Canada Elections Act (S.C. 2000, c. 9)

Act current to 2016-06-06 and last amended on 2015-01-01. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2014, c. 12, s. 4

    • 4. Paragraph 16(d) of the Act is replaced by the following:

      • (d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act, other than Division 1.1 of Part 16.1.

  • — 2014, c. 12, s. 76

    • 76. The Act is amended by adding the following after section 348.01:

      Division 1.1Provision of Voter Contact Calling Services

      Agreements Relating to Voter Contact Calling Services

      • Prohibition — entering into agreement with calling service provider

        348.02 A person or group shall not enter into an agreement with a calling service provider for voter contact calling services unless

        • (a) the person or group is a registered party, a registered association, a nomination contestant or a registered third party, or an unregistered third party that is a corporation or group, and the agreement is entered into on behalf of the person or group by the person’s or group’s official representative;

        • (b) the person is a candidate and the agreement is entered into in their own name or on their behalf by their official representative or by a person that their official representative has so authorized in writing; or

        • (c) the person is an unregistered third party who is an individual and the agreement is entered into in their own name.

      • Obligation to inform

        348.03 Before a person enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, the person shall inform the calling service provider that the agreement is for voter contact calling services and shall provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

      • Obligation to obtain identification information
        • 348.04 (1) Before a calling service provider enters into an agreement with a person or group to provide voter contact calling services, the calling service provider shall obtain from the person who is to enter into the agreement, either in their own name or on behalf of the person or a group, their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

        • Obligation to keep identification information

          (2) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.

      • Obligation to confirm nature of services
        • 348.05 (1) A calling service provider that enters into an agreement to make calls for or on behalf of a person or group shall, before the first call is made under the agreement during an election period, ask the person or group whether the making of calls under the agreement would constitute voter contact calling services.

        • Obligation to authorize, etc.

          (2) If the making of calls under the agreement does constitute voter contact calling services, a person who is authorized under section 348.02 to enter into an agreement for voter contact calling services with respect to the person or group in question shall, before the first call is made, authorize the provision of voter contact calling services under the agreement and provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

        • Obligation to obtain identification information

          (3) If the making of calls under the agreement does constitute voter contact calling services, the calling service provider shall, before the first call is made, obtain from the person who provides the authorization in accordance with subsection (2) that person’s name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains that person’s name.

        • Obligation to keep identification information

          (4) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.

      Filing Obligations — Registration Notices

      • Obligation to file registration notice
        • 348.06 (1) A calling service provider that, in accordance with an agreement, provides voter contact calling services shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

        • Time for filing and contents

          (2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out

          • (a) the calling service provider’s name;

          • (b) the name of the person or group with which the calling service provider has entered into the agreement; and

          • (c) the type of calls to be made under the agreement.

      • Obligation to file registration notice — agreement
        • 348.07 (1) A person who enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, or a person who provides an authorization of the provision of voter contact calling services under an agreement in accordance with subsection 348.05(2), as the case may be, shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

        • Time for filing and contents

          (2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out

          • (a) the calling service provider’s name;

          • (b) the name of the person or group with which the calling service provider has entered into the agreement; and

          • (c) the type of calls to be made under the agreement.

        • Obligation to provide copy of identification document

          (3) The person who files the registration notice shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

        • Deeming

          (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.

      • Obligation to file registration notice — live voice calls
        • 348.08 (1) If, 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’s official representative shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

        • Time for filing and contents

          (2) The registration notice shall be filed not later than 48 hours after the first live voice call is made and shall set out

          • (a) the third party’s name;

          • (b) the name, address and telephone number of the official representative; and

          • (c) a statement that the third party is making live voice calls.

        • Obligation to provide copy of identification document

          (3) The official representative shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

        • Deeming

          (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.

      • Obligation to file registration notice — other calls
        • 348.09 (1) If, 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 official representative of the person or group — or the person themselves, if the person is an unregistered third party who is an individual — shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

        • Time for filing and contents

          (2) The registration notice shall be filed not later than 48 hours after the first call is made and shall set out

          • (a) the name of the person or group;

          • (b) the name, address and telephone number of the official representative or individual; and

          • (c) a statement that the person or group is making calls by means of an automatic dialing-announcing device.

        • Obligation to provide copy of identification document

          (3) The official representative or individual shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

        • Deeming

          (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.

      Role of the Canadian Radio-television and Telecommunications Commission

      • Administration and enforcement
        • 348.1 (1) The Canadian Radio-television and Telecommunications Commission is responsible for the administration and enforcement of this Division.

        • Telecommunications Act

          (2) The administration and enforcement of this Division are to be carried out under Part V of the Telecommunications Act.

      • Registry

        348.11 The Canadian Radio-television and Telecommunications Commission is responsible for establishing and maintaining a registry, to be known as the Voter Contact Registry, in which all documents provided to it under sections 348.06 to 348.09 are to be kept.

      • Publication

        348.12 As soon as feasible after the expiry of 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.

      • Delegation
        • 348.13 (1) The Canadian Radio-television and Telecommunications Commission may, in writing and on any terms it specifies, delegate to any person any of the powers, duties and functions referred to in sections 348.11 and 348.12.

        • Revocation

          (2) The Commission may, in writing, revoke a delegation made under subsection (1).

      • Authorization of types of identification

        348.14 The Canadian Radio-television and Telecommunications Commission may authorize the types of pieces of identification and of copies of such pieces of identification for the purposes of sections 348.03 to 348.05 and 348.07 to 348.09.

      • Disclosure to Commissioner

        348.15 The Canadian Radio-television and Telecommunications Commission shall, on the request of the Commissioner, disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.

  • — 2014, c. 12, s. 153

    • This Act

      153. 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:

        • 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.

          • 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:

        • 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.

  • — 2014, c. 12, s. 155

    • This Act

      155. 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:

        • 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:

        • 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:

        • 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.

  • — 2014, c. 12, s. 157

    • This Act

      157. On the first day on which both sections 76 and 108 are in force, section 509.2 of the Canada Elections Act is replaced by the following:

      • Duty

        509.2 The Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced.

  • — 2015, c. 37, s. 2

      • 2. (1) Paragraph 67(4)(c) of the Canada Elections Act is replaced by the following:

        • (c) if applicable, an instrument in writing, signed by the person or persons authorized by the political party to endorse prospective candidates that states that the prospective candidate is endorsed by the party.

      • (2) Section 67 of the Act is amended by adding the following after subsection (4):

        • Report

          (5) The chief agent of every political party shall, in writing, no later than 25 days before polling day, report to the Chief Electoral Officer the names of the person or persons who are authorized by the party to endorse prospective candidates.

  • — 2015, c. 37, s. 3

    • 3. Subsection 383(2) of the Act is replaced by the following:

      • Endorsement of candidates

        (2) A registered party and an eligible party shall include with the statement or report referred to in subsection (1) a statement certified by its chief agent that sets out the names of the person or persons who are authorized by the party to endorse prospective candidates at a general election.

  • — 2015, c. 37, s. 6

    • Bill C-23
      • 6. (1) Subsections (2) and (3) apply if Bill C-23, introduced in the 2nd session of the 41st Parliament and entitled An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts (in this section referred to as the “other Act”), receives royal assent.

      • (2) On the first day on which both section 2 of this Act and section 27 of the other Act are in force, paragraph 67(4)(c) of the Canada Elections Act is replaced by the following:

        • (c) if applicable, an instrument in writing, signed by the person or persons authorized by the political party to endorse prospective candidates that states that the prospective candidate is endorsed by the party.

      • (3) On the first day on which both section 3 of this Act and section 86 of the other Act are in force, subsection 406(2) of the Canada Elections Act is replaced by the following:

        • Endorsement of candidates

          (2) A registered party and an eligible party shall include with the statement or report referred to in subsection (1) a statement certified by its chief agent that sets out the names of the person or persons who are authorized by the party to endorse prospective candidates at a general election.

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