Fair Elections Act (S.C. 2014, c. 12)

Assented to 2014-06-19

 The Act is amended by adding the following after section 72.15:

Marginal note:Group considered corporation

72.16 For the purposes of sections 72.01 to 72.15, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.

  •  (1) Subsection 73(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (2) Section 73 of the Act is amended by adding the following after subsection (8):

    • Marginal note:Group considered corporation

      (9) For the purposes of this section, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.

2006, c. 9, s. 2CONFLICT OF INTEREST ACT

  •  (1) The definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is amended by adding the following after paragraph (a):

    • (a.1) the Chief Electoral Officer;

  • (2) The definition “reporting public office holder” in subsection 2(1) of the Act is amended by adding the following after paragraph (a):

    • (a.1) the Chief Electoral Officer;

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

 The Access to Information Act is amended by adding the following after section 16.3:

Marginal note:Director of Public Prosecutions

16.31 Subject to section 541 of the Canada Elections Act, the Director of Public Prosecutions may refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of the functions of the Commissioner of Canada Elections under the Canada Elections Act.

R.S., c. E-3Electoral Boundaries Readjustment Act

Marginal note:2011, c. 26, s. 11

 Subsection 25(3) of the Electoral Boundaries Readjustment Act is replaced by the following:

  • Marginal note:Returning officers and electoral district associations

    (3) For the purpose of authorizing and enabling, whenever required, the appointment of returning officers under section 24 of the Canada Elections Act or the registration of electoral district associations under subsection 469(4) of that Act, the representation order is deemed to be effective on the day on which the proclamation under subsection (1) is issued.

R.S., c. F-11Financial Administration Act

 Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:

  • The portion of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions

    Le secteur de l’administration publique fédérale faisant partie du Bureau du directeur des poursuites pénales dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste

R.S., c. 1 (5th Supp.)Income Tax Act

 Paragraph 230.1(1)(a) of the Income Tax Act is replaced by the following:

  • (a) in the case of an agent other than an official agent of a candidate, the address recorded in the registry of political parties or of electoral district associations referred to in the Canada Elections Act; and

2006, c. 9, s. 121Director of Public Prosecutions Act

 Subsection 3(2) of the Director of Public Prosecutions Act is replaced by the following:

  • Marginal note:Rank and status

    (2) Subject to subsections 509.1(2) and (3) of the Canada Elections Act, the Director has the rank and status of a deputy head of a department.

 Subsection 6(4) of the Act is replaced by the following:

  • Marginal note:Other powers, duties and functions

    (4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament, except for the powers under subsection 509(1) of the Canada Elections Act.

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

Marginal note:Annual report
  • 16. (1) The Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director in the immediately preceding fiscal year.

  • Marginal note:Commissioner of Canada Elections

    (1.1) In addition, the report shall include a section, provided by the Commissioner of Canada Elections, on his or her activities under the Canada Elections Act in that fiscal year. The Commissioner shall not include the details of any investigation.

COORDINATING AMENDMENTS

Marginal note:This Act

 On the first day on which both sections 5 and 76 are in force,

  • (a) subsections 16.1(1) and (2) of the Canada Elections Act are replaced by the following:

    Marginal note:Guidelines and interpretation notes
    • 16.1 (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act — other than Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

    • Marginal note:Application

      (2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

  • (b) subsection 16.2(1) of the Canada Elections Act is replaced by the following:

    Marginal note:Application for written opinion
    • 16.2 (1) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to an activity or practice that the registered party or a registered association, nomination contestant, candidate or leadership contestant of the registered party proposes to engage in.

Marginal note:This Act

 On the first day on which both sections 13 and 108 are in force, paragraph 509(3)(e) of the Canada Elections Act is replaced by the following:

  • (e) an election officer referred to in any of paragraphs 22(1)(a) to (b).

Marginal note:This Act

 On the first day on which both sections 76 and 86 are in force,

  • (a) subsection 2(6) of the Canada Elections Act is replaced by the following:

    • Definition of “polling day”

      (6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Parts 16.1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, “polling day” means the day that the writ is withdrawn or deemed to be withdrawn.

  • (b) subsection 426(2) of the Canada Elections Act is replaced by the following:

    • Marginal note:Prohibition — incurring expenses

      (2) Subject to section 348.02, no person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.

  • (c) subsection 475(2) of the Canada Elections Act is replaced by the following:

    • Marginal note:Prohibition — incurring expenses

      (2) Subject to section 348.02, no person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.

  • (d) subsection 476.66(5) of the Canada Elections Act is replaced by the following:

    • Marginal note:Prohibition — incurring nomination campaign expenses

      (5) Subject to section 348.02, no person or entity, other than the nomination contestant or their financial agent, shall incur the contestant’s nomination campaign expenses.

 
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