to in section 273 Insertion end shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

Noting of reasons for setting aside

(3)When an Insertion start elector’s inner Insertion end envelope is set aside unopened as described in subsection (1), the Insertion start election Insertion end officer Insertion start who set it aside Insertion end shall note on it the reasons for the Insertion start setting aside Insertion end . The Insertion start election officer and another election officer referred to in section 273 Insertion end shall Insertion start both Insertion end initial the envelope.

Envelopes and declarations kept together

Start of inserted block

(4)When an elector’s inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

End of inserted block

188Section 278 of the Act is replaced by the following:

Counting of inner envelopes

278(1)The Insertion start election officers referred to in section 273 Insertion end shall count all Insertion start inner Insertion end envelopes Insertion start that have not been set aside Insertion end .

Inner envelopes

(2) Insertion start They Insertion end shall put all the inner envelopes Insertion start that have not been set aside Insertion end in a ballot box provided by the returning officer.

Counting the votes

(3)After the close of the polling stations, Insertion start one of the election officers Insertion end shall open the ballot box and, together with Insertion start another of the election officers Insertion end , shall open the inner envelopes and count the votes.

189(1)The portion of subsection 279(1) of the Act before paragraph (a) is replaced by the following:

Rejection of ballots

279(1) Insertion start An election Insertion end officer shall, in counting the ballots, reject a ballot if

2001, c. 21, s. 15

(2)Subsections 279(2) and (3) of the Act are replaced by the following:

Elector’s intent

(2) Insertion start An election Insertion end officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

Political affiliation

(3) Insertion start An election Insertion end officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.

190The headings before section 281 and sections 281 and 282 of the Act are replaced by the following:

Start of inserted block

PART 11.‍1
Prohibitions in Relation to Voting

End of inserted block
Application
Start of inserted block

281The provisions of this Part apply inside and outside Canada.

End of inserted block
Chief Electoral Officer
Start of inserted block

281.‍1The Chief Electoral Officer shall not vote at an election.

End of inserted block
Inducing Chief Electoral Officer to vote
Start of inserted block

281.‍2No person shall induce or attempt to induce the Chief Electoral Officer to vote at an election knowing that it is the Chief Electoral Officer whom he or she is inducing or attempting to induce to vote and that the Chief Electoral Officer is prohibited from voting.

End of inserted block
Not qualified as elector
Start of inserted block

281.‍3No person shall

  • (a)vote or attempt to vote at an election knowing that he or she

    • (i)is not a Canadian citizen — or will not be a Canadian citizen — on polling day, or

    • (ii)is not 18 years of age or older — or will not be 18 years of age or older — on polling day; or

  • (b)induce or attempt to induce another person to vote at an election knowing that the other person

    • (i)is not a Canadian citizen — or will not be a Canadian citizen — on polling day, or

    • (ii)is not 18 years of age or older — or will not be 18 years of age or older — on polling day.

      End of inserted block
Not ordinarily resident in electoral district
Start of inserted block

281.‍4No person shall

  • (a)vote or attempt to vote at an election in a particular electoral district knowing that his or her place of ordinary residence is not in that electoral district; or

  • (b)induce or attempt to induce another person to vote at an election in a particular electoral district knowing that the other person’s place of ordinary residence is not in that electoral district.

    End of inserted block
Voting more than once — general election
Start of inserted block

281.‍5(1)No person who has voted in a general election shall vote again, or attempt to vote again, in that general election.

End of inserted block
Voting more than once — by-election
Start of inserted block

(2)No person who has voted in a by-election shall vote again, or attempt to vote again, at that by-election or at any other by-election that is held on the same day.

End of inserted block
Secrecy of the vote
Start of inserted block

281.‍6(1)Every person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

End of inserted block
Attempting to obtain information about elector’s vote
Start of inserted block

(2)Except as provided by this Act, no person shall, in a polling station, attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted.

End of inserted block
Secrecy at the poll
Start of inserted block

(3)Except as provided by this Act, no person shall

  • (a)on entering the polling station and before receiving a ballot or special ballot, openly declare for whom he or she intends to vote;

  • (b)while in the polling station, show his or her ballot or special ballot, when marked, so as to allow the name of the candidate for whom he or she has voted to be seen; or

  • (c)before leaving the polling station, openly declare for whom he or she has voted.

    End of inserted block
Secrecy — marked ballot
Start of inserted block

(4)No person who has seen a ballot or special ballot that has been marked by an elector shall disclose information as to how it was marked unless he or she is the elector who marked it or he or she has been authorized to make the disclosure by the elector who marked it.

End of inserted block
Secrecy — counting of the votes
Start of inserted block

(5)No person shall, at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.

End of inserted block
Ballots
Start of inserted block

281.‍7(1)No person shall

  • (a)request or apply for a ballot or special ballot in a name that is not his or her own;

  • (b)vote using a forged ballot or forged special ballot;

  • (c)request or apply for a ballot or special ballot to which he or she is not entitled;

  • (d)provide a ballot or special ballot to any person when not authorized under this Act to do so;

  • (e)have a ballot or special ballot in his or her possession when not authorized under this Act to do so;

  • (f)alter, deface or destroy a ballot or the initials of the election officer that are signed on a ballot;

  • (g)put or cause to be put into a ballot box a ballot, special ballot or other paper otherwise than as provided by this Act or by instructions of the Chief Electoral Officer;

  • (h)take a ballot out of the polling station or the office of the returning officer otherwise than as provided by this Act or by instructions of the Chief Electoral Officer; or

  • (i)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.

    End of inserted block
Ballots — election officer
Start of inserted block

(2)No election officer shall

  • (a)with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; or

  • (b)place on a ballot or special ballot any writing, number or mark with intent that the elector to whom the ballot or special ballot is to be given, or has been given, can be identified.

    End of inserted block
Special ballots — unit election officer
Start of inserted block

(3)No unit election officer shall place on a special ballot any writing, number or mark with intent that the elector to whom the special ballot is to be given, or has been given, can be identified.

End of inserted block
Photograph, video or copy of marked ballot
Start of inserted block

281.‍8(1)No person shall

  • (a)take a photograph or make a video recording of a ballot or special ballot that has been marked, at an election, by an elector;

  • (b)make a copy, in any manner, of any ballot or special ballot that has been marked, at an election, by an elector; or

  • (c)distribute or show, in any manner, to one or more persons, a photograph, video recording or copy of a ballot or special ballot that has been marked, at an election, by an elector.

    End of inserted block
Exception — persons with visual impairment
Start of inserted block

(2)Subsection (1) does not apply to any person with a visual impairment who takes a photograph or makes a video recording or copy of a ballot or special ballot that he or she has marked for the purpose of verifying the accuracy of their marking.

End of inserted block
Exception — legal proceedings
Start of inserted block

(3)Subsection (1) does not apply to a person who does anything referred to in that subsection for the purpose of a recount under Part 14 or for the purpose of any other legal proceeding.

End of inserted block
False statement
Start of inserted block

281.‍9No person shall

  • (a)make a false statement in an application for registration and special ballot; or

  • (b)make a false statement in a declaration signed by him or her before an election officer or unit election officer.

    End of inserted block
Person who assists elector — limit
Start of inserted block

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.

End of inserted block
Person who assists elector — secrecy
Start of inserted block

(2)No person who assists an elector under section 155 or 243.‍01 shall, directly or indirectly, disclose the name of the candidate for whom the elector voted or that candidate’s political affiliation.

End of inserted block
Vouching for more than one person
Start of inserted block

282.‍1(1)No person shall vouch for more than one person at an election.

End of inserted block
Voucher not qualified as elector, etc.
Start of inserted block

(2)No person shall vouch for another person if

  • (a)the person who vouches is not qualified as an elector;

  • (b)the person who vouches does not personally know the other person; or

  • (c)the person who vouches does not reside in the same polling division as the other person.

    End of inserted block
Vouchee acting as voucher
Start of inserted block

(3)No person who has been vouched for at an election shall vouch for another person at that election.

End of inserted block
Influencing electors
Start of inserted block

282.‍2No person shall, in a polling station or in any place where voting at an election is taking place, influence or attempt to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

End of inserted block
Influencing electors — election officers and staff of returning officers
Start of inserted block

282.‍3Subject to section 141, no election officer, unit election officer or member of the staff of a returning officer shall, while exercising their powers or performing their duties, influence or attempt to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

End of inserted block
Undue influence by foreigners
Start of inserted block

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)an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and who does not reside in Canada;

  • (b)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 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 or registered party, at the election;

  • (c)a trade union that does not hold bargaining rights for employees in Canada;

  • (d)a foreign political party; or

  • (e)a foreign government or an agent or mandatary of a foreign government.

    End of inserted block
Meaning of unduly influencing
Start of inserted block

(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 if

  • (a)they 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;

  • (b)they knowingly make or publish a false statement that is prohibited under paragraph 91(1)‍(a) or (b) in respect of a candidate in that election, a registered party that has endorsed a candidate in that election or the leader of such a registered party; or

  • (c)one of the things done by them to influence the elector is an offence under an Act of Parliament or a regulation made under any such Act, or under an Act of the legislature of a province or a regulation made under any such Act.

    End of inserted block
Exceptions
Start of inserted block

(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)an expression of their opinion about the outcome or desired outcome of the election;

  • (b)a statement by them that encourages the elector to vote or refrain from voting for any candidate or registered party in the election; or

  • (c)the transmission to the public through broadcasting, or through electronic or print media, of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, regardless of the expense incurred in doing so, if no contravention of subsection 330(1) or (2) is involved in the transmission.

    End of inserted block
Collusion
Start of inserted block

(4)No person or entity shall act in collusion with a person or entity to whom subsection (1) applies for the purpose of contravening that subsection.

End of inserted block
Selling advertising space
Start of inserted block

(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 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 an election within the meaning of this section.

End of inserted block
Interfering with marking of ballot
Start of inserted block

282.‍5No person shall interfere with, or attempt to interfere with, an elector who is marking a ballot or special ballot.

End of inserted block
Preventing elector from voting
Start of inserted block

282.‍6No person shall prevent or attempt to prevent an elector from voting at an election.

End of inserted block
Offering bribe
Start of inserted block

282.‍7(1)No person shall, during an election period, directly or indirectly, offer a bribe to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

End of inserted block
Accepting bribe
Start of inserted block

(2)No person shall, during an election period, accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

End of inserted block
Intimidation, etc.
Start of inserted block

282.‍8No person shall

  • (a)by intimidation or duress, compel or attempt to compel a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election; or

  • (b)by any pretence or contrivance, including by representing that the ballot or special ballot or the manner of voting at an election is not secret, influence or attempt to influence a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

    End of inserted block

2014, c. 12, s. 61(1)

191(1)Subsections 283(1) and (2) of the Act are replaced by the following:

Counting the votes

283(1)Immediately after the close of a polling station, Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end the Insertion start polling station Insertion end shall count the votes in the presence of

  • Start of inserted block

    (a)another election officer who is assigned to the polling station; and

    End of inserted block
  • Insertion start (b) Insertion end any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

Tally sheets

(2) Insertion start One of those election officers Insertion end shall supply all the persons referred to in Insertion start paragraph Insertion end (1) Insertion start (b) Insertion end who are present and who request Insertion start one Insertion end with a tally sheet to keep their own score of the voting.

2014, c. 12, s. 61(2)

(2)The portion of subsection 283(3) of the Act before paragraph (b) is replaced by the following:

Steps to follow

(3)The Insertion start election Insertion end officer Insertion start who counts the votes Insertion end shall, in the following order,

  • (a)count the number of electors who voted, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).‍”, sign the list and place the list in the envelope supplied for that purpose;

2014, c. 12, s. 61(3)

(3)Paragraph 283(3)‍(d) of the English version of the Act is replaced by the following:

  • (d)total the number of electors indicated under paragraph (a) who voted and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

(4)Paragraph 283(3)‍(f) of the Act is replaced by the following:

  • (f)examine each ballot, show the ballot to each person who is present, and ask the Insertion start election officer referred to in paragraph (1)‍(a) Insertion end to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

192(1)The portion of subsection 284(1) of the Act before paragraph (a) is replaced by the following:

Rejection of ballots

284(1)In examining the ballots, the Insertion start election Insertion end officer Insertion start who counts the votes Insertion end shall reject one

(2)Subsections 284(2) and (3) of the Act are replaced by the following:

Limitation

(2)No ballot shall be rejected by reason only that Insertion start an election Insertion end officer placed on it any writing, number or mark, or failed to remove the counterfoil.

Counterfoils remaining attached

(3) Insertion start If Insertion end a ballot is found with the counterfoil attached, the Insertion start election Insertion end officer Insertion start who counts the votes Insertion end shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

193Sections 285 and 286 of the Act are replaced by the following:

Ballots not initialled by election officer

285If the Insertion start election Insertion end officer Insertion start who counts the votes Insertion end determines that a ballot has Insertion start not been initialed by an election officer Insertion end , he or she shall, in the presence of the Insertion start election officer referred to in paragraph 283(1)‍(a) Insertion end and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)‍(d).

Objections to ballots

286(1) Insertion start One of the election officers referred to in subsection 283(1) Insertion end shall Insertion start make Insertion end a record, in the prescribed form, of every objection to a ballot made by a candidate or Insertion start candidate’s representative Insertion end , give a number to the objection, write that number on the ballot and initial it.

Decision of election officer

(2)Every question that is raised by Insertion start the Insertion end objection shall Insertion start be decided by the election officer who counts the votes Insertion end , and the decision is subject to reversal only on a recount or on application under subsection 524(1).

194(1)Subsection 287(1) of the Act is replaced by the following:

Statement of vote

287(1)The Insertion start election Insertion end officer Insertion start who counts the votes Insertion end shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and Insertion start shall Insertion end place the original statement and a copy of it in the separate envelopes supplied for the purpose.

(2)Subsection 287(2) of the English version of the Act is replaced by the following:

Copies of statement of vote

(2)The Insertion start election Insertion end officer shall give a copy of the statement of the vote to each of the Insertion start candidates’ Insertion end representatives present at the count.

195(1)Subsections 288(1) and (2) of the Act are replaced by the following:

Marked ballots

288(1) Insertion start One of the election officers referred to in subsection 283(1) Insertion end shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The Insertion start election officers Insertion end shall sign the seal on each envelope, and the witnesses may also sign them.

Rejected ballots

(2) Insertion start One of the election officers Insertion end shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

(2)The portion of subsection 288(3) of the Act before paragraph (a) is replaced by the following:

Documents enclosed in large envelope

(3) Insertion start One of the election officers Insertion end shall seal in a large envelope supplied for the purpose

(3)Subsection 288(5) of the English version of the Act is replaced by the following:

Sealing ballot box

(5)The ballot box shall be sealed with the seals provided by the Chief Electoral Officer.

2014, c. 12, s. 62

196Sections 288.‍01 and 288.‍1 of the Act are replaced by the following:

Solemn declarations

288.‍01 Insertion start One of the election officers referred to in subsection 283(1) Insertion end shall place the form for each Insertion start solemn declaration made Insertion end under subsection 143(3) or paragraph 161(1)‍(b) or 169(2)‍(b) in an envelope supplied for the purpose.

Periodic statements of electors who voted

288.‍1 Insertion start One of the election officers referred to in subsection 283(1) Insertion end shall place a copy of each document prepared for the purpose of paragraph 162(i.‍1) in an envelope supplied for the purpose.

197(1)Subsection 289(1) of the Act is replaced by the following:

Counting of votes on polling day

289(1) Insertion start At least two election officers who are assigned to Insertion end an advance Insertion start polling station and who are specified in accordance with Insertion end the Insertion start Chief Electoral Officer’s instructions Insertion end shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)‍(iii) to count the votes.

2014, c. 12, s. 63

(2)Paragraph 289(2)‍(a) of the Act is replaced by the following:

  • (a)for the application of paragraph 283(3)‍(e), the Insertion start two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions Insertion end shall open the ballot boxes and empty their contents onto a table; and

(3)Subsection 289(3) of the Act is replaced by the following:

Prohibition

(3) Insertion start Subject to subsection (4) Insertion end , no person shall make a count of the votes cast at an advance poll before the close of Insertion start voting hours Insertion end on polling day.

Exception

Start of inserted block

(4)The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if

  • (a)the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;

  • (b)the counting is done in accordance with the Chief Electoral Officer’s instructions;

  • (c)the counting is done in a manner that ensures the integrity of the vote; and

  • (d)the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

    End of inserted block

2014, c. 12, ss. 64 and 65

198Sections 290 and 291 of the Act are replaced by the following:

Sending ballot boxes and envelopes to returning officer

290 Insertion start An election Insertion end officer Insertion start who is assigned to Insertion end a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.‍01 and, in the case of Insertion start an election Insertion end officer Insertion start who is assigned to Insertion end a polling station, the envelope referred to in section 288.‍1.

Provision of documents

291A returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, with one copy of each statement of the vote in respect of the candidate’s electoral district.

2014, c. 12, s. 66

199Section 292.‍1 of the Act is replaced by the following:

List of persons who made solemn declaration

292.‍1A returning officer, on the receipt of each envelope referred to in section 288.‍01, shall create a list of the names of all persons who Insertion start made a solemn declaration Insertion end under subsection 143(3) or paragraph 161(1)‍(b) or 169(2)‍(b) and shall include in the list the address of each of those persons.

200Paragraphs 296(2)‍(b) and (c) of the Act are replaced by the following:

  • (b)for ascertaining the total number of votes under paragraph (a), may summon any Insertion start election Insertion end officer or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and

  • (c)may Insertion start question Insertion end the Insertion start election Insertion end officer or other person respecting the matter in question Insertion start and, if necessary, ask them to make a solemn declaration in respect of the matter Insertion end .

201(1)Section 301 of the Act is amended by adding the following after subsection (1):

Notice to candidates

Start of inserted block

(1.‍1)The returning officer shall notify each candidate or his or her official agent in writing of the application for a recount.

End of inserted block

(2)The portion of subsection 301(2) of the French version of the Act before paragraph (a) is replaced by the following:

Motifs du dépouillement

(2)Le juge fixe la date du dépouillement s’il appert, d’après Insertion start l’affidavit d’un Insertion end témoin digne de foi, que l’une ou l’autre des situations suivantes existe :

(3)Paragraph 301(2)‍(a) of the Act is replaced by the following:

  • (a) Insertion start an election Insertion end officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or

202(1)Subsection 304(1) of the Act is replaced by the following:

Recount procedure

304(1)The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by Insertion start election Insertion end officers or the Chief Electoral Officer.

2014, c. 12, s. 69

(2)Subsection 304(3) of the Act is replaced by the following:

Procedure for certain recounts

(3)In the case of a recount conducted by counting the valid ballots or all of the ballots returned by Insertion start election Insertion end officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.

(3)Subsection 304(5) of the Act is replaced by the following:

Additional powers of judge

(5)For the purpose of conducting a recount, a judge has the power to summon any Insertion start election Insertion end officer as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.

2014, c. 12, s. 70

203Section 308 of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

  • (c)return to the returning officer the election documents or election materials brought under subsection 300(4) Insertion start or 301(4) Insertion end for the purpose of the recount; and

  • Insertion start (d) Insertion end deliver to Insertion start the returning officer Insertion end the reports created in the course of the recount.

204(1)Subsection 311(2) of the French version of the Act is replaced by the following:

Requête appuyée par un affidavit

(2)La requête peut être appuyée par Insertion start un affidavit Insertion end , qu’il n’est pas nécessaire d’intituler d’aucune manière, exposant les faits qui se rattachent au défaut de conformité.

(2)Subsection 311(4) of the French version of the Act is replaced by the following:

Production des affidavits

(4)Le juge visé ou toute partie intéressée peuvent déposer au bureau du greffier, du registraire ou du protonotaire du tribunal du juge auquel la requête a été présentée des Insertion start affidavits Insertion end en réponse à Insertion start ceux Insertion end que le requérant a Insertion start produits Insertion end ; sur demande, ils en fournissent des copies au requérant.

205(1)Paragraph 314(1)‍(a) of the Act is replaced by the following:

  • (a)a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from Insertion start election Insertion end officers;

(2)Paragraph 314(1)‍(c) of the Act is replaced by the following:

  • (c)all other documents that were used at the election, Insertion start including documents prepared under paragraph 162(i.‍1) Insertion end .

2014, c. 12, s. 72

206The definitions election advertising and election survey in section 319 of the Act are repealed.

207Section 321 of the Act is repealed.

208Subsection 323(1) of the Act is replaced by the following:

Blackout period

323(1)No person shall transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.

209The heading before section 326 of the English version of the Act is replaced by the following:

Election Surveys

210(1)Subsection 326(1) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

  • Start of inserted block

    (g)the address of the Internet site on which a report referred to in subsection (3) is published.

    End of inserted block

(2)Subsection 326(2) of the Act is replaced by the following:

Additional information — published surveys

(2)In addition to the information referred to in subsection (1), in the case of a transmission to the public by means other than broadcasting, the wording of the survey questions in respect of which data is obtained must be provided.

Notice of transmission of survey results

Start of inserted block

(2.‍1)The first person who transmits to the public the results of an election survey — other than a survey that is described in section 327 — shall, if that person is not the sponsor of the survey, ensure that the sponsor of the survey has been notified, before the transmission, of the date on which the results are to be transmitted.

End of inserted block

(3)The portion of subsection 326(3) of the Act before paragraph (a) is replaced by the following:

Report on survey results

(3)A sponsor of an election survey —  Insertion start other than a survey that is described in section 327 Insertion end  — shall, during an election period, Insertion start ensure that Insertion end a report on the results of the survey Insertion start is published and remains for the remainder of that period on an Internet site that is available to the public Insertion end . The Insertion start sponsor shall do so before transmitting the results of the survey, if they are the first person to transmit them or, if they are not, as soon as feasible Insertion end after Insertion start being notified of the date of transmission under subsection (2.‍1), and Insertion end the report shall include the following, as applicable:

(4)Subsection 326(4) of the Act is repealed.

211Subsection 328(1) of the Act is replaced by the following:

Prohibition — causing transmission of election survey results during blackout period

328(1)No person shall cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

212Subsection 330(1) of the Act is replaced by the following:

Prohibition — use of broadcasting station outside Canada

330(1)No person shall, with intent to influence persons to vote or refrain from voting, or Insertion start to Insertion end vote or refrain from voting for a particular candidate Insertion start or registered party Insertion end , at an election, use a broadcasting station outside Canada, Insertion start or Insertion end aid, abet, counsel or procure the use of Insertion start a broadcasting station outside Canada Insertion end , during an election period, for the broadcasting of any matter having reference to an election.

Exception

Start of inserted block

(1.‍1)Subsection (1) does not apply in respect of any matter that is broadcast if the broadcasting signals originated in Canada.

End of inserted block

2001, c. 27, s. 211

213Section 331 of the Act and the heading before it are repealed.

2014, c. 12, s. 76

214(1)Paragraph 348.‍06(2)‍(b) of the English version of the Act is replaced by the following:

  • (b)the name of the person or group Insertion start that is a party to Insertion end the agreement;

(2)Subsection 348.‍06(2) of the Act is amended by adding the following after paragraph (b):

  • Start of inserted block

    (b.‍1)the name of the person or group on whose behalf calls will be made under the agreement; and

    End of inserted block

2014, c. 12, s. 76

215(1)Paragraph 348.‍07(2)‍(b) of the English version of the Act is replaced by the following:

  • (b)the name of the person or group Insertion start that is a party to Insertion end the agreement;

(2)Subsection 348.‍07(2) of the Act is amended by adding the following after paragraph (b):

  • Start of inserted block

    (b.‍1)the name of the person or group on whose behalf calls will be made under the agreement; and

    End of inserted block

2014, c. 12, s. 76

216Section 348.‍12 of the Act is replaced by the following:

Publication

348.‍12 Insertion start (1) Insertion end As soon as feasible Insertion start but no later than Insertion end 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.

Clarification

Start of inserted block

(2)Nothing in subsection (1) precludes the Canadian Radio-television and Telecommunications Commission from publishing, before polling day, any registration notice filed with it or any information related to any incomplete registration notice that is filed with it.

End of inserted block

2014, c. 12, s. 77

217The heading of Division 2 of Part 16.‍1 of the Act is replaced by the following:

Scripts, Recordings Insertion start and Lists of Telephone Numbers Insertion end

218Section 348.‍16 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • Start of inserted block

    (c)a list of every telephone number called under the agreement during the election period.

    End of inserted block

219Section 348.‍17 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • Start of inserted block

    (c)a list of every telephone number called under the agreement during the election period.

    End of inserted block

2014, c. 12, s. 77

220Sections 348.‍18 and 348.‍19 of the Act are replaced by the following:

Person or group — internal services

348.‍18If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.‍01, the person or group shall keep, for one year after the end of the election period,

  • Insertion start (a) Insertion end a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed; and

  • Start of inserted block

    (b)a list of every telephone number called for that purpose during the election period.

    End of inserted block

Third party that is corporation or group — internal services

348.‍19If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.‍01, the third party shall, if a script is used, keep, for one year after the end of the election period,

  • Insertion start (a) Insertion end a copy of each unique script used and a record of every date on which the script was used; and

  • Start of inserted block

    (b)a list of every telephone number called for that purpose during the election period.

    End of inserted block

221The heading of Part 17 of the Act is replaced by the following:

Third Party Advertising, Insertion start Partisan Activities and Election Surveys Insertion end

Start of inserted block
Interpretation
End of inserted block

222(1)The definitions election advertising and election advertising expense in section 349 of the Act are repealed.

(2)The definition third party in section 349 of the Act is replaced by the following:

third party means

  • Start of inserted block

    (a)in Division 1, a person or a group other than

    • (i)a registered party or eligible party or a registered association,

    • (ii)a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

    • (iii)a nomination contestant; and

      End of inserted block
  • Insertion start (b) Insertion end Insertion start Insertion end Insertion start in Division 2 Insertion end , a person or a group other than a candidate, Insertion start a Insertion end registered party or Insertion start an Insertion end electoral district association of a registered party.‍ (tiers)

(3)Section 349 of the Act is amended by adding the following in alphabetical order:

Start of inserted block

election survey means an election survey that is conducted by, or caused to be conducted by, a third party — a person or group other than a political party that is registered under an Act of a province — during a pre-election period or an election period and whose results the person or group takes into account

  • (a)in deciding whether or not to organize and carry out partisan activities or to transmit partisan advertising messages or election advertising messages; or

  • (b)in their organization and carrying out of those activities or their transmission of those messages.‍ (sondage électoral)

election survey expense means an expense incurred in respect of the conducting of an election survey

  • (a)in Division 1, during a pre-election period;

  • (b)in Division 2, during an election period; and

  • (c)in Division 3, during either a pre-election period or an election period.‍ (dépenses de sondage électoral)

partisan activity means an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party — a person or group other than a political party that is registered under an Act of a province — and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. It does not include election advertising, partisan advertising or a fundraising activity. (activité partisane)

partisan activity expense means an expense incurred in respect of the organization and carrying out of a partisan activity.‍ (dépenses d’activité partisane)

registered third party means a third party that is registered under section 349.‍6 or 353. (tiers enregistré)

End of inserted block

223The Act is amended by adding the following after section 349:

Start of inserted block

DIVISION 1
Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period

End of inserted block
Maximum pre-election period expenses
Start of inserted block

349.‍1(1)Subject to section 349.‍4, a third party shall not incur the following expenses in an aggregate amount of more than $700,000:

  • (a)partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

  • (b)partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

  • (c)election survey expenses in relation to election surveys that are conducted during that period.

    End of inserted block
Maximum pre-election period expenses — electoral district
Start of inserted block

(2)Not more than $7,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more potential candidates or nomination contestants in a given electoral district.

End of inserted block
Expenses — party leader
Start of inserted block

(3)The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.

End of inserted block
Third party inflation adjustment factor
Start of inserted block

(4)The amounts referred to in subsections (1) and (2) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

End of inserted block
Prohibition — circumventing maximum amount
Start of inserted block

349.‍2A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 349.‍1 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, partisan advertising expenses and election survey expenses exceed the maximum amount.

End of inserted block
Prohibition — collusion with registered party
Start of inserted block

349.‍3(1)No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

End of inserted block
Prohibition — collusion with potential candidate
Start of inserted block

(2)No third party and no potential candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

End of inserted block
Prohibition — collusion with associated person
Start of inserted block

(3)No third party and no person associated with a potential candidate’s activities undertaken with a view to the potential candidate’s eventual election — including an official agent of a potential candidate who is deemed to be a candidate under section 477 — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

End of inserted block
Prohibition — spending by foreign third parties
Start of inserted block

349.‍4(1)A foreign third party shall not incur the following expenses:

  • (a)partisan activity expenses in relation to a partisan activity that is carried out during a pre-election period;

  • (b)partisan advertising expenses in relation to a partisan advertising message that is transmitted during that period; and

  • (c)election survey expenses in relation to an election survey that is conducted during that period.

    End of inserted block
Definition of foreign third party
Start of inserted block

(2)In subsection (1), a foreign third party is a third party in respect of which

  • (a)if the third party is an individual, the individual

    • (i)is not a Canadian citizen,

    • (ii)is not a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, and

    • (iii)does not reside in Canada;

  • (b)if the third party is a corporation or entity,

    • (i)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

    • (ii)it was incorporated, formed or otherwise organized outside Canada; and

  • (c)if the third party is a group, no person who is responsible for the group

    • (i)is a Canadian citizen,

    • (ii)is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii)resides in Canada.

      End of inserted block
Advertising to name third party
Start of inserted block

349.‍5A third party shall identify itself in any partisan advertising message placed by it and mention in or on the message that it has authorized its transmission.

End of inserted block
Registration requirement for third parties
Start of inserted block

349.‍6(1)A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

  • (a)partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

  • (b)partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

  • (c)election survey expenses in relation to election surveys that are conducted during that period.

However, the third party may not register before the beginning of the pre-election period.

End of inserted block
Application for registration
Start of inserted block

(2)An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

  • (a)if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that

    • (i)they are a Canadian citizen,

    • (ii)they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii)they reside in Canada;

  • (b)if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;

  • (c)if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that

    • (i)they are a Canadian citizen,

    • (ii)they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii)they reside in Canada;

  • (d)the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

  • (e)the name, address and telephone number of the third party’s financial agent.

    End of inserted block
Declaration of financial agent to accompany application
Start of inserted block

(3)An application under subsection (2) shall be accompanied by a declaration signed by the financial agent accepting the appointment.

End of inserted block
New financial agent
Start of inserted block

(4)If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

End of inserted block
Trade union or corporation
Start of inserted block

(5)If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, partisan advertising expenses and election survey expenses.

End of inserted block
Examination of application
Start of inserted block

(6)The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

End of inserted block
Application rejected
Start of inserted block

(7)A third party may not be registered under a name that, in the Chief Electoral Officer’s opinion, is likely to be confused with the name of a registered party or eligible party, a potential candidate, a nomination contestant, a candidate, a leadership contestant, a leader of a registered party or eligible party or a registered third party.

End of inserted block
Registration ends
Start of inserted block

(8)Subject to subsection 353(1.‍1), the registration of a third party is valid only for the pre-election period during which the application is made, but the third party continues to be subject to this Part.

End of inserted block
Appointment of financial agent
Start of inserted block

349.‍7(1)A third party that is required to register under subsection 349.‍6(1) shall appoint a financial agent, who may be a person who is authorized to sign an application for registration made under that subsection.

End of inserted block
Financial agent — ineligible persons
Start of inserted block

(2)The following persons are not eligible to be a financial agent of a third party:

  • (a)an election officer or a member of the staff of a returning officer;

  • (b)a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

  • (c)the chief agent of a registered party or eligible party;

  • (d)a registered agent of a registered party;

  • (e)a nomination contestant or their financial agent;

  • (f)a leadership contestant or their leadership campaign agent; and

  • (g)a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

    End of inserted block
Requirement to appoint auditor
Start of inserted block

349.‍8(1)A third party that is required to register under subsection 349.‍6(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

  • (a)partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

  • (b)partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

  • (c)election survey expenses in relation to election surveys that are conducted during that period.

    End of inserted block
Eligibility criteria
Start of inserted block

(2)The following are eligible to be an auditor for a third party:

  • (a)a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

  • (b)a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

    End of inserted block
Auditor — ineligible persons
Start of inserted block

(3)The following persons are not eligible to be an auditor for a third party:

  • (a)the third party’s financial agent;

  • (b)a person who signed the application made under subsection 349.‍6(2);

  • (c)an election officer or a member of the staff of a returning officer;

  • (d)a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

  • (e)the chief agent of a registered party or eligible party;

  • (f)a registered agent of a registered party;

  • (g)a nomination contestant or their financial agent; and

  • (h)a leadership contestant or their leadership campaign agent.

    End of inserted block
Notification of appointment
Start of inserted block

(4)Every third party, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a declaration signed by the auditor accepting the appointment.

End of inserted block
New auditor
Start of inserted block

(5)If a third party’s auditor is replaced, it shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a declaration signed by the new auditor accepting the appointment.

End of inserted block
Responsibilities of financial agent
Start of inserted block

349.‍9(1)Every contribution made during a pre-election period to a registered third party for partisan activity, partisan advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, partisan advertising expense or election survey expense incurred during a pre-election period on behalf of a registered third party shall be authorized by its financial agent.

End of inserted block
Delegation
Start of inserted block

(2)A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, partisan advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.

End of inserted block
Interim third-party expenses return
Start of inserted block

349.‍91(1)Every third party that is required to be registered in accordance with subsection 349.‍6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer within 5 days after the day on which it became required to be registered in accordance with that subsection, if the third party

  • (a)has incurred expenses referred to in subsection 349.‍1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the day on which it became required to be registered in accordance with subsection 349.‍6(1); or

  • (b)has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

    End of inserted block
Contents of return
Start of inserted block

(2)The interim third-party expenses return shall contain

  • (a)a list of partisan activity expenses referred to in subsection 349.‍1(2) incurred during the period referred to in paragraph (1)‍(a) and the date and place of the partisan activities to which the expenses relate;

  • (b)a list of partisan advertising expenses referred to in subsection 349.‍1(2) incurred during that period and the date and place of the transmission of the partisan advertising messages to which the expenses relate;

  • (c)a list of election survey expenses referred to in subsection 349.‍1(2) incurred during that period and the date of the election surveys to which the expenses relate; and

  • (d)a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.‍1(1) incurred during that period — other than those referred to in paragraphs (a) to (c) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

    End of inserted block
When no expenses
Start of inserted block

(3)If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

End of inserted block
Contributions
Start of inserted block

(4)The interim third-party expenses return shall include

  • (a)the 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);

  • (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)‍(a), their name, address and class, and the amount and date of each contribution;

  • (c)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; and

  • (d)the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)‍(a) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

    End of inserted block
Exceptions
Start of inserted block

(5)The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed under subsection 359(1) in respect of

  • (a)a by-election that was held after the general election referred to in paragraph (1)‍(a); or

  • (b)a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.‍2)‍(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).

    End of inserted block
Loans
Start of inserted block

(6)For the purpose of subsection (4), a contribution includes a loan.

End of inserted block
Categories
Start of inserted block

(7)For the purposes of paragraphs (4)‍(a) and (b), the following are the classes of contributor:

  • (a)individuals;

  • (b)businesses;

  • (c)commercial organizations;

  • (d)governments;

  • (e)trade unions;

  • (f)corporations without share capital other than trade unions; and

  • (g)unincorporated organizations or associations other than trade unions.

    End of inserted block
Names to be provided
Start of inserted block

(8)If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)‍(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)‍(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

End of inserted block
Declaration
Start of inserted block

(9)The interim third-party expenses return shall include a declaration that the return is accurate signed by

  • (a)the third party’s financial agent; and

  • (b)if different from the financial agent, the person who signed the application made under subsection 349.‍6(2).

    End of inserted block
Supporting documents
Start of inserted block

(10)A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

End of inserted block
Interim third-party expenses return
Start of inserted block

349.‍92(1)Every third party that is required to be registered in accordance with subsection 349.‍6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on September 15, if the third party

  • (a)has incurred expenses referred to in subsection 349.‍1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the earlier of September 14 and the last day of the pre-election period; or

  • (b)has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

    End of inserted block
Section 349.‍91 applies
Start of inserted block

(2)Subsections 349.‍91(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)‍(a) of section 349.‍91 shall be read as a reference to the period referred to in paragraph (1)‍(a) of this section.

End of inserted block
Exception
Start of inserted block

(3)In addition to the exceptions set out in subsection 349.‍91(5), the interim third-party expenses return need not include any information referred to in subsections 349.‍91(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 349.‍91(1).

End of inserted block
Application
Start of inserted block

(4)This section applies only in the case of a general election that is held on a day set in accordance with subsection 56.‍1(2) or section 56.‍2.

End of inserted block
Prohibition — false, misleading or incomplete return
Start of inserted block

349.‍93No third party shall file under subsection 349.‍91(1) or 349.‍92(1) an interim third-party expenses return that

  • (a)the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b)does not substantially set out the information required under section 349.‍91 or 349.‍92, as the case may be.

    End of inserted block
Prohibition — use of certain contributions
Start of inserted block

349.‍94No third party shall use a contribution made for partisan activity, partisan advertising or election survey purposes for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 349.‍91(7) the contributor falls:

  • (a)a partisan activity that is carried out during a pre-election period;

  • (b)a partisan advertising message that is transmitted during that period; and

  • (c)an election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit partisan advertising messages during that period.

    End of inserted block
Prohibition — use of foreign funds
Start of inserted block

349.‍95No third party shall use funds for any purpose set out in paragraphs 349.‍94(a) to (c) if the source of the funds is a foreign entity, including

  • (a)an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b)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 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;

  • (c)a trade union that does not hold bargaining rights for employees in Canada;

  • (d)a foreign political party; or

  • (e)a foreign government or an agent or mandatary of one.

    End of inserted block
Start of inserted block

DIVISION 2
Partisan Activities, Election Advertising and Election Surveys During Election Period

End of inserted block

2014, c. 12, ss. 78(1) and (2)

224(1)Subsections 350(1) to (4.‍1) of the Act are replaced by the following:

Maximum election period expenses

350(1)Subject to section 351.‍1, a third party shall not incur Insertion start the following expenses in an aggregate Insertion end amount of more than $ Insertion start 350,000 Insertion end :

  • Insertion start (a) Insertion end Insertion start Insertion end Insertion start partisan activity expenses in relation to partisan activities that are carried out during the election period of Insertion end a general election;

  • Insertion start (b) Insertion end election advertising expenses in Insertion start relation to election advertising messages that are transmitted during that period; and Insertion end

  • Insertion start (c) Insertion end Insertion start Insertion end Insertion start election survey expenses Insertion end in relation to Insertion start election surveys that are conducted during that period Insertion end .

Maximum election period expenses — electoral district

(2)Not more than $3,000 of the Insertion start maximum Insertion end amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district.

Expenses — party leader

(3)The Insertion start maximum amount Insertion end set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in Insertion start an Insertion end electoral district.

Maximum election period expenses — by-election

(4)Subject to section 351.‍1, a third party shall not incur Insertion start the following expenses in an aggregate Insertion end amount of more than $3,000 in a given electoral district:

  • Insertion start (a) Insertion end Insertion start Insertion end Insertion start partisan activity expenses in relation to partisan activities that are carried out during the election period of Insertion end a by-election;

  • Insertion start (b) Insertion end election advertising expenses in Insertion start relation to election advertising messages that are transmitted during that period; and Insertion end

  • Insertion start (c) Insertion end Insertion start Insertion end Insertion start election survey expenses Insertion end in relation to Insertion start election surveys that are conducted during that period Insertion end .

Uncancellable spending

(4.‍1) Insertion start In the case of Insertion end a general election Insertion start that Insertion end is Insertion start not Insertion end held on a Insertion start day Insertion end set in Insertion start accordance with Insertion end subsection 56.‍1(2) or section 56.‍2, or Insertion start of Insertion end a by-election, a third party Insertion start is deemed Insertion end not Insertion start to have incurred a partisan activity expense Insertion end , an election advertising expense Insertion start or an election survey expense Insertion end if, on the issue of the writ or writs, it is not able to cancel Insertion start the activity Insertion end , the transmission of Insertion start the Insertion end advertising Insertion start message or the survey, as the case may be, that the expense is in relation to Insertion end .

2014, c. 12, s. 78(2)

(2)Subsection 350(5) of the French version of the Act is replaced by the following:

Indexation

(5)Les Insertion start sommes visées Insertion end aux paragraphes (1), (2) et (4) sont Insertion start multipliées Insertion end par le facteur d’ajustement à l’inflation visé à l’article 384, Insertion start applicable Insertion end à la date de délivrance du ou des brefs.

2014, c. 12, s. 78(2)

(3)Subsection 350(6) of the Act is repealed.

2014, c. 12, s. 78.‍1

225Sections 351 to 352 of the Act are replaced by the following:

Prohibition — circumventing maximum amount

351A third party shall not circumvent, or attempt to circumvent, a Insertion start maximum amount Insertion end set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the Insertion start maximum amount Insertion end or acting in collusion with another third party so that their combined Insertion start partisan activity expenses Insertion end , election advertising expenses Insertion start and election survey expenses Insertion end exceed the Insertion start maximum amount Insertion end .

Prohibition — collusion with registered party

Start of inserted block

351.‍01(1)No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

End of inserted block

Prohibition — collusion with candidate

Start of inserted block

(2)No third party and no candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

End of inserted block

Prohibition — collusion with associated person

Start of inserted block

(3)No third party and no person associated with a candidate’s campaign — including a candidate’s official agent — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

End of inserted block

Prohibition — spending by foreign third parties

351.‍1 Insertion start (1) Insertion end A Insertion start foreign Insertion end third party shall not incur Insertion start the following expenses Insertion end :

  • Start of inserted block

    (a)partisan activity expenses in relation to a partisan activity that is carried out during an election period;

    End of inserted block
  • Insertion start (b) Insertion end election advertising expenses in relation to Insertion start an election advertising message that is transmitted during that period; and Insertion end

  • Start of inserted block

    (c)election survey expenses in relation to an election survey that is conducted during that period.

    End of inserted block

Definition of foreign third party

Start of inserted block

(2)In subsection (1), a foreign third party is a third party in respect of which

End of inserted block
  • (a)if the third party is an individual, the individual

    • (i)is Insertion start not Insertion end a Canadian citizen,

    • (ii)is Insertion start not Insertion end a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, Insertion start and Insertion end

    • (iii) Insertion start does not reside Insertion end in Canada;

  • (b)if the third party is a corporation Insertion start or entity Insertion end ,

    • Start of inserted block

      (i)it does not carry on business in Canada, or its only activity carried 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 or registered party, at the election, and

    • (ii)it was incorporated, formed or otherwise organized outside Canada; and

      End of inserted block
  • (c)if the third party is a group, Insertion start no Insertion end person who is responsible for the group

    • (i)is a Canadian citizen,

    • (ii)is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii)resides in Canada.

Advertising to name third party

352A third party shall identify itself in any election advertising Insertion start message Insertion end placed by it and Insertion start shall mention in or on the message Insertion end that it has authorized Insertion start its transmission Insertion end .

2014, c. 12, s. 79(1)

226(1)Subsection 353(1) of the Act is replaced by the following:

Registration requirement for third parties

353(1)A third party shall register immediately after having incurred Insertion start the following expenses in an aggregate Insertion end amount of $500:

  • Start of inserted block

    (a)partisan activity expenses in relation to partisan activities that are carried out during an election period;

    End of inserted block
  • Insertion start (b) Insertion end election advertising expenses Insertion start in relation to election advertising messages that are transmitted during that period; and Insertion end

  • Start of inserted block

    (c)election survey expenses in relation to election surveys that are conducted during that period.

    End of inserted block

Insertion start However, the third party Insertion end may not register before the issue of the writ.

Exception — deemed registration

Start of inserted block

(1.‍1)A third party that registered under subsection 349.‍6(1) during a pre-election period that ends the day before the day of the issue of the writ and that is also required to register under subsection (1) is deemed to be registered under that subsection (1).

End of inserted block

2014, c. 12, s. 79(2)

(2)Paragraphs 353(2)‍(a) to (c) of the Act are replaced by the following:

  • (a)if the third party is an individual, the individual’s name, address and telephone number, their signature and their Insertion start declaration Insertion end that

    • (i)they are a Canadian citizen,

    • (ii)they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii)they reside in Canada;

  • (b)if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their Insertion start declaration Insertion end that the corporation carries on business in Canada;

  • (b.‍1)if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their Insertion start declaration Insertion end that

    • (i)they are a Canadian citizen,

    • (ii)they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii)they reside in Canada;

  • (c)the address and telephone number of the third Insertion start party’s Insertion end office where its books and records are kept and of the office Insertion start in Canada Insertion end to which communications may be addressed Insertion start and at which documents may be served Insertion end ; and

(3)Subsection 353(5