Fair Elections Act (S.C. 2014, c. 12)

Assented to 2014-06-19

Marginal note:Coming into force during leadership contest
  •  (1) If section 86 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations including obligations to report.

  • Marginal note:Prior leadership contests

    (2) All obligations arising out of any leadership contest that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that leadership contest.

Marginal note:Commissioner of Canada Elections — continuation of term
  •  (1) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for at least 18 months, he or she shall continue in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act as enacted by that section 108. However, his or her term of office begins on the date of his or her appointment under section 509 of the Canada Elections Act as it read immediately before the day on which that section 108 comes into force.

  • Marginal note:Commissioner of Canada Elections — termination

    (2) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for less than 18 months, his or her term of office expires on that day.

  • Marginal note:No right to compensation

    (3) A person to whom subsection (2) applies does not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office as a result of subsection (2).

Marginal note:Definition
  •  (1) For the purposes of this section, “former portions” means the following portions of the federal public administration in the Office of the Chief Electoral Officer:

    • (a) the portion known as the Investigations Directorate;

    • (b) the portion known as the Compliance and Enforcement Directorate; and

    • (c) the portion known as Internal Services – Investigations and Compliance and Enforcement.

  • Marginal note:Transfer of appropriations

    (2) Any amount that was appropriated, for the fiscal year in which this section comes into force, for defraying the charges and expenses in respect of the former portions and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Director of Public Prosecutions for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.

  • Marginal note:Continuation of legal proceedings

    (3) Any action, suit or other legal proceedings to which the Chief Electoral Officer is a party relating to the former portions that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Director of Public Prosecutions in the same manner and to the same extent as it could have been continued by or against the Chief Electoral Officer.

  • Marginal note:Employment continued

    (4) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the day on which this section comes into force, occupied a position in the former portions, except that the employee shall, beginning on that day, occupy his or her position in the Office of the Director of Public Prosecutions.

R.S., c. E-3ELECTORAL BOUNDARIES READJUSTMENT ACT

 The Electoral Boundaries Readjustment Act is amended by adding the following before section 29:

Marginal note:Administrative support services

28.1 Despite any other Act of Parliament, the Chief Electoral Officer may provide administrative support services to commissions to assist them in performing their duties under this Act, including by undertaking activities that support

  • (a) human resources management services;

  • (b) financial management services;

  • (c) information management services;

  • (d) information technology services;

  • (e) communications services;

  • (f) services relating to real property and immovables;

  • (g) materiel services; and

  • (h) acquisition services.

1993, c. 38TELECOMMUNICATIONS ACT

  •  (1) Subsection 71(1) of the Telecommunications Act is replaced by the following:

    Marginal note:Designation of inspectors
    • 71. (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act and with the decisions of the Commission under this Act.

  • Marginal note:1999, c. 31, s. 207(F)

    (2) Paragraph 71(4)(a) of the Act is replaced by the following:

    • (a) subject to subsection (5), enter and inspect, at any reasonable time, any place that is owned by or under the control of any Canadian carrier in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the enforcement of this Act or any special Act or any place in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the enforcement of Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;

  • (3) Paragraph 71(6)(a) of the French version of the Act is replaced by the following:

    • a) le local d’habitation est un lieu visé à l’alinéa (4)a);

  • (4) Paragraph 71(6)(b) of the Act is replaced by the following:

    • (b) that entry to the dwelling-place is necessary for the enforcement of this Act, any special Act or Division 1.1 of Part 16.1 of the Canada Elections Act, and

Marginal note:2005, c. 50, s. 2

 The portion of section 72.01 of the Act before paragraph (a) is replaced by the following:

Marginal note:Commission of violation

72.01 Every contravention of a prohibition or requirement of the Commission under section 41 and every contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act constitutes a violation and the person who commits the violation is liable

Marginal note:2005, c. 50, s. 2

 Section 72.05 of the Act is replaced by the following:

Marginal note:Information requirement

72.05 A person authorized to issue notices of violation who believes that a person is in possession of information that the authorized person considers necessary for the administration of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act may require that person to submit the information to the authorized person in periodic reports or in any other form and manner that the authorized person specifies.

Marginal note:2005, c. 50, s. 2
  •  (1) Paragraph 72.06(1)(a) of the Act is replaced by the following:

    • (a) subject to subsection (2), enter and inspect, at any reasonable time, any place in which he or she believes on reasonable grounds there is any document, information or thing relevant to the enforcement of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;

  • Marginal note:2005, c. 50, s. 2

    (2) Paragraph 72.06(3)(b) of the Act is replaced by the following:

    • (b) that entry to the dwelling-place is necessary for the enforcement of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act; and

Marginal note:2005, c. 50, s. 2

 Subsection 72.1(2) of the Act is replaced by the following:

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence in relation to a contravention of a prohibition or requirement of the Commission under section 41, or a contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, applies in respect of a violation to the extent that the rule or principle is not inconsistent with this Act.

Marginal note:2005, c. 50, s. 2

 Section 72.14 of the Act is replaced by the following:

Marginal note:How act or omission may be proceeded with

72.14 If a contravention of a prohibition or a requirement of the Commission under section 41, or a contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

 
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