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Fair Elections Act (S.C. 2014, c. 12)

Assented to 2014-06-19

 The Act is amended by adding the following after section 18.2:

Marginal note:Signature

18.3 A requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer authorizes.

 Section 20 of the Act is replaced by the following:

Marginal note:Technical assistance
  • 20. (1) The Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses.

  • Marginal note:Casual and temporary staff

    (2) Any additional officers, clerks and 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.

 The Act is amended by adding the following after section 21:

Advisory Committee of Political Parties

Marginal note:Establishment
  • 21.1 (1) A committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader.

  • Marginal note:Purpose

    (2) The purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing.

  • Marginal note:Advice and recommendations not binding

    (3) The committee’s advice and recommendations are not binding on the Chief Electoral Officer.

  • Marginal note:Meetings

    (4) The committee shall meet at least once a year and its meetings shall be presided over by the Chief Electoral Officer.

  •  (1) Paragraph 22(1)(a) of the Act is replaced by the following:

    • (a) field liaison officers appointed under section 23.2;

    • (a.1) returning officers appointed under subsection 24(1);

  • (2) Subsection 22(1) of the Act is amended by adding the following after paragraph (g):

    • (g.1) persons appointed under section 32.1;

 The Act is amended by adding the following after section 23:

Marginal note:Unsolicited calls

23.1 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.

Field Liaison Officers

Marginal note:Appointment of field liaison officers
  • 23.2 (1) The Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.

  • Marginal note:Qualifications

    (2) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as field liaison officers and shall establish for field liaison officers an external appointment process as defined in subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (9).

  • Marginal note:Meaning of merit

    (3) The appointment of a person as a field liaison officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

    • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

    • (b) any current or future operational requirements.

  • Marginal note:Period of appointment

    (4) A field liaison officer shall be appointed for the period determined by the Chief Electoral Officer.

  • Marginal note:Re-appointment

    (5) The Chief Electoral Officer may re-appoint any field liaison officer who has performed the functions of a field liaison officer in a satisfactory manner, regardless of whether or not other persons are considered for the appointment.

  • Marginal note:Continuation in office

    (6) A field liaison officer may, with the Chief Electoral Officer’s approval, continue in office after the expiry of the period referred to in subsection (4) until the field liaison officer is re-appointed or another person is appointed to the office.

  • Marginal note:Responsibilities

    (7) A field liaison officer is responsible, under the Chief Electoral Officer’s general direction, in respect of the geographical area to which they are assigned, for

    • (a) providing support to returning officers;

    • (b) acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; and

    • (c) on the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.

  • Marginal note:No partisan conduct

    (8) No field liaison officer shall knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.

  • Marginal note:Removal from office

    (9) The Chief Electoral Officer may remove from office any field liaison officer who

    • (a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing their duties and functions under this Act;

    • (b) fails to discharge competently a field liaison officer’s duties and functions under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

    • (c) contravenes subsection (8), whether or not the contravention occurs in the performance of their duties and functions under this Act.

Marginal note:2003, c. 19, s. 2
  •  (1) Subsection 24(6) of the Act is replaced by the following:

    • Marginal note:No partisan conduct

      (6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.

  • (2) Section 24 of the Act is amended by adding the following after subsection (7):

    • Marginal note:Temporary suspension

      (8) During an election period, the Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).

    • Marginal note:Duration of suspension

      (9) The period of suspension expires on the day that is 120 days after the end of the election period, or at the end of any shorter period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.

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

Marginal note: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 perform any of the duties or functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 63 and 67, subsections 71(1) and 72(1), sections 74, 77, 103, 104, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

  •  (1) Section 28 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Designated person to act

      (3.01) If a returning officer is under suspension during an election period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, perform the duties and functions of a returning officer in relation to that election.

  • Marginal note:2006, c. 9, s. 176

    (2) Subsection 28(3.1) of the French version of the Act is replaced by the following:

    • Marginal note:Exercice de l’intérim par une autre personne

      (3.1) En cas d’absence ou d’empêchement du directeur du scrutin et du directeur adjoint du scrutin, ou de vacance simultanée de leurs postes, pendant la période électorale, le directeur général des élections désigne une personne pour assurer l’intérim à l’égard de l’élection, tant pendant qu’après cette période.

 The Act is amended by adding the following after section 32:

Marginal note:Additional election officers

32.1 After the issue of the writ, a returning officer may, with the Chief Electoral Officer’s approval, in the prescribed form, appoint any other person whose attendance is, in the returning officer’s opinion, necessary for the conduct of the vote or the counting of the votes at a polling station or an advance polling station, and may assign to that person any duties or functions that the returning officer considers to be appropriate.

 Subsection 34(1) of the Act is replaced by the following:

Marginal note:Deputy returning officers
  • 34. (1) Each deputy returning officer referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished first in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.

 

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