Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
Marginal note:2014, c. 12, s. 5
10 (1) Subsection 16.2(2) of the Act is replaced by the following:
Marginal note: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 30 days after the day on which the copy is sent.
Marginal note:2014, c. 12, s. 5
(2) Subsection 16.2(4) of the Act is replaced by the following:
Marginal note:Pre-publication
(4) Within 90 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 90-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 90 days after polling day for that election.
Marginal note:2014, c. 12, s. 5
11 Section 16.3 of the Act is replaced by the following:
Marginal note:New interpretation
16.3 If an opinion that is published under subsection 16.2(4) interprets a provision of the Act in a way that contradicts an interpretation of that provision provided in a previously issued opinion, the new interpretation does not replace the former interpretation until the date that the new opinion is issued under section 16.2.
Marginal note:2014, c. 12, s. 5.1
12 Subsection 16.5(1) of the Act is repealed.
Marginal note:2014, c. 12, s. 7
13 Section 17.1 of the Act is repealed.
Marginal note:2014, c. 12, s. 7
14 Subsections 18(1) to (2) of the Act are replaced by the following:
Marginal note:Public education and information programs
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.
Marginal note:Communication with public
(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.
Marginal note:Information outside Canada
(1.2) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.
Marginal note:Communication with electors with a disability
(2) The Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability:
(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 them 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 prove 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.
Marginal note:Communication with future electors with a disability
(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.
Marginal note:2014, c. 12, s. 8
15 Sections 18.01 and 18.1 of the Act are replaced by the following:
Marginal note:International cooperation
18.01 The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.
Marginal note:Voting studies
18.1 (1) The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.
Marginal note:Alternative voting
(2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.
Marginal note:Voting technology — electors with a disability
(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.
Marginal note:Prior approval
(4) Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.
Marginal note:2014, c. 12, s. 8
16 Subsection 18.2(1) of the Act is replaced by the following:
Marginal note: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 in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.
Marginal note:2003, c. 22, s. 102(E)
17 Section 19 of the Act and the heading before it are replaced by the following:
Staff
Marginal note:Staff
19 The staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act.
Marginal note:2014, c. 12, s. 10
18 Subsection 20(2) of the Act is replaced by the following:
Marginal note: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.
19 Section 21 of the Act is replaced by the following:
Marginal note:Delegation
21 The Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.
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 exercise powers or perform duties under this Act;
Marginal note: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 or the Referendum Act, or a regulation made under the Referendum Act, or under an Act of the legislature of a province, or a regulation made under an Act of the legislature of a province, relating to provincial, municipal or school board elections.
(5) Subsections 22(4) and (5) of the Act are replaced by the following:
Marginal note:Qualifications
(4) An election officer must be qualified as an elector, and an election officer referred to in paragraph (1)(a.1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.
Marginal note:Election officers younger than 18
(5) Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.
21 Section 23 of the Act is replaced by the following:
Marginal note:Solemn declaration
23 (1) Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.
Marginal note:Prohibition
(2) No election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.
Marginal note:Sending of solemn declarations
(3) The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.
Marginal note: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 exercising their powers or performing their duties under this Act;
(b) fails to competently exercise a field liaison officer’s powers or competently perform 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
Marginal note: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 the exercise of their powers or 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 exercising his or her powers or performing his or her duties under this Act;
(b) fails to competently exercise a returning officer’s power or competently perform a returning officer’s 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 of his or her powers or the performance of his or her duties under this Act.
Marginal note:2014, c. 12, s. 14(2)
(3) Subsections 24(8) and (9) of the Act are replaced by the following:
Marginal note:Temporary suspension
(8) 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 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.
24 Subsection 26(1) of the Act is replaced by the following:
Marginal note:Assistant returning officer
26 (1) Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.
Marginal note:2014, c. 12, s. 15
25 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 exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.
Marginal note:2006, c. 9, s. 176; 2014, c. 12, s. 16(1) and 16(2)(F)
26 Subsections 28(3.01) and (3.1) of the Act are replaced by the following:
Marginal note:Designated person to act — suspension of returning officer
(3.01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month 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, exercise the powers and perform the duties of a returning officer in relation to that election.
Marginal note:Designated person to act — absence of returning and assistant returning officers
(3.1) If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, 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, exercise the powers and 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:
Marginal note: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 with the Chief Electoral Officer’s prior approval.
(2) Subsection 29(4) of the Act is replaced by the following:
Marginal note: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.
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