Elections Modernization Act (S.C. 2018, c. 31)

Marginal note:Report on proposed legislative amendments

535 The Chief Electoral Officer shall, as soon as possible after a general election, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of this Act, and that also sets out, separately, any amendments that are set out in the Commissioner’s report under section 537.2.

Report of Commissioner

Marginal note:Annual report

537.1 The Commissioner shall, as soon as possible after the end of each year, publish, in the manner and form that he or she considers appropriate, a report on the activities of his or her office during that year. The Commissioner shall not include the details of any investigation.

Marginal note:Report on proposed legislative amendments

537.2 The Commissioner shall, as soon as possible after a general election, make a report to the Chief Electoral Officer that sets out any amendments that, in the Commissioner’s opinion, are desirable for better compliance with, and the better enforcement of, this Act.

• Marginal note:Institutions

  (5) A returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of two or more institutions where seniors or persons with a disability reside.

• Marginal note:Time

  (2) No amendment to the list of electoral districts set out in Schedule 3 may be made later than seven days after the day on which a representation order comes into force and no such amendment becomes effective until notice of it has been published in the Canada Gazette.

Marginal note:Reference

539.1 In section 540, a reference to the Register of Electors includes a reference to the Register of Future Electors.

Marginal note:Inspection of instructions and other reports

• 541 (1) All documents referred to in section 359, 432, 437, 475.4, 476.75, 477.59 or 478.8, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act and all decisions by him or her on points arising under this Act are public records and may be inspected by any person on request during business hours.

Marginal note:Statements of electors who exercise their right to vote

541.1 The Chief Electoral Officer shall, within 180 days after the return of the writ, make available in electronic form, or in formats that include electronic form, to each candidate and to each registered party that endorsed a candidate in an electoral district a statement, prepared using documents prepared under paragraph 162(i.1), of electors who exercised their right to vote in the electoral district on polling day who can be identified using those documents.

Solemn Declarations and Affidavits

Marginal note:Administration of solemn declarations and affidavits

• 549 (1) Solemn declarations and affidavits referred to in this Act are to be received by the person who by this Act is expressly required to receive them and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, an election officer, a unit election officer as defined in section 177, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking oaths in the province.

• Marginal note:No fees for solemn declaration or affidavit

  (2) All solemn declarations and affidavits received under this Act are to be received free of charge.

• Marginal note:Making false declaration in solemn declaration or affidavit

  (3) No person shall make a false declaration in a solemn declaration or affidavit that is provided for by this Act.

• Marginal note:Compelling or inducing false declaration

  (4) No person shall compel, induce or attempt to compel or induce any other person to make a false declaration in a solemn declaration or affidavit that is provided for by this Act.

Marginal note:Solemn declaration — voting

• 549.1 (1) For the purposes of subsections 143(3) and (3.2), sections 144 and 147 and paragraphs 161(1)(b) and 169(2)(b), the solemn declaration by which an elector proves his or her identity and residence, proves his or her residence only, proves that he or she is qualified as an elector or proves that he or she has not previously voted at the election shall be in the prescribed form, which shall include the statements that

  • (a) the elector resides at the address at which he or she claims to reside;

  • (b) the elector is 18 years of age or older or will be 18 years of age or older on polling day;

  • (c) the elector is a Canadian citizen; and

  • (d) the elector has not previously voted in the election and is not an elector to whom section 235 applies.

• Marginal note:Solemn declaration — vouching for another elector

  (2) For the purposes of paragraph 143(3)(b) and subparagraphs 161(1)(b)(ii) and 169(2)(b)(ii), the solemn declaration by which an elector vouches for another elector shall be in the prescribed form, which shall include the statements that

  • (a) the other elector resides in a polling division assigned to the polling station;

  • (b) to the best of the elector’s knowledge, the other elector has not previously voted at the election;

  • (c) the elector knows the other elector;

  • (d) the elector is a Canadian citizen when the other elector votes;

  • (e) except in a case referred to in subsection 143(3.01), 161(2) or 169(2.01), the elector has not previously vouched for any other elector at the election; and

  • (f) the elector has not been vouched for by another elector at the election.

• (b) the remuneration paid to a person engaged or employed under section 20, any remuneration paid to staff referred to in section 19 for overtime work to enable the Chief Electoral Officer to exercise his or her powers and perform his or her duties and functions under this Act and any administration expenses that are incurred for that purpose;

Judicial Review

Marginal note:When respondent is Chief Electoral Officer

• 555 (1) If an application is made for judicial review of a decision of the Chief Electoral Officer, or of any person to whom the Chief Electoral Officer has delegated any of his or her powers, duties and functions, the Chief Electoral Officer is the respondent in respect of the application.

• Marginal note:When respondent is Commissioner

  (2) If an application is made for judicial review of a decision of the Commissioner, the Commissioner is the respondent in respect of the application.