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

Full Document:  

Act current to 2020-01-27 and last amended on 2019-05-11. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2018, c. 31, s. 2, as amended by 2018, c. 31, s. 399

      • 2 (1) [Repealed, 2018, c. 31, s. 399]

      • 2007, c. 21, s. 1; 2014, c. 12, s. 2(7)

        (2) The definitions capital asset, election officer, polling day, prescribed and Register of Electors in subsection 2(1) of the Act are replaced by the following:

        capital asset

        capital asset means any property with a commercial value of more than $200 that

        • (a) in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;

        • (b) in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and

        • (c) in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest. (bien immobilisé)

        election officer

        election officer means a person referred to in subsection 22(1) or appointed under section 32. (fonctionnaire électoral)

        polling day

        polling day [In force]

        prescribed

        prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. (prescrit)

        Register of Electors

        Register of Electors [In force]

      • (3) Paragraph (b) of the definition election documents in subsection 2(1) of the Act is replaced by the following:

        • (b) the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;

      • 2001, c. 21, s. 1(2)(E); 2014, c. 12, s. 2(4)

        (4) The definition election documents in subsection 2(1) of the Act is amended by striking out “and” at the end of paragraph (e) and by replacing paragraphs (f) and (g) with the following:

        • (f) the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, including

          • (i) stubs and unused ballot papers,

          • (ii) ballot papers cast for the various candidates,

          • (iii) spoiled ballot papers,

          • (iv) rejected ballot papers,

          • (v) the list of electors used at the polling station, advance polling station or returning officer’s office,

          • (vi) written authorizations of candidates’ representatives,

          • (vii) used transfer certificates, if any, and

          • (viii) registration certificates; and

        • (g) the prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector. (documents électoraux)

      • (5) Paragraph (a) of the definition spoiled in subsection 2(1) of the Act is replaced by the following:

        • (a) one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; or

      • (6) [In force]

      • (7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

        election advertising

        election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

        • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

        • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

        • (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

        • (d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

        • (e) the making of telephone calls to electors only to encourage them to vote. (publicité électorale)

        election advertising expense

        election advertising expense means an expense incurred in relation to

        • (a) the production of an election advertising message; and

        • (b) the transmission of an election advertising message to the public. (dépenses de publicité électorale)

        election survey

        election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated. (sondage électoral)

        future elector

        future elector [In force]

        National Capital Region

        National Capital Region [In force]

        partisan advertising

        partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

        • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

        • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

        • (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

        • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

        • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

        • (f) the making of telephone calls to electors only to encourage them to vote. (publicité partisane)

        partisan advertising expense

        partisan advertising expense means an expense incurred in relation to

        • (a) the production of a partisan advertising message; and

        • (b) the transmission of a partisan advertising message to the public. (dépenses de publicité partisane)

        potential candidate

        potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who

        • (a) is selected in a nomination contest;

        • (b) is deemed to be a candidate under section 477;

        • (c) is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or

        • (d) has the support of a political party to be a candidate of that party. (candidat potentiel)

        pre-election period

        pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.1(2) for the holding of a general election and ending on the day before the earlier of

        • (a) the first day of an election period for a general election, and

        • (b) the 37th day before the Monday referred to in subsection 56.1(2) or, if the Governor in Council makes an order under subsection 56.2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)

        Register of Future Electors

        Register of Future Electors [In force]

      • 2014, c. 12, s. 2(8)

        (8) The portion of subsection 2(1.1) of the Act before paragraph (a) is replaced by the following:

        • Commercial value of capital assets

          (1.1) For the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower of

      • (9) [In force]

      • (10) Section 2 of the Act is amended by adding the following after subsection (6):

        • Definitions of election advertising and partisan advertising

          (7) For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes

          • (a) in relation to a registered party or eligible party,

            • (i) naming it,

            • (ii) identifying it, including by its logo, and

            • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

          • (b) in relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,

            • (i) naming him or her,

            • (ii) showing a photograph, cartoon or drawing of him or her,

            • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

            • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

  • — 2018, c. 31, s. 3

    • 3 Sections 3 to 5 of the Act are replaced by the following:

      • Persons qualified as electors

        3 Every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.

  • — 2018, c. 31, s. 4

    • 4 Section 7 of the Act is repealed.

  • — 2018, c. 31, s. 6

      • 6 (1) The portion of section 10 of the Act before paragraph (a) is replaced by the following:

        • Former member candidates and electors living with them
          • 10 (1) Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, the polling division in which is located

      • (2) Subsection 10(1) is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (c) and by repealing paragraphs (b) and (d).

      • (3) Section 10 of the Act is amended by adding the following after subsection (1):

        • Former member candidates and electors living with them — notice to returning officer

          (2) If a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division in

          • (a) the electoral district in which the former member is a candidate; or

          • (b) the electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.

  • — 2018, c. 31, s. 20

      • 20 (1) [In force]

      • 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) [In force]

      • (5) Subsections 22(4) and (5) of the Act are replaced by the following:

        • 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.

        • 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.

  • — 2018, c. 31, s. 21

    • 21 Section 23 of the Act is replaced by the following:

      • 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.

        • 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.

        • 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.

  • — 2018, c. 31, s. 24

    • 24 Subsection 26(1) of the Act is replaced by the following:

      • 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.

  • — 2018, c. 31, s. 25

    • 2014, c. 12, s. 15

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

      • 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.

  • — 2018, c. 31, s. 27

      • 27 (1) Subsection 29(2) of the Act is replaced by the following:

        • 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:

        • 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.

  • — 2018, c. 31, s. 29

    • 2001, c. 21, s. 3(E); 2014, c. 12, ss. 17 to 21

      29 The heading “General” before section 32 and sections 32 to 39 of the Act are replaced by the following:

      • Election officers
        • 32 (1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.

        • Appointment before issue of writ

          (2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

        • Maximum number of election officers appointed

          (3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

      • Solicitation of names
        • 33 (1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.

        • Persons whose names are provided to be appointed

          (2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

        • Proportional distribution

          (3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

        • Removal or replacement

          (4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.

        • Lists of election officers

          (5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.

        • Identification

          (6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

      • Refusal to appoint
        • 37 (1) A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.

        • Recommendation of another person

          (2) If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.

      • Record of election officers’ powers and duties

        38 A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.

      • Election officers

        39 An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.

  • — 2018, c. 31, s. 31

    • 31 Section 42 of the Act is replaced by the following:

      • Attribution of votes for appointments

        42 For the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,

        • (a) the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and

        • (b) that candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.

  • — 2018, c. 31, s. 37

    • 2007, c. 21, s. 5

      37 Subsection 45(1) of the Act is replaced by the following:

      • Lists to members and registered parties
        • 45 (1) By November 15 in each year, the Chief Electoral Officer shall make available to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.

  • — 2018, c. 31, s. 50

    • 50 Paragraph 61(2)(b) of the Act is replaced by the following:

      • (b) make a solemn declaration in the prescribed form; and

  • — 2018, c. 31, s. 51

    • 51 Subsection 64(3) of the Act is replaced by the following:

      • Notice to election officers

        (3) The returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.

  • — 2018, c. 31, s. 52

      • 52 (1) Paragraph 65(a) of the French version of the Act is replaced by the following:

        • a) les personnes qui n’ont pas qualité d’électeur le jour où leur acte de candidature est déposé;

      • (2) Paragraphs 65(d) and (e) of the Act are replaced by the following:

        • (e) the Chief Electoral Officer;

  • — 2018, c. 31, s. 53

      • 53 (1) The portion of paragraph 66(1)(a) of the Act before subparagraph (i) is replaced by the following:

        • (a) a solemn declaration, in the prescribed form, made by the prospective candidate of

      • (2) Paragraph 66(1)(a) of the Act is amended by adding the following after subparagraph (i):

        • (i.1) any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),

      • 2014, c. 12, s. 26(1)

        (3) Subparagraph 66(1)(a)(iv) of the Act is replaced by the following:

        • (iv) the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2);

      • (4) [In force]

      • (5) Paragraph 66(1)(a) of the Act is amended by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):

        • (vi) if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;

      • (6) Paragraphs 66(1)(b) and (c) of the Act are replaced by the following:

        • (b) a statement signed by the prospective candidate consenting to the nomination;

      • (7) Subsection 66(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

        • (h) if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).

      • 2014, c. 12, ss. 26(2)(F) and (3)

        (8) Subsections 66(2) to (4) of the Act are replaced by the following:

        • Particulars of candidates — name

          (2) For the purpose of subparagraphs (1)(a)(i) and (i.1), the name shall not include any title, degree or other prefix or suffix.

        • Particulars of candidates — occupation

          (3) For the purpose of subparagraph (1)(a)(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.

        • Witness ensures signatures are local electors’

          (4) A witness to a signature referred to in paragraph (1)(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.

  • — 2018, c. 31, s. 54

    • 2015, c. 37, ss. 2(2) and 6(2)

      54 Section 67 of the Act is replaced by the following:

      • Filing of nomination paper
        • 67 (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.

        • Proof of identity — prospective candidate

          (2) A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:

          • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

          • (b) two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

        • Authorized types of identification

          (3) The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.

        • Name prospective candidate commonly known by — documents

          (4) If a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.

        • Authorized types of documents

          (5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).

        • Auditor’s consent

          (6) If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.

        • Authorized person

          (7) A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).

        • Proof of identity — authorized person

          (8) A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:

          • (a) a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

          • (b) a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

  • — 2018, c. 31, s. 55

    • 55 Section 68 of the Act is amended by adding the following after subsection (2):

      • Names of endorsed candidates

        (3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with

        • (a) the name of every prospective candidate who has been endorsed by the party;

        • (b) the electoral district in which the prospective candidate intends to be a candidate; and

        • (c) the name of the person or persons who endorsed the prospective candidate on the party’s behalf.

      • Information to returning officers

        (4) As soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).

  • — 2018, c. 31, s. 56

      • 56 (1) Subsection 70(2) of the French version of the Act is replaced by the following:

        • Clôture des candidatures

          (2) Un acte de candidature ne peut être reçu de quiconque entre au bureau du directeur du scrutin après 14 h le jour de clôture.

      • (2) Subsection 70(3) of the Act is replaced by the following:

        • Designated filing place

          (3) The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:

          • (a) the nomination paper;

          • (b) the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b);

          • (c) the documents referred to in subsection 67(4);

          • (d) the statement referred to in subsection 67(6); and

          • (e) the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b).

  • — 2018, c. 31, s. 57

      • 57 (1) Paragraph 71(2)(a) of the Act is replaced by the following:

        • (a) that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;

        • (a.1) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be;

      • (2) Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

        • (c) that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate.

  • — 2018, c. 31, s. 58

    • 58 The Act is amended by adding the following after section 71:

      • Name prospective candidate commonly known by — determination
        • 71.1 (1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.

        • Confusion with name of political party — determination

          (2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.

        • Name to appear on ballot

          (3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless

          • (a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or

          • (b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.

        • Clarification

          (4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).

        • Notice of name to appear on ballot

          (5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.

  • — 2018, c. 31, s. 60

    • 60 Subsection 73(1) of the Act is replaced by the following:

      • Electronic filing
        • 73 (1) A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.

        • Proof of identity

          (1.1) If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).

  • — 2018, c. 31, s. 62

    • 2007, c. 21, s. 13

      62 Subsections 93(1) and (1.1) of the Act are replaced by the following:

      • Preliminary lists and information to returning officer
        • 93 (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall make it available to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.

        • Preliminary lists to parties

          (1.1) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued.

  • — 2018, c. 31, s. 63

    • 63 Section 94 of the Act is replaced by the following:

      • Preliminary lists to candidates

        94 Each returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.

  • — 2018, c. 31, s. 64

      • 64 (1) Paragraphs 95(1)(a) and (b) of the Act are replaced by the following:

        • (a) are incarcerated electors as defined in section 177;

      • (2) Paragraph 95(2)(a) of the Act is replaced by the following:

        • (a) the address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;

      • (3) Paragraphs 95(3)(b) and (c) of the Act are replaced by the following:

        • (b) requires a polling station that is in premises that are accessible to electors with a disability, which his or her polling station is not; or

        • (c) is unable to attend at a polling station because of a disability.

  • — 2018, c. 31, s. 65

    • 2014, c. 12, s. 34

      65 Sections 97 and 98 of the Act are replaced by the following:

      • Election officers who are designated to receive applications
        • 97 (1) The returning officer, assistant returning officer and other election officers for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.

        • Applications for addition, correction or deletion

          (2) All applications referred to in subsection (1) that are received by election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

      • Revision offices

        98 The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall be in premises that are accessible to electors with a disability.

  • — 2018, c. 31, s. 66

    • 66 Section 100 of the Act is replaced by the following:

      • Election officers to act in pairs
        • 100 (1) Election officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

        • Disagreement between election officers

          (2) In case of disagreement between members of a pair, the two election officers shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.

  • — 2018, c. 31, s. 67

    • 2007, c. 21, s. 16(1)

      67 Paragraph 101(1)(d) of the Act is replaced by the following:

      • (d) the elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

  • — 2018, c. 31, s. 69

    • 2007, c. 21, s. 17

      69 Section 104.1 of the Act is replaced by the following:

      • Lists to candidates

        104.1 Each returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.

      • Lists to registered parties

        104.2 The Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.

  • — 2018, c. 31, s. 70

    • 2014, c. 12, ss. 36 and 37

      70 Sections 106 and 107 of the Act are replaced by the following:

      • Official list of electors

        106 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.

      • Form of lists
        • 107 (1) The revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.

        • Lists to election officers

          (2) Each returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.

        • Lists to candidates

          (3) Each returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.

        • Lists to registered parties

          (4) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.

  • — 2018, c. 31, s. 71

    • 71 Subsection 108(2) of the Act is repealed.

  • — 2018, c. 31, s. 72

    • 2001, c. 21, s. 11

      72 Subsections 109(2) and (3) of the Act are replaced by the following:

      • Lists to member and parties

        (2) The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.

  • — 2018, c. 31, s. 73

    • 2007, c. 21, s. 19; 2014, c. 12, s. 38

      73 Section 110 of the Act is replaced by the following:

      • Registered parties
        • 110 (1) A registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

        • Eligible parties

          (1.1) An eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

        • Members

          (2) A member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists for

          • (a) communicating with his or her electors; and

          • (b) if the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.

        • Candidates

          (3) A candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.

  • — 2018, c. 31, s. 75

    • 75 The heading before section 112 of the Act is replaced by the following:

      List of Election Officers

  • — 2018, c. 31, s. 76

    • 76 Subsection 112(1) of the Act is replaced by the following:

      • List of election officers to candidates
        • 112 (1) A returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.

  • — 2018, c. 31, s. 77

    • 77 Section 113 of the Act is replaced by the following:

      • Delivery to returning officers

        113 The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.

  • — 2018, c. 31, s. 78

    • 78 Subsection 114(2) of the Act is replaced by the following:

      • Material of ballot box

        (2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and other election officers to be affixed.

  • — 2018, c. 31, ss. 80(1), (2)

      • 80 (1) Subsection 117(1) of the Act is replaced by the following:

        • Information on the ballot
          • 117 (1) Ballots shall contain the names of candidates referred to in subparagraph 66(1)(a)(i) or (i.1), as the case may be, and taken from their nomination papers, arranged alphabetically.

      • 2001, c. 21, s. 12

        (2) Paragraph 117(2)(b) of the Act is replaced by the following:

        • (b) the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and

  • — 2018, c. 31, s. 81

    • 81 The heading before section 119 of the Act is replaced by the following:

      Provision of Election Materials to Election Officers

  • — 2018, c. 31, s. 82

      • 82 (1) The portion of subsection 119(1) of the Act before paragraph (c) is replaced by the following:

        • Materials to be provided to election officers
          • 119 (1) Before voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district with

            • (a) enough ballots for at least the number of electors on the official list of electors for the polling station;

            • (b) a statement showing the number of ballots that are provided, with their serial numbers;

      • (2) Paragraph 119(1)(f) of the French version of the Act is replaced by the following:

        • f) la liste électorale officielle à utiliser au bureau de scrutin, qu’il place si possible dans l’urne avec les bulletins de vote et autres accessoires;

      • (3) Subsection 119(2) of the Act is replaced by the following:

        • Safekeeping of election materials

          (2) Until the opening of the poll, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure the safekeeping of those materials and to prevent any person from having unlawful access to them.

  • — 2018, c. 31, s. 83

    • 83 Section 120 of the Act and the heading before it are replaced by the following:

      Polling Stations

      • Establishment of polling stations

        120 Each returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.

  • — 2018, c. 31, s. 84

    • 84 Subsections 121(1) to (3) of the Act are replaced by the following:

      • Accessibility
        • 121 (1) A polling station shall be in premises that are accessible to electors with a disability.

        • Exception

          (2) If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.

        • Voting compartments

          (3) Each polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

  • — 2018, c. 31, s. 85

    • 85 Subsections 122(1) and (2) of the Act are replaced by the following:

      • Polling station in school or other public building

        (2) Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building.

  • — 2018, c. 31, s. 86

    • 2014, c. 12, s. 42

      86 Sections 123 and 124 of the Act are repealed.

  • — 2018, c. 31, s. 87

    • 2014, c. 12, s. 43

      87 Section 125.1 of the Act is replaced by the following:

      • Information — location of polling stations
        • 125.1 (1) The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.

        • Notification of change — on or before 5th day before polling day

          (2) If, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.

        • Electoral district maps — electronic format

          (2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.

        • Notification of change — after 5th day before polling day

          (3) If, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.

  • — 2018, c. 31, s. 88

      • 88 (1) Paragraphs 135(1)(a) and (b) of the Act are replaced by the following:

        • (a) any field liaison officer;

        • (b) the returning officer, his or her representatives and any member of his or her staff whom he or she authorizes to be present;

        • (b.1) any election officer whom the returning officer authorizes to be present;

      • 2014, c. 12, s. 44(1)

        (2) Paragraphs 135(1)(g) and (h) of the Act are replacing by the following:

        • (h) if a polling division of an electoral district in which a registered party’s leader is a candidate is assigned to the polling station, any media representative who — subject to any conditions that the Chief Electoral Officer considers necessary to protect the integ­rity of the vote and the privacy of any person present at the polling station — is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any audio or video recording of the candidates as they cast their votes; and

        • (i) the auditor referred to in section 164.1.

      • 2014, c. 12, s. 44(2)

        (3) Subsections 135(2) to (5) of the Act are replaced by the following:

        • Delivery of representative’s authorization

          (2) When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form, or a copy of it, to an election officer who is assigned to the polling station.

        • Representative authorized in writing

          (3) A representative bearing a written authorization referred to in subsection (2), or a copy of one, is a representative of the candidate for the purposes of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate.

        • Solemn declaration

          (4) Each representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall make a solemn declaration in the prescribed form.

        • Solemn declaration

          (5) A candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, make a solemn declaration in the prescribed form before an election officer who is assigned to that polling station. The representative is not required to make another solemn declaration on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already made the solemn declaration.

  • — 2018, c. 31, s. 89

    • 89 Subsection 136(2) of the Act is replaced by the following:

      • Representatives may absent themselves from poll

        (2) A representative of a candidate, or an elector described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent, or a copy of one, or to make another solemn declaration.

  • — 2018, c. 31, s. 90

      • 90 (1) Subsection 138(1) of the Act is replaced by the following:

        • Initialling ballots
          • 138 (1) Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, an election officer who is assigned to the polling station shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

      • (2) Subsections 138(2) and (3) of the French version of the Act are replaced by the following:

        • Interdiction de défaire le carnet

          (2) Le fonctionnaire électoral appose son paraphe sans détacher le bulletin de vote du carnet.

        • Cas de manque de temps

          (3) L’apposition du paraphe ne peut avoir pour effet de retarder l’ouverture du scrutin; s’il n’a pas paraphé tous les bulletins de vote à l’heure d’ouverture, le fonctionnaire électoral le fait dans les meilleurs délais, avant de remettre les bulletins aux électeurs.

  • — 2018, c. 31, s. 91

    • 91 The portion of section 140 of the Act before paragraph (a) is replaced by the following:

      • Examining and sealing ballot box

        140 When the polling station opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

  • — 2018, c. 31, s. 92

    • 92 Sections 141 and 142 of the Act are replaced by the following:

      • Calling electors

        141 Immediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote.

      • Electors not to be impeded

        142 An election officer who is assigned to the polling station shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

  • — 2018, c. 31, s. 93

    • 2007, c. 21, s. 21
      • 93 (1) Subsection 143(1) of the Act is replaced by the following:

        • Elector to give name and address
          • 143 (1) Each elector, in order to receive a ballot, shall give his or her name and address to an election officer who is assigned to the polling station, and, on request, to a candidate or a candidate’s representative.

      • 2014, c. 12, s. 46(1)

        (2) The portion of subsection 143(2) of the Act before paragraph (a) is replaced by the following:

        • Proof of identity and residence

          (2) If the election officer determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide the election officer with the following proof of his or her identity and residence:

      • (3) [In force]

      • 2014, c. 12, s. 46(3)

        (4) Subsection 143(2.1) of the Act is replaced by the following:

        • Authorized types of identification

          (2.1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document may be authorized, regardless of who issued it.

      • 2014, c. 12, s. 46(4)

        (5) Subsection 143(3) of the Act is replaced by the following:

        • Solemn declaration

          (3) An elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and who

          • (a) provides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

          • (b) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

        • Vouching for electors in long-term care institution

          (3.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.

        • Definition of employee

          (3.02) In subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

      • 2007, c. 37, s. 1

        (6) Subsection 143(3.2) of the Act is replaced by the following:

        • Request to make solemn declaration

          (3.2) Despite subsection (3.1), if the election officer referred to in subsection (1), a candidate or a candidate’s representative has reasonable doubts concerning the residence of an elector referred to in subsection (3.1), the officer, candidate or representative may request that the elector make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the elector’s residence is deemed to have been proven only if he or she makes that solemn declaration.

      • 2007, c. 21, s. 21; 2014, c. 12, s. 46(6)

        (7) Subsections 143(4) to (6) of the Act are replaced by the following:

        • Voting

          (4) If the election officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2), (3), (3.1) or (3.2), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

  • — 2018, c. 31, s. 94

    • 2007, c. 21, s. 21; 2014, c. 12, s. 47

      94 Sections 143.1 and 144 of the Act are replaced by the following:

      • Requirement before making solemn declaration — elector
        • 143.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

        • Requirement before making solemn declaration — vouching for elector

          (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

      • Proof of qualification as elector

        144 If the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.

  • — 2018, c. 31, s. 95

    • 2007, c. 21, s. 22; 2014, c. 12, ss. 48 and 49

      95 Sections 146 to 148.1 of the Act are replaced by the following:

      • Name and address corresponding closely to another

        146 If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.

      • Person in whose name another has voted
        • 147 (1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.

        • Requirement before making solemn declaration

          (2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).

      • Name crossed off list in error

        148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.

      • Failure to prove identity or residence
        • 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

        • When elector refuses to make solemn declaration

          (2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

  • — 2018, c. 31, s. 96

    • 2007, c. 21, ss. 23(1)(E), (2) and (3)(E)

      96 Paragraphs 149(a) to (c) of the Act are replaced by the following:

      • (a) the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

      • (b) the elector gives the election officer a registration certificate described in subsection 161(4).

  • — 2018, c. 31, s. 97

    • 97 Section 150 of the Act is replaced by the following:

      • Delivery of ballot to elector
        • 150 (1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.

        • Instructions to elector on receiving ballot

          (2) The election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.

  • — 2018, c. 31, s. 98

      • 98 (1) Paragraph 151(1)(c) of the Act is replaced by the following:

        • (c) fold the ballot as instructed by the election officer; and

      • (2) Paragraph 151(1)(d) of the English version of the Act is replaced by the following:

        • (d) return the ballot to the election officer who provided it.

      • (3) The portion of subsection 151(2) of the Act before paragraph (a) is replaced by the following:

        • Return of ballot

          (2) The election officer shall, on receiving the ballot from the elector,

  • — 2018, c. 31, s. 99

    • 99 Subsection 152(1) of the Act is replaced by the following:

      • Spoiled ballot
        • 152 (1) If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

  • — 2018, c. 31, s. 100

    • 100 Section 154 of the Act is replaced by the following:

      • Assistance by election officer
        • 154 (1) On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.

        • Template

          (2) An election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

  • — 2018, c. 31, ss. 101(2) to (5)

      • 101 (2) Subsection 155(2) of the Act is repealed.

      • 2000, c. 12, par. 40(2)(d)

        (3) The portion of subsection 155(3) of the Act before paragraph (a) is replaced by the following:

        • Solemn declaration

          (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or she

      • 2000, c. 12, par. 40(2)(d)

        (4) Paragraphs 155(3)(a) to (d) of the French version of the Act are replaced by the following:

        • a) marquera le bulletin de vote conformément aux instructions de l’électeur;

        • b) ne divulguera pas le vote de l’électeur;

        • c) ne tentera pas d’exercer une influence sur celui-ci dans son choix;

        • d) n’a pas déjà aidé, lors de l’élection en cours, une autre personne, à titre d’ami, à voter.

      • 2000, c. 12, par. 40(2)(d)

        (5) Subsection 155(4) of the Act is repealed.

  • — 2018, c. 31, s. 102

    • 102 Section 156 of the Act is replaced by the following:

      • Use of interpreter

        156 An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.

  • — 2018, c. 31, s. 103

      • 103 (1) The portion of subsection 157(1) of the Act before paragraph (a) is replaced by the following:

        • Elector who is confined to bed
          • 157 (1) At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall

      • (1.1) Paragraph 157(1)(b) of the French version of the Act is replaced by the following:

        • b) avec l’approbation du responsable de l’établissement, transporter l’urne, les bulletins de vote et les autres documents électoraux nécessaires de chambre en chambre, en vue de recueillir les votes des électeurs alités qui résident habituellement dans la section de vote où se trouve l’établissement.

      • (2) Subsection 157(2) of the Act is replaced by the following:

        • Procedure for taking the votes

          (2) When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

  • — 2018, c. 31, s. 104

    • 104 Subsections 158(2) and (3) of the Act are replaced by the following:

      • Transfer certificate for election officer

        (2) An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.

      • Condition

        (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.

  • — 2018, c. 31, s. 105

    • 2007, c. 21, s. 25

      105 Section 159 of the Act is replaced by the following:

      • Transfer certificate for elector with disability
        • 159 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.

        • Application

          (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

        • Issue of transfer certificate to elector with disability

          (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.

  • — 2018, c. 31, s. 106

      • 106 (1) The portion of section 160 of the Act before paragraph (a) is replaced by the following:

        • Signing, numbering and recording transfer certificate

          160 The election officer who issues a transfer certificate shall

      • (2) Paragraph 160(e) of the Act is replaced by the following:

        • (e) if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

  • — 2018, c. 31, s. 107

    • 2007, c. 21, s. 26(1); 2014, c. 12, s. 50(1)(F)
      • 107 (1) The portion of subsection 161(1) of the Act before paragraph (a) is replaced by the following:

        • Registration in person
          • 161 (1) An elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector

      • 2014, c. 12, s. 50(1.1)

        (2) Paragraph 161(1)(a) of the French version of the Act is replaced by the following:

        • a) soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;

      • 2014, c. 12, s. 50(1.1)

        (3) Paragraph 161(1)(b) of the Act is replaced by the following:

        • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

          • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

          • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

      • (4) Subsections 161(2) and (3) of the Act are replaced by the following:

        • Vouching for electors in long-term care institution

          (2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

        • Definition of employee

          (2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.

        • Representative of each candidate

          (3) The election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.

      • 2014, c. 12, s. 50(3)

        (5) Subsection 161(4) of the Act is replaced by the following:

        • Registration certificate

          (4) If the elector satisfies the requirements of subsection (1), the election officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

      • 2014, c. 12, s. 50(5)

        (6) Subsections 161(6) and (7) of the Act are repealed.

  • — 2018, c. 31, s. 108

    • 2014, c. 12, s. 51

      108 Section 161.1 of the Act is replaced by the following:

      • Requirement before making solemn declaration — elector
        • 161.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).

        • Requirement before making solemn declaration — vouching for elector

          (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

  • — 2018, c. 31, s. 109

    • 109 The heading before section 162 of the Act is replaced by the following:

      Duties of Election Officers Assigned to Polling Station
  • — 2018, c. 31, s. 110

      • 110 (1) The portion of section 162 of the Act before paragraph (b) is replaced by the following:

        • Duties

          162 An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall

          • (a) make, on the prescribed form, the entries required under this Act;

      • (2) Paragraph 162(d) of the Act is repealed.

      • 2007, c. 21, s. 28

        (3) Paragraphs 162(f) and (g) of the Act are replaced by the following:

        • (f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;

        • (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration;

      • 2007, c. 21, s. 28

        (4) Paragraph 162(i) of the Act is replaced by the following:

        • (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

  • — 2018, c. 31, s. 111

    • 111 Section 164 of the Act is replaced by the following:

      • Procedure in case of contravention of secrecy
        • 164 (1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

        • Clarification

          (2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.

  • — 2018, c. 31, s. 112

    • 2014, c. 12, s. 53

      112 Section 164.1 of the Act is replaced by the following:

      • Engagement of auditor

        164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.

  • — 2018, c. 31, s. 113

    • 113 Subsection 166(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

  • — 2018, c. 31, s. 114

    • 114 Section 167 of the Act is repealed.

  • — 2018, c. 31, s. 116

    • 116 The Act is amended by adding the following after section 168:

      Transfer Certificates
      • Transfer certificate for candidate
        • 168.1 (1) A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.

        • Transfer certificate for election officer

          (2) An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.

        • Condition

          (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.

        • Transfer certificate for elector whose advance polling station has moved

          (4) If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.

      • Transfer certificate for elector with disability
        • 168.2 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.

        • Application requirements

          (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

        • Issue of transfer certificate to elector with disability

          (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.

      • Signing, numbering and recording transfer certificate

        168.3 The election officer who issues a transfer certificate shall

        • (a) fill in and sign the certificate and mention on it the date of its issue;

        • (b) consecutively number the certificate in the order of its issue;

        • (c) keep a record of the certificate in the order of its issue on the prescribed form;

        • (d) not issue the certificate in blank; and

        • (e) if possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

  • — 2018, c. 31, s. 117

      • 117 (1) Subsection 169(1) of the Act is replaced by the following:

        • Registration at advance polling station
          • 169 (1) Every elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.

      • 2007, c. 21, s. 30(1); 2014, c. 12, s. 54(1)(F) and (1.1)

        (2) The portion of subsection 169(2) of the French version of the Act before paragraph (b) is replaced by the following:

        • Conditions

          (2) Il ne peut toutefois être inscrit que s’il établit son identité et sa résidence :

          • a) soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;

      • 2014, c. 12, s. 54(1.1)

        (3) Paragraph 169(2)(b) of the Act is replaced by the following:

        • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

          • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

          • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

      • (3.1) Section 169 of the Act is amended by adding the following after subsection (2):

        • Vouching for electors in long-term care institution

          (2.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

        • Definition of employee

          (2.02) In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

      • 2014, c. 12, s. 54(2)

        (4) Subsections 169(3) and (4) of the Act are replaced by the following:

        • Registration certificate

          (3) If the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

        • Entry

          (4) An election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

      • 2014, c. 12, s. 54(4)

        (5) Subsections 169(5) and (6) of the Act are repealed.

  • — 2018, c. 31, s. 118

    • 2014, c. 12, s. 55

      118 Section 169.1 of the Act is replaced by the following:

      • Requirement before making solemn declaration — elector
        • 169.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).

        • Requirement before making solemn declaration — vouching for elector

          (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

  • — 2018, c. 31, s. 119

    • 2014, c. 12, s. 56

      119 Subsection 171(2) of the Act is replaced by the following:

      • When advance polling stations to be open

        (2) An advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.

  • — 2018, c. 31, s. 120

      • 120 (1) Subparagraphs 172(a)(iii) and (iv) of the Act are replaced by the following:

        • (iii) the place where, for each advance polling station, an election officer who is assigned to the advance polling station shall count the number of votes cast at the advance polling station, and

        • (iv) that the counting of the votes cast shall begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations; and

      • (2) Section 172 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

        • (c) make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.

      • (3) Section 172 of the Act is renumbered as subsection 172(1) and is amended by adding the following:

        • Maps made available to registered parties

          (2) The Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.

  • — 2018, c. 31, s. 121

    • 2007, c. 21, s. 32

      121 Subsections 173(2) and (3) of the Act are replaced by the following:

      • Elector not on the revised list

        (2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).

      • Procedure by election officer

        (3) If an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

  • — 2018, c. 31, s. 122

    • 2014, c. 12, ss. 57 and 58

      122 Sections 174 and 175 of the Act are replaced by the following:

      • Duties of election officer
        • 174 (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.

        • Number of advance polling district

          (1.1) An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.

        • Record of votes cast

          (2) An election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.

      • Opening of advance polling station
        • 175 (1) At the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,

          • (a) on the 1st day of advance polling,

            • (i) open the ballot box and ascertain that it is empty,

            • (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and

            • (iii) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day; and

          • (b) on the 2nd, 3rd and 4th days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

        • Close of advance polling station

          (2) At the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

        • Other ballot boxes

          (3) If an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,

          • (a) take the steps set out in subparagraphs (1)(a)(i) to (iii) with regard to that other ballot box; and

          • (b) take the steps set out in paragraph (1)(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.

        • Candidates may check seals

          (4) The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:

          • (a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;

          • (b) for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and

          • (c) for each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.

        • Custody of ballot boxes

          (5) Until the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.

        • Recovery of ballot box

          (6) Despite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.

        • Recovery of ballot box — dwelling place or vehicle

          (7) If a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).

        • Authority to issue warrant

          (8) On ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath that

          • (a) a ballot box is in the dwelling place or vehicle;

          • (b) entry to the dwelling place or vehicle is necessary to recover the ballot-box; and

          • (c) entry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.

        • Telewarrant

          (9) If a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

  • — 2018, c. 31, s. 123

    • 123 Subsection 176(3) of the Act is replaced by the following:

      • When lists already distributed

        (3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct an election officer who is assigned to the polling station to cross their names off the list, and the election officer shall do so without delay.

  • — 2018, c. 31, s. 124

      • 124 (1) The portion of section 177 of the Act before the definition administrative centre is replaced by the following:

        • Definitions

          177 The definitions in this section apply in this Part, and Parts 11.1 and 19.

      • (2) The definitions administrative centre, Canadian Forces elector, deputy returning officer, statement of ordinary residence and voting territory in section 177 of the Act are repealed.

      • (3) The definitions application for registration and special ballot, inner envelope, liaison officer and outer envelope in section 177 of the Act are replaced by the following:

        application for registration and special ballot

        application for registration and special ballot means an application completed by an elector in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)

        inner envelope

        inner envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be enclosed after it has been marked. (enveloppe intérieure)

        liaison officer

        liaison officer [In force]

        outer envelope

        outer envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be transmitted after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)

      • (4) The definition special ballot in section 177 of the English version of the Act is replaced by the following:

        special ballot

        special ballot means a ballot, other than a ballot referred to in section 241, that is provided to an elector who is entitled to vote under this Part. (bulletin de vote spécial)

      • (5) Section 177 of the Act is amended by adding the following in alphabetical order:

        unit election officer

        unit election officer means an elector designated as a unit election officer under paragraph 205(1)(b). (fonctionnaire électoral d’unité)

  • — 2018, c. 31, s. 126

      • 126 (1) Paragraph 182(b) of the Act is replaced by the following:

        • (b) retain the solemn declaration of each special ballot officer that is made under subsection 23(1);

      • (2) Paragraph 182(d) of the Act is replaced by the following:

        • (d) obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;

  • — 2018, c. 31, s. 130

      • 130 (1) The definition elector in section 190 of the Act is replaced by the following:

        elector

        elector means a person referred to in section 191. (électeur)

      • (2) Section 190 of the Act is amended by adding the following in alphabetical order:

        alternative address

        alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence. (adresse de substitution)

        service number

        service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces. (numéro matricule)

  • — 2018, c. 31, s. 131

    • 131 The Act is amended by adding the following after section 190:

      • Election officers

        190.1 For the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)(f) also apply to them if they are relieved of duty.

  • — 2018, c. 31, s. 132

    • 132 The heading before section 191 of the Act is replaced by the following:

      Voting Entitlement
  • — 2018, c. 31, s. 133

      • 133 (1) The portion of section 191 of the Act before paragraph (a) is replaced by the following:

        • Qualification and right to vote

          191 Any of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:

      • (2) Paragraph 191(b) of the Act is replaced by the following:

        • (b) a member of the reserve force of the Canadian Forces; and

      • (3) Section 191 of the Act is amended by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

  • — 2018, c. 31, s. 134

    • 2000, c. 12, par. 40(2)(f)

      134 Sections 192 to 198 of the Act are replaced by the following:

      Registration
      • Right to register
        • 192 (1) When a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.

        • Right to register — future elector

          (2) When a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.

        • Service number

          (3) An elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.

  • — 2018, c. 31, s. 135

    • 135 Subsection 199(2) of the Act is replaced by the following:

      • Duty

        (2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector or future elector:

        • (a) his or her surname, given names, gender, rank and service number;

        • (b) his or her date of birth;

        • (c) the civic address and mailing address of his or her place of ordinary residence; and

        • (d) his or her current mailing address.

      • Updating Register of Electors

        (3) The Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.

      • Retention of certain information

        (4) The Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

      • Information provided to coordinating officer

        (5) The Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)(a) to (d) relating to each elector or future elector who has provided a service number under this Part.

  • — 2018, c. 31, s. 136

    • 136 The Act is amended by adding the following after section 199:

      • Cooperation

        199.1 The coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, of

        • (a) a person employed by or in support of the Canadian Forces outside Canada;

        • (b) a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; or

        • (c) a person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).

      • 199.2 [In force]

  • — 2018, c. 31, s. 138

      • 138 (1) Paragraph 204(2)(b) of the Act is replaced by the following:

        • (b) the commanding officer will designate one or more unit election officers to collect their votes and fix the voting times during the voting period.

      • (2) Subsection 204(3) of the Act is replaced by the following:

        • Contents of list

          (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names and service number, the address of his or her place of ordinary residence and his or her electoral district.

  • — 2018, c. 31, s. 139

    • 139 The Act is amended by adding the following after section 204:

      • Alternative address — commanding officer
        • 204.1 (1) For the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).

        • Alternative address — elector

          (2) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.

        • Special voting rules administrator informed

          (3) The commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.

        • Clarification

          (4) For greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.

  • — 2018, c. 31, s. 140

      • 140 (1) The portion of subsection 205(1) of the Act before paragraph (a) is replaced by the following:

        • Duties of commanding officer
          • 205 (1) After being informed of the issue of the writs, but no later than the 28th day before polling day, each commanding officer shall

      • (2) Paragraphs 205(1)(b) to (d) of the Act are replaced by the following:

        • (b) designate a sufficient number of electors as unit election officers to allow for voting to take place at each polling station;

        • (c) through a liaison officer, provide the special voting rules administrator with a list of the unit election officers and their ranks, and the list of electors for the unit; and

        • (d) provide the unit election officers with the list of electors for the unit.

  • — 2018, c. 31, s. 141

    • 141 Section 207 of the Act is replaced by the following:

      • Joint polling stations

        207 The commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.

  • — 2018, c. 31, s. 142

    • 142 Paragraphs 209(a) and (b) of the Act are replaced by the following:

      • (a) distribute the materials to the unit election officers; and

      • (b) display the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.

  • — 2018, c. 31, s. 143

    • 143 Sections 210 to 212 of the Act are replaced by the following:

      • Duties of unit election officer

        210 During the voting period, a unit election officer shall

        • (a) display the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; and

        • (b) keep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.

      • Representative of registered party

        211 A Canadian citizen may represent a registered party at a polling station if he or she provides the unit election officer with a copy of an authorization in the prescribed form signed by a candidate for the party.

      • Elector to give name, etc.
        • 211.1 (1) Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.

        • Alternative address

          (2) For the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.

        • Proof of identity

          (3) If the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:

          • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

          • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

        • Examination of identification documents

          (4) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

        • Name crossed off the list

          (5) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.

      • Application for registration and special ballot
        • 211.2 (1) An elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:

          • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

          • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

        • Content of application

          (2) An application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:

          • (a) his or her surname and given names;

          • (b) his or her date of birth;

          • (c) his or her service number;

          • (d) the civic address and mailing address of his or her place of ordinary residence;

          • (e) his or her current mailing address; and

          • (f) any other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.

        • Alternative addresses

          (3) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.

        • Optional information

          (4) In addition to the information specified in subsection (2), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.

        • Examination of identification documents

          (5) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

        • Acceptance of the application

          (6) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.

        • Application of subsections 204.1(3) and (4)

          (7) If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.

      • Authorized types of identification

        211.3 The Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)(b) and 211.2(1)(b). For greater certainty, any document may be authorized, regardless of who issued it.

      • Declaration of elector

        212 The unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.

  • — 2018, c. 31, s. 144

      • 144 (1) Subsection 213(1) of the Act is replaced by the following:

        • Provision of special ballot, etc.
          • 213 (1) A unit election officer shall, once the elector has signed the declaration referred to in section 212, give the elector a special ballot, an inner envelope, the declaration — if it is not on the outer envelope — and the outer envelope.

          • Limitation

            (1.1) An elector who has received a special ballot under subsection (1) may vote only under this Division.

      • (2) The portion of subsection 213(2) of the Act before paragraph (a) is replaced by the following:

        • Voting on special ballot

          (2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding it and, in the presence of the unit election officer,

      • (3) Paragraph 213(2)(b) of the Act is replaced by the following:

        • (b) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing the outer envelope.

      • (4) Subsection 213(4) of the Act is replaced by the following:

        • Spoiled special ballot

          (4) If the special ballot is incapable of being used, the elector shall return it to the unit election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

  • — 2018, c. 31, s. 145

      • 145 (1) Subsection 214(1) of the Act is replaced by the following:

        • Information to be provided to elector
          • 214 (1) The unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.

      • (2) Subsection 214(3) of the Act is repealed.

  • — 2018, c. 31, s. 146

    • 146 Section 215 of the Act is replaced by the following:

      • Voting by unit election officer

        215 A unit election officer who is qualified to vote may vote in accordance with this Division.

  • — 2018, c. 31, s. 147

      • 147 (1) The portion of subsection 216(1) of the Act before paragraph (b) is replaced by the following:

        • Assistance by unit election officer
          • 216 (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her by

            • (a) completing the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; and

      • (2) Paragraph 216(1)(b) of the English version of the Act is replaced by the following:

        • (b) marking the special ballot as directed by the elector in the elector’s presence and in the presence of another elector selected by the elector as a witness.

      • (3) The portion of subsection 216(2) of the Act before paragraph (b) is replaced by the following:

        • Note and keeping vote secret

          (2) The unit election officer and an elector acting as a witness shall

          • (a) sign a note on the declaration indicating that the elector was assisted; and

  • — 2018, c. 31, s. 148

    • 148 Subsections 217(2) and (3) of the Act are replaced by the following:

      • Unit election officer for hospitalized electors

        (2) If no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.

      • Bed-ridden electors

        (3) A unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.

  • — 2018, c. 31, s. 149

    • 149 Sections 218 and 219 of the Act are replaced by the following:

      • Duty, leave or furlough

        218 An elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.

      • Delivery of documents to the commanding officer
        • 219 (1) The unit election officer shall deliver to the unit’s commanding officer,

          • (a) at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and

          • (b) at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.

        • Delivery of outer envelopes, etc.

          (1.1) On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.

        • Provision of information

          (1.2) On receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.

        • Delivery of election documents and election materials

          (2) On receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.

      • Informing the returning officer
        • 219.1 (1) On being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.

        • Name on list of electors

          (2) When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall

          • (a) if the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; and

          • (b) indicate on the list of electors that the elector has received a special ballot.

  • — 2018, c. 31, s. 157

    • 157 Sections 231 and 232 of the Act are replaced by the following:

      • Definition of elector

        231 For the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

      • Conditions for voting by special ballot
        • 232 (1) An elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.

        • Conditions for voting by special ballot — specified later day

          (2) If, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the specified day.

        • Restriction

          (3) The Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.m. on the 6th day before polling day.

  • — 2018, c. 31, s. 158

      • 158 (1) Paragraph 233(1)(a) of the English version of the Act is replaced by the following:

        • (a) the elector’s name and the address of his or her place of ordinary residence;

      • (2) Subsection 233(1.1) of the Act is replaced by the following:

        • Electors in danger

          (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)(a) or (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal the addresses in respect of which the application is made except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

      • 2014, c. 12, s. 59

        (3) Subsection 233(3) of the Act is repealed.

  • — 2018, c. 31, s. 159

    • 159 Section 234 of the Act is repealed.

  • — 2018, c. 31, s. 160

    • 2014, c. 12, s. 60

      160 Sections 236 and 237 of the Act are replaced by the following:

      • List of electors

        236 Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,

        • (a) that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and

        • (b) that there is an indication on the list of electors that the elector has received a special ballot.

      • Provision of ballot
        • 237 (1) Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.

        • Provision of ballot and envelopes

          (2) If section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.

  • — 2018, c. 31, s. 161

    • 2014, c. 12, s. 60
      • 161 (1) Subsections 237.1(3.1) and (3.2) of the Act are repealed.

      • 2014, c. 12, s. 60

        (2) Paragraph 237.1(4)(b) of the Act is replaced by the following:

        • (b) sections 143 to 144;

      • (3) Subsection 237.1(4) of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):

        • (d.1) subsections 281.6(1) to (4);

        • (d.2) section 282.2; and

  • — 2018, c. 31, s. 162

    • 162 Sections 238 and 239 of the Act are replaced by the following:

      • Voting by special ballot

        238 An elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).

      • Receipt of special ballot — application made outside electoral district
        • 239 (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted by

          • (a) sending the sealed outer envelope to the special voting rules administrator by mail or any other means; or

          • (b) delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer designates.

        • Receipt of special ballot — application made in electoral district

          (2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.

        • Vote counted

          (3) Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted.

  • — 2018, c. 31, s. 162.1

    • 162.1 The Act is amended by adding the following after section 241:

      • No marking

        241.1 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.

  • — 2018, c. 31, s. 163

      • 163 (1) Subsection 242(1) of the Act is replaced by the following:

        • Spoiled ballot
          • 242 (1) If the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.

      • (2) Subsection 242(2) of the English version of the Act is replaced by the following:

        • Limit

          (2) An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).

  • — 2018, c. 31, s. 164

      • 164 (1) The portion of subsection 243(1) of the Act before paragraph (b) is replaced by the following:

          • 243 (1) [In force]

            • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

      • (2) [In force]

      • (3) Subsection 243(2) of the Act is replaced by the following:

        • Note on declaration

          (2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

  • — 2018, c. 31, s. 165

    • 165 The Act is amended by adding the following after section 243:

      • Assistance by friend or related person
        • 243.01 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:

          • (a) a friend of the elector;

          • (b) the elector’s spouse or common-law partner; or

          • (c) a relative of the elector or of the elector’s spouse or common-law partner.

        • Solemn declaration

          (2) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or she

          • (a) will mark the ballot paper in the manner directed by the elector;

          • (b) will not disclose the name of the candidate for whom the elector voted;

          • (c) will not try to influence the elector in choosing a candidate; and

          • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

  • — 2018, c. 31, s. 166(2)

      • 166 (2) Subsection 243.1(2) of the Act is replaced by the following:

        • Note on declaration

          (2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

  • — 2018, c. 31, s. 167

    • 167 The Act is amended by adding the following after section 244:

      • Non-application

        244.1 This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.

  • — 2018, c. 31, s. 168

    • 168 Subsection 245(1) of the Act is replaced by the following:

      • Entitlement to vote
        • 245 (1) Every elector is entitled to vote under this Division on the 12th day before polling day.

  • — 2018, c. 31, s. 169

    • 169 Section 246 of the Act is replaced by the following:

      • Designation of coordinating officers

        246 The federal and provincial ministers responsible for correctional institutions shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

  • — 2018, c. 31, s. 170

      • 170 (1) Subsection 247(1) of the Act is replaced by the following:

        • Notification of issue of the writs
          • 247 (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.

      • (2) The portion of subsection 247(2) of the Act before paragraph (b) is replaced by the following:

        • Obligations of ministers

          (2) On being informed of the issue of the writs, each minister referred to in subsection (1) shall

          • (a) inform their respective designated coordinating officer of their issue;

      • (3) Paragraph 247(2)(c) of the Act is replaced by the following:

        • (c) inform the Chief Electoral Officer and their respective designated coordinating officer of the name and address of each liaison officer.

  • — 2018, c. 31, s. 171

    • 171 Subsection 248(2) of the Act is replaced by the following:

      • Duty to cooperate

        (2) During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.

  • — 2018, c. 31, s. 172

    • 172 Subsection 250(2) of the Act is replaced by the following:

      • Voting hours

        (2) The polling stations shall be open on the 12th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.

  • — 2018, c. 31, s. 173

    • 173 Subsection 251(1) of the Act is replaced by the following:

      • Application for registration and special ballot
        • 251 (1) Before the 12th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

  • — 2018, c. 31, s. 174

      • 174 (1) Subsection 253(1) of the Act is replaced by the following:

        • Polling stations and election officers
          • 253 (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.

      • (2) Paragraph 253(2)(a) of the Act is replaced by the following:

        • (a) provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; and

  • — 2018, c. 31, s. 175

    • 175 The portion of section 254 of the Act before paragraph (a) is replaced by the following:

      • Duties of election officer

        254 On the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shall

  • — 2018, c. 31, s. 176

    • 176 Section 256 of the Act is replaced by the following:

      • Representative of registered party

        256 With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides an election officer who is assigned to a polling station at the correctional institution with an authorization in the prescribed form signed by a candidate for that party, or a copy of one.

  • — 2018, c. 31, s. 177

      • 177 (1) Subsection 257(1) of the Act is replaced by the following:

        • Declaration of elector
          • 257 (1) Before delivering a special ballot to an elector, an election officer who is assigned to a polling station at a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to sign the declaration on the outer envelope.

      • (2) The portion of subsection 257(2) of the Act before paragraph (a) is replaced by the following:

        • Giving special ballot to elector

          (2) After the elector has signed the declaration on the outer envelope, the election officer shall

  • — 2018, c. 31, s. 178

      • 178 (1) The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:

        • Voting by special ballot
          • 258 (1) The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding it and, in the presence of the election officer,

      • (2) Subsection 258(3) of the Act is replaced by the following:

        • Spoiled special ballot

          (3) If the special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

  • — 2018, c. 31, s. 180

    • 180 The portion of section 260 of the Act before paragraph (a) is replaced by the following:

      • Delivery of documents after the vote

        260 Without delay after the votes have been cast at a correctional institution, an election officer who is assigned to the polling station shall deliver to the liaison officer for the institution

  • — 2018, c. 31, s. 181

    • 181 Section 261 of the Act is replaced by the following:

      • Deadline for return of election material

        261 Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day.

  • — 2018, c. 31, s. 182

      • 182 (1) The portion of subsection 267(1) of the Act before paragraph (c) is replaced by the following:

        • Setting aside of inner envelope
          • 267 (1) The special ballot officers shall set aside an inner envelope unopened if

            • (a) the information concerning the elector, as set out in the declaration referred to in paragraph 227(2)(c) or subsection 257(1), does not correspond with the information on the application for registration and special ballot;

            • (b) a declaration referred to in paragraph (a) or in section 212 — other than one in respect of an elector who has voted with assistance under section 216, 243 or 259 — does not bear the elector’s signature;

      • (2) Paragraph 267(1)(c) of the English version of the Act is replaced by the following:

        • (c) the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained;

      • (3) [In force]

      • (4) Subsection 267(2) of the Act is replaced by the following:

        • Procedure when elector votes more than once

          (2) If, after receiving an elector’s outer envelope but before counting the inner envelopes, the special ballot officers ascertain that the elector has voted more than once, they shall set the elector’s inner envelope aside unopened.

      • (5) The portion of subsection 267(3) of the Act before paragraph (b) is replaced by the following:

        • Disposition of inner envelopes that are set aside

          (3) When an inner envelope is set aside unopened as described in subsection (1) or (2),

          • (a) it shall be endorsed by the special voting rules administrator with the reason why it has been set aside;

      • (6) Paragraph 267(3)(c) of the Act is replaced by the following:

        • (c) in the case of an inner envelope set aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

      • (7) Subsection 267(4) of the Act is replaced by the following:

        • Envelopes and declarations kept together

          (3.1) When an inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

        • Dispute

          (3.2) If a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.

        • Special report

          (4) The special voting rules administrator shall prepare a report in respect of the number of inner envelopes that are set aside under this Division.

  • — 2018, c. 31, s. 183

    • 183 Paragraphs 272(b) and (c) of the Act are replaced by the following:

      • (b) all other documents and election materials received from commanding officers and election officers;

      • (c) the solemn declarations made under subsection 23(1); and

  • — 2018, c. 31, s. 184

    • 184 Sections 273 and 274 of the Act are replaced by the following:

      • Notification to candidates

        273 The returning officer shall, as soon as possible, notify the candidates of the names of the election officers who he or she assigns to verify the declarations referred to in paragraph 227(2)(c) and to count the special ballots issued to electors in his or her electoral district and received at his or her office.

      • Candidate present at counting

        274 A candidate or his or her representative may be present for the verification of the declarations referred to in paragraph 227(2)(c) and the counting of ballots received at the returning officer’s office.

  • — 2018, c. 31, s. 185

    • 185 Subsection 275(1) of the Act is replaced by the following:

      • Ballots to be kept sealed
        • 275 (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to an election officer referred to in section 273.

  • — 2018, c. 31, s. 186

      • 186 (1) Subsection 276(1) of the Act is replaced by the following:

        • Verification of declarations
          • 276 (1) The election officers referred to in section 273 shall verify the declarations made under paragraph 227(2)(c), at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information in the declaration whether the elector is entitled to vote in the electoral district.

      • (2) Subsection 276(3) of the Act is replaced by the following:

        • Provision of materials to election officer

          (3) One of the election officers shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

  • — 2018, c. 31, s. 187

      • 187 (1) The portion of subsection 277(1) of the Act before paragraph (d) is replaced by the following:

        • Setting aside of inner envelope
          • 277 (1) An election officer referred to in section 273 shall set aside an elector’s inner envelope unopened if

            • (a) the information concerning the elector, as set out in the elector’s declaration made under paragraph 227(2)(c), does not correspond with the information on the application for registration and special ballot;

            • (b) the declaration — other than one in respect of an elector who has voted with assistance under section 243 or 243.1 — does not bear the elector’s signature;

            • (c) the elector has voted more than once; or

      • (2) [In force]

      • (3) Subsections 277(2) and (3) of the Act are replaced by the following:

        • Registering objections

          (2) When the declarations are verified, an election officer referred to in section 273 shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

        • Noting of reasons for setting aside

          (3) When an elector’s inner envelope is set aside unopened as described in subsection (1), the election officer who set it aside shall note on it the reasons for the setting aside. The election officer and another election officer referred to in section 273 shall both initial the envelope.

        • Envelopes and declarations kept together

          (4) When an elector’s inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

  • — 2018, c. 31, s. 188

    • 188 Section 278 of the Act is replaced by the following:

      • Counting of inner envelopes
        • 278 (1) The election officers referred to in section 273 shall count all inner envelopes that have not been set aside.

        • Inner envelopes

          (2) They shall put all the inner envelopes that have not been set aside in a ballot box provided by the returning officer.

        • Counting the votes

          (3) After the close of the polling stations, one of the election officers shall open the ballot box and, together with another of the election officers, shall open the inner envelopes and count the votes.

  • — 2018, c. 31, s. 189

      • 189 (1) The portion of subsection 279(1) of the Act before paragraph (a) is replaced by the following:

        • Rejection of ballots
          • 279 (1) An election officer shall, in counting the ballots, reject a ballot if

      • 2001, c. 21, s. 15

        (2) Subsections 279(2) and (3) of the Act are replaced by the following:

        • Elector’s intent

          (2) An election officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

        • Political affiliation

          (3) An election officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.

  • — 2018, c. 31, s. 190

    • 190 The headings before section 281 and sections 281 and 282 of the Act are replaced by the following:

      PART 11.1Prohibitions in Relation to Voting

      • Application

        281 The provisions of this Part apply inside and outside Canada.

      • Chief Electoral Officer

        281.1 The Chief Electoral Officer shall not vote at an election.

      • Inducing Chief Electoral Officer to vote

        281.2 No person shall induce or attempt to induce the Chief Electoral Officer to vote at an election knowing that it is the Chief Electoral Officer whom he or she is inducing or attempting to induce to vote and that the Chief Electoral Officer is prohibited from voting.

      • Not qualified as elector

        281.3 No person shall

        • (a) vote or attempt to vote at an election knowing that he or she

          • (i) is not a Canadian citizen when he or she votes, or

          • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day; or

        • (b) induce or attempt to induce another person to vote at an election knowing that the other person

          • (i) is not a Canadian citizen — or will not be a Canadian citizen — when he or she votes, or

          • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day.

      • Not ordinarily resident in electoral district

        281.4 No person shall

        • (a) vote or attempt to vote at an election in a particular electoral district knowing that his or her place of ordinary residence is not in that electoral district; or

        • (b) induce or attempt to induce another person to vote at an election in a particular electoral district knowing that the other person’s place of ordinary residence is not in that electoral district.

      • Voting more than once — general election
        • 281.5 (1) No person who has voted in a general election shall vote again, or attempt to vote again, in that general election.

        • Voting more than once — by-election

          (2) No person who has voted in a by-election shall vote again, or attempt to vote again, at that by-election or at any other by-election that is held on the same day.

      • Secrecy of the vote
        • 281.6 (1) Every person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

        • Attempting to obtain information about elector’s vote

          (2) Except as provided by this Act, no person shall, in a polling station, attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted.

        • Secrecy at the poll

          (3) Except as provided by this Act, no person shall

          • (a) on entering the polling station and before receiving a ballot or special ballot, openly declare for whom he or she intends to vote;

          • (b) while in the polling station, show his or her ballot or special ballot, when marked, so as to allow the name of the candidate for whom he or she has voted to be seen; or

          • (c) before leaving the polling station, openly declare for whom he or she has voted.

        • Secrecy — marked ballot

          (4) No person who has seen a ballot or special ballot that has been marked by an elector shall disclose information as to how it was marked unless he or she is the elector who marked it or he or she has been authorized to make the disclosure by the elector who marked it.

        • Secrecy — counting of the votes

          (5) No person shall, at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.

      • Ballots
        • 281.7 (1) No person shall

          • (a) request or apply for a ballot or special ballot in a name that is not his or her own;

          • (b) vote using a forged ballot or forged special ballot;

          • (c) request or apply for a ballot or special ballot to which he or she is not entitled;

          • (d) provide a ballot or special ballot to any person when not authorized under this Act to do so;

          • (e) have a ballot or special ballot in his or her possession when not authorized under this Act to do so;

          • (f) alter, deface or destroy a ballot, the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;

          • (g) put or cause to be put into a ballot box a ballot, special ballot or other paper otherwise than as provided by this Act or by instructions of the Chief Electoral Officer;

          • (h) take a ballot out of the polling station or the office of the returning officer otherwise than as provided by this Act or by instructions of the Chief Electoral Officer; or

          • (i) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.

        • Ballots — election officer

          (2) No election officer shall

          • (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; or

          • (b) place on a ballot or special ballot any writing, number or mark with intent that the elector to whom the ballot or special ballot is to be given, or has been given, can be identified.

        • Special ballots — unit election officer

          (3) No unit election officer shall place on a special ballot any writing, number or mark with intent that the elector to whom the special ballot is to be given, or has been given, can be identified.

      • Photograph, video or copy of marked ballot
        • 281.8 (1) No person shall

          • (a) take a photograph or make a video recording of a ballot or special ballot that has been marked, at an election, by an elector;

          • (b) make a copy, in any manner, of any ballot or special ballot that has been marked, at an election, by an elector; or

          • (c) distribute or show, in any manner, to one or more persons, a photograph, video recording or copy of a ballot or special ballot that has been marked, at an election, by an elector.

        • Exception — persons with visual impairment

          (2) Subsection (1) does not apply to any person with a visual impairment who takes a photograph or makes a video recording or copy of a ballot or special ballot that he or she has marked for the purpose of verifying the accuracy of their marking.

        • Exception — legal proceedings

          (3) Subsection (1) does not apply to a person who does anything referred to in that subsection for the purpose of a recount under Part 14 or for the purpose of any other legal proceeding.

      • False statement

        281.9 No person shall

        • (a) make a false statement in an application for registration and special ballot; or

        • (b) make a false statement in a declaration signed by him or her before an election officer or unit election officer.

      • Person who assists elector — limit
        • 282 (1) At an election, no person shall, as a friend, assist under section 155 or 243.01, more than one elector for the purpose of marking a ballot.

        • Person who assists elector — secrecy

          (2) No person who assists an elector under section 155 or 243.01 shall, directly or indirectly, disclose the name of the candidate for whom the elector voted or that candidate’s political affiliation.

      • Vouching for more than one person
        • 282.1 (1) No person shall vouch for more than one person at an election, except in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01).

        • Voucher not qualified as elector, etc.

          (2) No person shall vouch for another person if

          • (a) the person who vouches is not qualified as an elector;

          • (b) the person who vouches does not personally know the other person; or

          • (c) the person who vouches does not reside in a polling division assigned to the same polling station as the polling division in which the other person resides or, in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01), in a polling division in the other person’s electoral district or an adjacent electoral district.

        • Vouchee acting as voucher

          (3) No person who has been vouched for at an election shall vouch for another person at that election.

      • Influencing electors

        282.2 No person shall, in a polling station or in any place where voting at an election is taking place, influence or attempt to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

      • Influencing electors — election officers and staff of returning officers

        282.3 Subject to section 141, no election officer, unit election officer or member of the staff of a returning officer shall, while exercising their powers or performing their duties, influence or attempt to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

      • Undue influence by foreigners
        • 282.4 (1) No person or entity referred to in any of paragraphs (a) to (e) shall, during an election period, unduly influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election:

          • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and who does not reside in Canada;

          • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election;

          • (c) a trade union that does not hold bargaining rights for employees in Canada;

          • (d) a foreign political party; or

          • (e) a foreign government or an agent or mandatary of a foreign government.

        • Meaning of unduly influencing

          (2) For the purposes of subsection (1), a person or entity unduly influences an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election if

          • (a) they knowingly incur any expense to directly promote or oppose a candidate in that election, a registered party that has endorsed a candidate in that election or the leader of such a registered party;

          • (b) one of the things done by them to influence the elector is an offence under an Act of Parliament or a regulation made under any such Act, or under an Act of the legislature of a province or a regulation made under any such Act.

        • Exceptions

          (3) For greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the elector to vote or refrain from voting, or to vote or refrain from voting for the particular candidate or registered party, consists of

          • (a) an expression of their opinion about the outcome or desired outcome of the election;

          • (b) a statement by them that encourages the elector to vote or refrain from voting for any candidate or registered party in the election; or

          • (c) the transmission to the public through broadcasting, or through electronic or print media, of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, regardless of the expense incurred in doing so, if no contravention of subsection 330(1) or (2) is involved in the transmission.

        • Collusion

          (4) No person or entity shall act in collusion with a person or entity to whom subsection (1) applies for the purpose of contravening that subsection.

        • Selling advertising space

          (5) No person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit an election advertising message or to cause an election advertising message to be transmitted.

      • Interfering with marking of ballot

        282.5 No person shall interfere with, or attempt to interfere with, an elector who is marking a ballot or special ballot.

      • Preventing elector from voting

        282.6 No person shall prevent or attempt to prevent an elector from voting at an election.

      • Offering bribe
        • 282.7 (1) No person shall, during an election period, directly or indirectly, offer a bribe to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

        • Accepting bribe

          (2) No person shall, during an election period, accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

      • Intimidation, etc.

        282.8 No person shall

        • (a) by intimidation or duress, compel or attempt to compel a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election; or

        • (b) by any pretence or contrivance, including by representing that the ballot or special ballot or the manner of voting at an election is not secret, influence or attempt to influence a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

  • — 2018, c. 31, s. 191

    • 2014, c. 12, s. 61(1)
      • 191 (1) Subsections 283(1) and (2) of the Act are replaced by the following:

        • Counting the votes
          • 283 (1) Immediately after the close of a polling station, an election officer who is assigned to the polling station shall count the votes in the presence of

            • (a) another election officer who is assigned to the polling station; and

            • (b) any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

          • Tally sheets

            (2) One of those election officers shall supply all the persons referred to in paragraph (1)(b) who are present and who request one with a tally sheet to keep their own score of the voting.

      • 2014, c. 12, s. 61(2)

        (2) The portion of subsection 283(3) of the Act before paragraph (b) is replaced by the following:

        • Steps to follow

          (3) The election officer who counts the votes shall, in the following order,

          • (a) count the number of electors who voted, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;

      • 2014, c. 12, s. 61(3)

        (3) Paragraph 283(3)(d) of the English version of the Act is replaced by the following:

        • (d) total the number of electors indicated under paragraph (a) who voted and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

      • (4) Paragraph 283(3)(f) of the Act is replaced by the following:

        • (f) examine each ballot, show the ballot to each person who is present, and ask the election officer referred to in paragraph (1)(a) to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

  • — 2018, c. 31, s. 192

      • 192 (1) The portion of subsection 284(1) of the Act before paragraph (a) is replaced by the following:

        • Rejection of ballots
          • 284 (1) In examining the ballots, the election officer who counts the votes shall reject one

      • (2) Subsections 284(2) and (3) of the Act are replaced by the following:

        • Limitation

          (2) No ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.

        • Counterfoils remaining attached

          (3) If a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

  • — 2018, c. 31, s. 193

    • 193 Sections 285 and 286 of the Act are replaced by the following:

      • Ballots not initialled by election officer

        285 If the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

      • Objections to ballots
        • 286 (1) One of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it.

        • Decision of election officer

          (2) Every question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1).

  • — 2018, c. 31, s. 194

      • 194 (1) Subsection 287(1) of the Act is replaced by the following:

        • Statement of vote
          • 287 (1) The election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose.

      • (2) Subsection 287(2) of the English version of the Act is replaced by the following:

        • Copies of statement of vote

          (2) The election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count.

  • — 2018, c. 31, s. 195

      • 195 (1) Subsections 288(1) and (2) of the Act are replaced by the following:

        • Marked ballots
          • 288 (1) One of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them.

          • Rejected ballots

            (2) One of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

      • (2) The portion of subsection 288(3) of the Act before paragraph (a) is replaced by the following:

        • Documents enclosed in large envelope

          (3) One of the election officers shall seal in a large envelope supplied for the purpose

      • (3) Subsection 288(5) of the English version of the Act is replaced by the following:

        • Sealing ballot box

          (5) The ballot box shall be sealed with the seals provided by the Chief Electoral Officer.

  • — 2018, c. 31, s. 196

    • 2014, c. 12, s. 62

      196 Sections 288.01 and 288.1 of the Act are replaced by the following:

      • Solemn declarations

        288.01 One of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.

      • Periodic statements of electors who voted

        288.1 One of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.

  • — 2018, c. 31, s. 197

      • 197 (1) Subsection 289(1) of the Act is replaced by the following:

        • Counting of votes on polling day
          • 289 (1) At least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

      • 2014, c. 12, s. 63

        (2) Paragraph 289(2)(a) of the Act is replaced by the following:

        • (a) for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; and

      • (3) Subsection 289(3) of the Act is replaced by the following:

        • Prohibition

          (3) Subject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.

        • Exception

          (4) The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if

          • (a) the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;

          • (b) the counting is done in accordance with the Chief Electoral Officer’s instructions;

          • (c) the counting is done in a manner that ensures the integrity of the vote; and

          • (d) the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

  • — 2018, c. 31, s. 198

    • 2014, c. 12, s. 64

      198 Section 290 of the Act is replaced by the following:

      • Sending ballot boxes and envelopes to returning officer

        290 An election officer who is assigned to a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of an election officer who is assigned to a polling station, the envelope referred to in section 288.1.

  • — 2018, c. 31, s. 199

    • 2014, c. 12, s. 66

      199 Section 292.1 of the Act is replaced by the following:

      • List of persons who made solemn declaration

        292.1 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who made a solemn declaration under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.

  • — 2018, c. 31, s. 200

    • 200 Paragraphs 296(2)(b) and (c) of the Act are replaced by the following:

      • (b) for ascertaining the total number of votes under paragraph (a), may summon any election officer or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and

      • (c) may question the election officer or other person respecting the matter in question and, if necessary, ask them to make a solemn declaration in respect of the matter.

  • — 2018, c. 31, s. 201(3)

      • 201 (3) Paragraph 301(2)(a) of the Act is replaced by the following:

        • (a) an election officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or

  • — 2018, c. 31, s. 202

      • 202 (1) Subsection 304(1) of the Act is replaced by the following:

        • Recount procedure
          • 304 (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer.

      • 2014, c. 12, s. 69

        (2) Subsection 304(3) of the Act is replaced by the following:

        • Procedure for certain recounts

          (3) In the case of a recount conducted by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.

      • (3) Subsection 304(5) of the Act is replaced by the following:

        • Additional powers of judge

          (5) For the purpose of conducting a recount, a judge has the power to summon any election officer as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.

  • — 2018, c. 31, s. 205

      • 205 (1) Paragraph 314(1)(a) of the Act is replaced by the following:

        • (a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from election officers;

      • (2) Paragraph 314(1)(c) of the Act is replaced by the following:

        • (c) all other documents that were used at the election, including documents prepared under paragraph 162(i.1).

  • — 2018, c. 31, s. 206

    • 2014, c. 12, s. 72
      • 206 (1) The definitions election advertising and election survey in section 319 of the Act are repealed.

      • (2) Section 319 of the Act is amended by adding the following in alphabetical order:

        online platform

        online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. (plateforme en ligne)

  • — 2018, c. 31, s. 208.1

    • 208.1 The Act is amended by adding the following after section 325:

      Online Platforms

      • Online platforms that are subject to requirements
        • 325.1 (1) This section and section 325.2 apply to any online platform that, in the 12 months before the first day of the pre-election period, in the case of the publication on the platform of a partisan advertising message, or the 12 months before the first day of the election period, in the case of the publication on the platform of an election advertising message, was visited or used by Internet users in Canada an average of at least the following numbers of times per month:

          • (a) 3,000,000 times, if the content of the online platform is available mainly in English;

          • (b) 1,000,000 times, if the content of the online platform is available mainly in French; or

          • (c) 100,000 times, if the content of the online platform is available mainly in a language other than English or French.

        • Registry of partisan advertising messages and election advertising messages

          (2) The owner or operator of an online platform that sells, directly or indirectly, advertising space to the following persons and groups shall publish on the platform a registry of the persons’ and groups’ partisan advertising messages and election advertising messages published on the platform during that period:

          • (a) a registered party or eligible party;

          • (b) a registered association;

          • (c) a nomination contestant;

          • (d) a potential candidate or a candidate; or

          • (e) a third party that is required to register under subsection 349.6(1) or 353(1).

        • Information to be included in registry

          (3) The registry referred to in subsection (2) shall include the following:

          • (a) an electronic copy of each partisan advertising message and each election advertising message published on the platform; and

          • (b) for each advertising message referred to in paragraph (a), the name of the person who authorized the advertising message’s publication on the platform, namely

            • (i) a registered agent of the registered party or eligible party, in the case of an advertising message whose publication was requested by a registered party or eligible party,

            • (ii) the financial agent of the registered association, in the case of an advertising message whose publication was requested by a registered association,

            • (iii) the financial agent of the nomination contestant, in the case of an advertising message whose publication was requested by a nomination contestant,

            • (iv) the official agent of the potential candidate or candidate, in the case of an advertising message whose publication was requested by a potential candidate or a candidate, and

            • (v) the financial agent of the registered third party, in the case of an advertising message whose publication was requested by a registered third party.

        • Publication period of registry

          (4) The owner or operator of the online platform shall publish in the registry referred to in subsection (2) the information referred to in subsection (3) for each partisan advertising message and each election advertising message during the following periods:

          • (a) in the case of a partisan advertising message, during the period that begins on the day on which the online platform first publishes the advertising message and ends two years after

            • (i) the end of the election period of the general election immediately following the pre-election period, or

            • (ii) the day referred to in paragraph (b) of the definition pre-election period if there is no general election immediately following the pre-election period; and

          • (b) in the case of an election advertising message, during the period that begins on the first day on which the online platform publishes such an advertising message and ends two years after the end of the election period.

        • Information to be kept after publication period

          (5) The owner or operator of the online platform shall keep the information that was included in the registry referred to in subsection (2) in respect of each partisan advertising message and each election advertising message for five years after the end of the applicable publication period referred to in subsection (4).

      • Information to be provided by advertiser

        325.2 A person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2).

  • — 2018, c. 31, s. 209

    • 209 The heading before section 326 of the English version of the Act is replaced by the following:

      Election Surveys

  • — 2018, c. 31, s. 210

      • 210 (1) Subsection 326(1) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

        • (g) the address of the Internet site on which a report referred to in subsection (3) is published.

      • (2) Subsection 326(2) of the Act is replaced by the following:

        • Additional information — published surveys

          (2) In addition to the information referred to in subsection (1), in the case of a transmission to the public by means other than broadcasting, the wording of the survey questions in respect of which data is obtained must be provided.

        • Notice of transmission of survey results

          (2.1) The first person who transmits to the public the results of an election survey — other than a survey that is described in section 327 — shall, if that person is not the sponsor of the survey, ensure that the sponsor of the survey has been notified, before the transmission, of the date on which the results are to be transmitted.

      • (3) The portion of subsection 326(3) of the Act before paragraph (a) is replaced by the following:

        • Report on survey results

          (3) A sponsor of an election survey — other than a survey that is described in section 327 — shall, during an election period, ensure that a report on the results of the survey is published and remains for the remainder of that period on an Internet site that is available to the public. The sponsor shall do so before transmitting the results of the survey, if they are the first person to transmit them or, if they are not, as soon as feasible after being notified of the date of transmission under subsection (2.1), and the report shall include the following, as applicable:

      • (4) Subsection 326(4) of the Act is repealed.

  • — 2018, c. 31, s. 213

    • 2001, c. 27, s. 211

      213 Section 331 of the Act and the heading before it are repealed.

  • — 2018, c. 31, s. 214

    • 2014, c. 12, s. 76
      • 214 (1) Paragraph 348.06(2)(b) of the English version of the Act is replaced by the following:

        • (b) the name of the person or group that is a party to the agreement;

      • (2) Subsection 348.06(2) of the Act is amended by adding the following after paragraph (b):

        • (b.1) the name of the person or group on whose behalf calls will be made under the agreement; and

  • — 2018, c. 31, s. 215

    • 2014, c. 12, s. 76
      • 215 (1) Paragraph 348.07(2)(b) of the English version of the Act is replaced by the following:

        • (b) the name of the person or group that is a party to the agreement;

      • (2) Subsection 348.07(2) of the Act is amended by adding the following after paragraph (b):

        • (b.1) the name of the person or group on whose behalf calls will be made under the agreement; and

  • — 2018, c. 31, s. 216

    • 2014, c. 12, s. 76

      216 Section 348.12 of the Act is replaced by the following:

      • Publication
        • 348.12 (1) As soon as feasible but no later than 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.

        • Clarification

          (2) Nothing in subsection (1) precludes the Canadian Radio-television and Telecommunications Commission from publishing, before polling day, any registration notice filed with it or any information related to any incomplete registration notice that is filed with it.

  • — 2018, c. 31, s. 217

    • 2014, c. 12, s. 77

      217 The heading of Division 2 of Part 16.1 of the Act is replaced by the following:

      Scripts, Recordings and Lists of Telephone Numbers

  • — 2018, c. 31, s. 218

    • 218 Section 348.16 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

      • (c) a list of every telephone number called under the agreement during the election period.

  • — 2018, c. 31, s. 219

    • 219 Section 348.17 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

      • (c) a list of every telephone number called under the agreement during the election period.

  • — 2018, c. 31, s. 220

    • 2014, c. 12, s. 77

      220 Sections 348.18 and 348.19 of the Act are replaced by the following:

      • Person or group — internal services

        348.18 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 person or group shall keep, for one year after the end of the election period,

        • (a) a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed; and

        • (b) a list of every telephone number called for that purpose during the election period.

      • Third party that is corporation or group — internal services

        348.19 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 shall, if a script is used, keep, for one year after the end of the election period,

        • (a) a copy of each unique script used and a record of every date on which the script was used; and

        • (b) a list of every telephone number called for that purpose during the election period.

  • — 2018, c. 31, s. 221

    • 221 The heading of Part 17 of the Act is replaced by the following:

      Third Party Advertising, Partisan Activities and Election Surveys

      Interpretation

  • — 2018, c. 31, s. 222

      • 222 (1) The definitions election advertising and election advertising expense in section 349 of the Act are repealed.

      • (2) The definition third party in section 349 of the Act is replaced by the following:

        third party

        third party means

        • (a) in Division 0.1, a person or a group other than

          • (i) during an election period, a candidate, a registered party or an electoral district association of a registered party, and

          • (ii) outside of an election period,

            • (A) a registered party or eligible party or a registered association,

            • (B) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

            • (C) a nomination contestant;

        • (a.1) in Division 1, a person or a group other than

          • (i) a registered party or eligible party or a registered association,

          • (ii) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

          • (iii) a nomination contestant; and

        • (b) in Division 2, a person or a group other than a candidate, a registered party or an electoral district association of a registered party. (tiers)

      • (3) Section 349 of the Act is amended by adding the following in alphabetical order:

        election survey

        election survey means an election survey that is conducted by, or caused to be conducted by, a third party — a person or group other than a political party that is registered under an Act of a province — during a pre-election period or an election period and whose results the person or group takes into account

        • (a) in deciding whether or not to organize and carry out partisan activities or to transmit partisan advertising messages or election advertising messages; or

        • (b) in their organization and carrying out of those activities or their transmission of those messages. (sondage électoral)

        election survey expense

        election survey expense means an expense incurred in respect of the conducting of an election survey

        • (a) in Division 1, during a pre-election period;

        • (b) in Division 2, during an election period; and

        • (c) in Division 3, during either a pre-election period or an election period. (dépenses de sondage électoral)

        partisan activity

        partisan activity means an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party — a person or group other than a political party that is registered under an Act of a province — and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. It does not include election advertising, partisan advertising or a fundraising activity. (activité partisane)

        partisan activity expense

        partisan activity expense means an expense incurred in respect of the organization and carrying out of a partisan activity. (dépenses d’activité partisane)

        registered third party

        registered third party means a third party that is registered under section 349.6 or 353. (tiers enregistré)

  • — 2018, c. 31, s. 223

    • 223 The Act is amended by adding the following after section 349:

      DIVISION 0.1Prohibition on Use of Foreign Funds by Third Parties

      • Definitions
        • 349.01 (1) The following definitions apply in this Division.

          advertising

          advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

          • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

          • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

          • (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

          • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

          • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

          • (f) the making of telephone calls to electors only to encourage them to vote. (publicité)

          foreign entity

          foreign entity includes

          • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

          • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;

          • (c) a trade union that does not hold bargaining rights for employees in Canada;

          • (d) a foreign political party; or

          • (e) a foreign government or an agent or mandatary of one. (entité étrangère)

        • Definition of advertising

          (2) For the purposes of the definition advertising, promoting or opposing includes

          • (a) in relation to a registered party or eligible party,

            • (i) naming it,

            • (ii) identifying it, including by its logo, and

            • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

          • (b) in relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,

            • (i) naming him or her,

            • (ii) showing a photograph, cartoon or drawing of him or her,

            • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

            • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

      • Prohibition — use of foreign funds

        349.02 No third party shall use funds for a partisan activity, for advertising, for election advertising or for an election survey if the source of the funds is a foreign entity.

      • Prohibition — circumventing prohibition on use of foreign funds

        349.03 No third party shall

        • (a) circumvent, or attempt to circumvent, the prohibition under section 349.02; or

        • (b) act in collusion with another person or entity for that purpose.

      DIVISION 1Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period

      • Maximum pre-election period expenses
        • 349.1 (1) Subject to section 349.4, a third party shall not incur the following expenses in an aggregate amount of more than $700,000:

          • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

          • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

          • (c) election survey expenses in relation to election surveys that are conducted during that period.

        • Maximum pre-election period expenses — electoral district

          (2) Not more than $7,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more potential candidates or nomination contestants in a given electoral district.

        • Expenses — party leader

          (3) The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.

        • Third party inflation adjustment factor

          (4) The amounts referred to in subsections (1) and (2) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

      • Prohibition — circumventing maximum amount

        349.2 A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 349.1 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, partisan advertising expenses and election survey expenses exceed the maximum amount.

      • Prohibition — collusion with registered party
        • 349.3 (1) No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

        • Prohibition — collusion with potential candidate

          (2) No third party and no potential candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

        • Prohibition — collusion with associated person

          (3) No third party and no person associated with a potential candidate’s activities undertaken with a view to the potential candidate’s eventual election — including an official agent of a potential candidate who is deemed to be a candidate under section 477 — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

      • Prohibition — spending by foreign third parties
        • 349.4 (1) A foreign third party shall not incur the following expenses:

          • (a) partisan activity expenses in relation to a partisan activity that is carried out during a pre-election period;

          • (b) partisan advertising expenses in relation to a partisan advertising message that is transmitted during that period; and

          • (c) election survey expenses in relation to an election survey that is conducted during that period.

        • Definition of foreign third party

          (2) In subsection (1), a foreign third party is a third party in respect of which

          • (a) if the third party is an individual, the individual

          • (b) if the third party is a corporation or entity,

            • (i) it does not carry on business in Canada, or its only activity carried on in Canada during a pre-election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the following election, and

            • (ii) it was incorporated, formed or otherwise organized outside Canada; and

          • (c) if the third party is a group, no person who is responsible for the group

      • Advertising to name third party

        349.5 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any partisan advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.

      • Registration requirement for third parties
        • 349.6 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

          • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

          • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

          • (c) election survey expenses in relation to election surveys that are conducted during that period.

          However, the third party may not register before the beginning of the pre-election period.

        • Application for registration

          (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

          • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that

          • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;

          • (c) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that

          • (d) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

          • (e) the name, address and telephone number of the third party’s financial agent.

        • Declaration of financial agent to accompany application

          (3) An application under subsection (2) shall be accompanied by a declaration signed by the financial agent accepting the appointment.

        • New financial agent

          (4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

        • Trade union or corporation

          (5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, partisan advertising expenses and election survey expenses.

        • Examination of application

          (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

        • Application rejected

          (7) A third party may not be registered under a name that, in the Chief Electoral Officer’s opinion, is likely to be confused with the name of a registered party or eligible party, a potential candidate, a nomination contestant, a candidate, a leadership contestant, a leader of a registered party or eligible party or a registered third party.

        • Registration ends

          (8) Subject to subsection 353(1.1), the registration of a third party is valid only for the pre-election period during which the application is made, but the third party continues to be subject to this Part.

      • Appointment of financial agent
        • 349.7 (1) A third party that is required to register under subsection 349.6(1) shall appoint a financial agent, who may be a person who is authorized to sign an application for registration made under that subsection.

        • Financial agent — ineligible persons

          (2) The following persons are not eligible to be a financial agent of a third party:

          • (a) an election officer or a member of the staff of a returning officer;

          • (b) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

          • (c) the chief agent of a registered party or eligible party;

          • (d) a registered agent of a registered party;

          • (e) a nomination contestant or their financial agent;

          • (f) a leadership contestant or their leadership campaign agent; and

          • (g) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

      • Requirement to appoint auditor
        • 349.8 (1) A third party that is required to register under subsection 349.6(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

          • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

          • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

          • (c) election survey expenses in relation to election surveys that are conducted during that period.

        • Eligibility criteria

          (2) The following are eligible to be an auditor for a third party:

          • (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

          • (b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

        • Auditor — ineligible persons

          (3) The following persons are not eligible to be an auditor for a third party:

          • (a) the third party’s financial agent;

          • (b) a person who signed the application made under subsection 349.6(2);

          • (c) an election officer or a member of the staff of a returning officer;

          • (d) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

          • (e) the chief agent of a registered party or eligible party;

          • (f) a registered agent of a registered party;

          • (g) a nomination contestant or their financial agent; and

          • (h) a leadership contestant or their leadership campaign agent.

        • Notification of appointment

          (4) Every third party, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a declaration signed by the auditor accepting the appointment.

        • New auditor

          (5) If a third party’s auditor is replaced, it shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a declaration signed by the new auditor accepting the appointment.

      • Responsibilities of financial agent
        • 349.9 (1) Every contribution made during a pre-election period to a registered third party for partisan activity, partisan advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, partisan advertising expense or election survey expense incurred during a pre-election period on behalf of a registered third party shall be authorized by its financial agent.

        • Delegation

          (2) A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, partisan advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.

      • Interim third-party expenses return
        • 349.91 (1) Every third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer within 5 days after the day on which it became required to be registered in accordance with that subsection, if the third party

          • (a) has incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the day on which it became required to be registered in accordance with subsection 349.6(1); or

          • (b) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

        • Contents of return

          (2) The interim third-party expenses return shall contain

          • (a) a list of partisan activity expenses referred to in subsection 349.1(2) incurred during the period referred to in paragraph (1)(a) and the date and place of the partisan activities to which the expenses relate;

          • (b) a list of partisan advertising expenses referred to in subsection 349.1(2) incurred during that period and the date and place of the transmission of the partisan advertising messages to which the expenses relate;

          • (c) a list of election survey expenses referred to in subsection 349.1(2) incurred during that period and the date of the election surveys to which the expenses relate; and

          • (d) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) incurred during that period — other than those referred to in paragraphs (a) to (c) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

        • When no expenses

          (3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

        • Contributions

          (4) The interim third-party expenses return shall include

          • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(a);

          • (b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(a), their name, address and class, and the amount and date of each contribution;

          • (c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

          • (d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(a) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

        • Exceptions

          (5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed under subsection 359(1) in respect of

          • (a) a by-election that was held after the general election referred to in paragraph (1)(a); or

          • (b) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).

        • Loans

          (6) For the purpose of subsection (4), a contribution includes a loan.

        • Categories

          (7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

          • (a) individuals;

          • (b) businesses;

          • (c) commercial organizations;

          • (d) governments;

          • (e) trade unions;

          • (f) corporations without share capital other than trade unions; and

          • (g) unincorporated organizations or associations other than trade unions.

        • Names to be provided

          (8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

        • Declaration

          (9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

          • (a) the third party’s financial agent; and

          • (b) if different from the financial agent, the person who signed the application made under subsection 349.6(2).

        • Supporting documents

          (10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

      • Interim third-party expenses return
        • 349.92 (1) Every third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on September 15, if the third party

          • (a) has incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the earlier of September 14 and the last day of the pre-election period; or

          • (b) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

        • Section 349.91 applies

          (2) Subsections 349.91(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(a) of section 349.91 shall be read as a reference to the period referred to in paragraph (1)(a) of this section.

        • Exception

          (3) In addition to the exceptions set out in subsection 349.91(5), the interim third-party expenses return need not include any information referred to in subsections 349.91(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 349.91(1).

        • Application

          (4) This section applies only in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2.

      • Prohibition — false, misleading or incomplete return

        349.93 No third party shall file under subsection 349.91(1) or 349.92(1) an interim third-party expenses return that

        • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

        • (b) does not substantially set out the information required under section 349.91 or 349.92, as the case may be.

      • Prohibition — use of certain contributions

        349.94 No third party shall use a contribution made for partisan activity, partisan advertising or election survey purposes for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 349.91(7) the contributor falls:

        • (a) a partisan activity that is carried out during a pre-election period;

        • (b) a partisan advertising message that is transmitted during that period; and

        • (c) an election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit partisan advertising messages during that period.

      DIVISION 2Partisan Activities, Election Advertising and Election Surveys During Election Period

  • — 2018, c. 31, s. 224

    • 2014, c. 12, ss. 78(1) and (2)
      • 224 (1) Subsections 350(1) to (4.1) of the Act are replaced by the following:

        • Maximum election period expenses
          • 350 (1) Subject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $350,000:

            • (a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a general election;

            • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

            • (c) election survey expenses in relation to election surveys that are conducted during that period.

          • Maximum election period expenses — electoral district

            (2) Not more than $3,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district.

          • Expenses — party leader

            (3) The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.

          • Maximum election period expenses — by-election

            (4) Subject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $3,000 in a given electoral district:

            • (a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a by-election;

            • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

            • (c) election survey expenses in relation to election surveys that are conducted during that period.

          • Uncancellable spending

            (4.1) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, or of a by-election, a third party is deemed not to have incurred a partisan activity expense, an election advertising expense or an election survey expense if, on the issue of the writ or writs, it is not able to cancel the activity, the transmission of the advertising message or the survey, as the case may be, that the expense is in relation to.

      • 2014, c. 12, s. 78(2)

        (2) Subsection 350(5) of the French version of the Act is replaced by the following:

        • Indexation

          (5) Les sommes visées aux paragraphes (1), (2) et (4) sont multipliées par le facteur d’ajustement à l’inflation visé à l’article 384, applicable à la date de délivrance du ou des brefs.

      • 2014, c. 12, s. 78(2)

        (3) Subsection 350(6) of the Act is repealed.

  • — 2018, c. 31, s. 225

    • 2014, c. 12, s. 78.1

      225 Sections 351 to 352 of the Act are replaced by the following:

      • Prohibition — circumventing maximum amount

        351 A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, election advertising expenses and election survey expenses exceed the maximum amount.

      • Prohibition — collusion with registered party
        • 351.01 (1) No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

        • Prohibition — collusion with candidate

          (2) No third party and no candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

        • Prohibition — collusion with associated person

          (3) No third party and no person associated with a candidate’s campaign — including a candidate’s official agent — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

      • Prohibition — spending by foreign third parties
        • 351.1 (1) A foreign third party shall not incur the following expenses:

          • (a) partisan activity expenses in relation to a partisan activity that is carried out during an election period;

          • (b) election advertising expenses in relation to an election advertising message that is transmitted during that period; and

          • (c) election survey expenses in relation to an election survey that is conducted during that period.

        • Definition of foreign third party

          (2) In subsection (1), a foreign third party is a third party in respect of which

          • (a) if the third party is an individual, the individual

          • (b) if the third party is a corporation or entity,

            • (i) it does not carry on business in Canada, or its primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election, and

            • (ii) it was incorporated, formed or otherwise organized outside Canada; and

          • (c) if the third party is a group, no person who is responsible for the group

      • Advertising to name third party

        352 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any election advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.

  • — 2018, c. 31, s. 226

    • 2014, c. 12, s. 79(1)
      • 226 (1) Subsection 353(1) of the Act is replaced by the following:

        • Registration requirement for third parties
          • 353 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

            • (a) partisan activity expenses in relation to partisan activities that are carried out during an election period;

            • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

            • (c) election survey expenses in relation to election surveys that are conducted during that period.

            However, the third party may not register before the issue of the writ.

          • Exception — deemed registration

            (1.1) A third party that registered under subsection 349.6(1) during a pre-election period that ends the day before the day of the issue of the writ and that is also required to register under subsection (1) is deemed to be registered under that subsection (1).

      • 2014, c. 12, s. 79(2)

        (2) Paragraphs 353(2)(a) to (c) of the Act are replaced by the following:

        • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that

        • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;

        • (b.1) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that

        • (c) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

      • (3) Subsection 353(5) of the Act is replaced by the following:

        • Trade union or corporation

          (5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, election advertising expenses and election survey expenses.

      • (4) Subsection 353(8) of the Act is replaced by the following:

        • Registration ends

          (8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file a third-party expenses return under subsection 359(1).

  • — 2018, c. 31, s. 227

      • 227 (1) Subsection 354(1) of the French version of the Act is replaced by the following:

        • Nomination d’un agent financier
          • 354 (1) Le tiers tenu de s’enregistrer en application du paragraphe 353(1) doit nommer un agent financier; celui-ci peut être la personne autorisée à signer la demande d’enregistrement visée à ce paragraphe.

      • (2) Section 354 of the Act is amended by adding the following after subsection (1):

        • Exception — deemed appointment

          (1.1) If, at the end of the pre-election period before a general election referred to in paragraph 353(1)(a), a third party has a financial agent who was appointed under subsection 349.7(1), the financial agent is deemed to have been appointed under subsection (1).

      • (3) Paragraph 354(2)(c) of the English version of the Act is replaced by the following:

        • (c) an election officer or a member of the staff of a returning officer; and

  • — 2018, c. 31, s. 228

      • 228 (1) Subsection 355(1) of the Act is replaced by the following:

        • Requirement to appoint auditor
          • 355 (1) A third party that is required to register under subsection 353(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

            • (a) partisan activity expenses in respect of partisan activities that take place during an election period;

            • (b) election advertising expenses in respect of election advertising messages that are transmitted during that period; and

            • (c) election survey expenses in relation to that period.

          • Exception — deemed appointment

            (1.1) If, when the obligation under subsection (1) to appoint an auditor applies, a third party has an auditor who was appointed under subsection 349.8(1), the auditor is deemed to have been appointed under subsection (1).

      • (2) Paragraph 355(3)(c) of the Act is replaced by the following:

        • (c) an election officer or a member of the staff of a returning officer;

  • — 2018, c. 31, s. 229

    • 229 Section 356 of the Act is repealed.

  • — 2018, c. 31, s. 230

      • 230 (1) Subsection 357(1) of the Act is replaced by the following:

        • Responsibilities of financial agent
          • 357 (1) Every contribution made during an election period to a registered third party for partisan activity, election advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, election advertising expense and election survey expense incurred during an election period on behalf of a registered third party shall be authorized by its financial agent.

      • (2) Subsection 357(2) of the English version of the Act is replaced by the following:

        • Delegation

          (2) A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, election advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.

      • (3) Subsection 357(3) of the Act is repealed.

  • — 2018, c. 31, s. 231

    • 231 The Act is amended by adding the following after section 357:

      • Interim third party expenses return
        • 357.01 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 21st day before polling day, if the third party

          • (a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

          • (b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before polling day; or

          • (c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

        • Contents of return

          (2) The interim third-party expenses return shall contain

          • (a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,

            • (i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,

            • (ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,

            • (iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and

            • (iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and

          • (b) in the case of any general election,

            • (i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,

            • (ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,

            • (iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and

            • (iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

        • When no expenses

          (3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

        • Contributions

          (4) The interim third-party expenses return shall include

          • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);

          • (b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution;

          • (c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

          • (d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(b) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

        • Exceptions

          (5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed

          • (a) under subsection 359(1) in respect of

            • (i) a by-election that was held after the general election referred to in paragraph (1)(b), or

            • (ii) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1); or

          • (b) under subsection 349.91(1) or 349.92(1).

        • Loans

          (6) For the purpose of subsection (4), a contribution includes a loan.

        • Categories

          (7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

          • (a) individuals;

          • (b) businesses;

          • (c) commercial organizations;

          • (d) governments;

          • (e) trade unions;

          • (f) corporations without share capital other than trade unions; and

          • (g) unincorporated organizations or associations other than trade unions.

        • Names to be provided

          (8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(b) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

        • Declaration

          (9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

          • (a) the third party’s financial agent; and

          • (b) if different from the financial agent, the person who signed the application made under subsection 349.6(2) or 353(2), as the case may be.

        • Supporting documents

          (10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

      • Interim third-party expenses return
        • 357.02 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 7th day before polling day, if the third party

          • (a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

          • (b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 9th day before polling day; or

          • (c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

        • Section 357.01 applies

          (2) Subsections 357.01(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(b) of section 357.01 shall be read as a reference to the period referred to in paragraph (1)(b) of this section.

        • Exception

          (3) In addition to the exceptions set out in subsection 357.01(5), the interim third-party expenses return need not include any information referred to in subsections 357.01(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 357.01(1).

      • Prohibition — false, misleading or incomplete return

        357.03 No third party shall file under subsection 357.01(1) or 357.02(1) an interim third-party expenses return that

        • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

        • (b) does not substantially set out the information required under section 357.01 or 357.02, as the case may be.

      • Prohibition — use of certain contributions

        357.1 No third party shall use a contribution for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) the contributor falls:

        • (a) a partisan activity that is carried out during an election period;

        • (b) an election advertising message that is transmitted during that period; and

        • (c) an election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit election advertising messages during that period.

  • — 2018, c. 31, s. 232

    • 2001, c. 27, s. 213

      232 Section 358 of the Act is repealed.

  • — 2018, c. 31, s. 233

    • 233 The Act is amended by adding the following after section 358:

      DIVISION 3Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns

      • Bank account
        • 358.1 (1) A third party that is required to register under subsection 349.6(1) — or under subsection 353(1), if it was not required to register under subsection 349.6(1) — shall open a separate bank account for the sole purpose of its partisan activities that are carried out or to be carried out during a pre-election period or an election period, partisan advertising, election advertising and election surveys.

        • Financial institution

          (2) The account shall be in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

        • Payments and receipts

          (3) All of the third party’s financial transactions in relation to its partisan activities referred to in subsection (1), partisan advertising, election advertising and election surveys that involve the payment or receipt of money are to be paid from or deposited to the account.

        • Closure of bank account

          (4) After polling day, the third party shall close the account once all unpaid claims and any outstanding balance have been dealt with.

        • Final statement of bank account

          (5) The third party shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

      • Registry of third parties

        358.2 The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of registered third parties in which is recorded, in relation to each one, the information referred to in subsections 349.6(2), 349.8(4) and (5), 353(2) and 355(4) and (5).

  • — 2018, c. 31, s. 234

    • 2001, c. 21, ss. 20(1), (2)(E) and (3)
      • 234 (1) Subsections 359(1) to (3) of the Act are replaced by the following:

        • Third-party expenses return
          • 359 (1) Every third party that is required to be registered in accordance with subsection 349.6(1) or 353(1) shall file a third-party expenses return in the prescribed form with the Chief Electoral Officer within four months after polling day.

          • Contents of return

            (2) The third-party expenses return shall contain

            • (a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,

              • (i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,

              • (ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,

              • (iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and

              • (iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate;

            • (b) in the case of any general election,

              • (i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,

              • (ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,

              • (iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and

              • (iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and

            • (c) in the case of a by-election, a list of partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(4) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

          • When no expenses

            (3) If a third party has not incurred expenses referred to in paragraph (2)(a), (b) or (c), that fact shall be indicated in its third-party expenses return.

      • (2) The portion of subsection 359(4) of the Act before paragraph (b.1) is replaced by the following:

        • Contributions

          (4) The third-party expenses return shall include

          • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on that polling day referred to in that subsection;

          • (b) subject to paragraph (b.1), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a), their name, address and class, and the amount and date of each contribution;

      • (3) Paragraph 359(4)(c) of the Act is replaced by the following:

        • (c) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

      • (4) Section 359 of the Act is amended by adding the following after subsection (4):

        • Exceptions

          (4.1) The third-party expenses return need not include any information referred to in subsection (4) that was included in a third-party expenses return that the third party previously filed under subsection (1) in respect of

          • (a) a by-election that was held after the general election referred to in paragraph (4)(a); or

          • (b) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).

      • (5) Paragraph 359(6)(g) of the French version of the Act is replaced by the following:

        • g) organismes ou associations non constitués en personne morale autres que les syndicats.

      • (6) Subsections 359(7) to (9) of the Act are replaced by the following:

        • Names to be provided

          (7) If the third party is unable to identify which contributions were received during the period referred to in paragraph (4)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the third-party expenses return shall include, subject to paragraph (4)(b.1), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

        • Declaration

          (8) A third-party expenses return shall include a declaration that the return is accurate signed by

          • (a) the third party’s financial agent; and

          • (b) if different from the financial agent, the person who signed the application made under subsection 353(2) or — if subsection 353(1.1) applies — 349.6(2).

        • Supporting documents

          (9) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

  • — 2018, c. 31, s. 235

    • 235 The Act is amended by adding the following after section 359:

      • Prohibition — false, misleading or incomplete document

        359.1 No third party shall file under subsection 359(1) a third-party expenses return that

        • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

        • (b) does not substantially set out the information required under section 359.

  • — 2018, c. 31, s. 236

      • 236 (1) Subsections 360(1) and (2) of the Act are replaced by the following:

        • Auditor’s report
          • 360 (1) If a third party incurs partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses in an aggregate amount of $10,000 or more, its third-party expenses return filed under subsection 359(1) shall include a report made under subsection (2).

          • Auditor’s report

            (2) The third party’s auditor shall report on the third-party expenses return and shall make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the accounting records on which it is based.

      • (2) Paragraph 360(3)(a) of the Act is replaced by the following:

        • (a) the third-party expenses return that is the subject of the report does not present fairly the information contained in the accounting records on which it is based;

      • (3) Subsection 360(4) of the Act is replaced by the following:

        • Right of access

          (4) The auditor shall have access at any reasonable time to all of the third party’s documents that, in the auditor’s opinion, are necessary to enable the auditor to prepare the report, and may require the third party to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.

  • — 2018, c. 31, s. 237

    • 237 Section 361 of the Act is replaced by the following:

      • Minor corrections — Chief Electoral Officer
        • 361 (1) The Chief Electoral Officer may correct a third-party expenses return filed under subsection 359(1) if the correction does not materially affect its substance.

        • Corrections or revisions at request of Chief Electoral Officer

          (2) The Chief Electoral Officer may in writing request a third party to correct or revise, within a specified period, a third-party expenses return filed under subsection 359(1).

        • Deadline for correction or revision

          (3) If the Chief Electoral Officer requests a correction or revision, the third party shall provide him or her with the corrected or revised version of the return within the specified period.

      • Extensions — Chief Electoral Officer
        • 361.1 (1) The Chief Electoral Officer, on the written application of a third party, shall authorize the extension of the period referred to in subsection 359(1) unless he or she is satisfied that the third party’s failure to file the third-party expenses return under that subsection was deliberate or was the result of the third party’s failure to exercise due diligence.

        • Deadline

          (2) The application may be made within the period referred to in subsection 359(1) or within two weeks after the end of that period.

      • Corrections or revisions — Chief Electoral Officer
        • 361.2 (1) The Chief Electoral Officer, on the written application of a third party, shall authorize the correction or revision of a third-party expenses return filed under subsection 359(1) if he or she is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.

        • Application made without delay

          (2) The application shall be made immediately after the third party becomes aware of the need for correction or revision.

        • Deadline for corrections or revisions

          (3) The third party shall provide the Chief Electoral Officer with the corrected or revised version of the return within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

        • New deadline

          (4) The Chief Electoral Officer, on the written application of the third party made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

        • Extension of new deadline

          (5) The Chief Electoral Officer, on the written application of the third party made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

      • Extensions, corrections or revisions — judge
        • 361.3 (1) A third party may apply to a judge for an order

          • (a) relieving the third party from the obligation to comply with a request referred to in subsection 361(2);

          • (b) authorizing an extension referred to in subsection 361.1(1); or

          • (c) authorizing a correction or revision referred to in subsection 361.2(1).

          The third party shall notify the Chief Electoral Officer that the application has been made.

        • Deadline

          (2) The application may be made

          • (a) under paragraph (1)(a), within the specified period referred to in subsection 361(2) or within the two weeks after the end of that period;

          • (b) under paragraph (1)(b), within two weeks after, as the case may be,

            • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 361.1(2), the end of the two-week period referred to in that subsection,

            • (ii) the rejection of an application for an extension made in accordance with section 361.1, or

            • (iii) the end of the extended period referred to in subsection 361.1(1); or

          • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 361.2.

        • Grounds — extension

          (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the third party’s failure to file the required third-party expenses return was deliberate or was the result of the third party’s failure to exercise due diligence.

        • Grounds — corrections or revisions

          (4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.

        • Contents of order

          (5) The order may require that the third party satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • — 2018, c. 31, s. 238

    • 238 Section 362 of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

      • (a.1) publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);

      • (b) publish, within one year after the issue of the writ, returns filed under subsection 359(1); and

      • (c) publish, as soon as feasible, a corrected or revised version of a return filed under subsection 359(1) and published under paragraph (b).

  • — 2018, c. 31, s. 239

      • 239 (1) Section 364 of the Act is amended by adding the following after subsection (1):

        • Exclusion — litigation expenses and personal expenses

          (1.1) For the purposes of this Act, any money that is used out of a nomination contestant’s, candidate’s or leadership contestant’s own funds to pay a litigation expense or personal expense is not a contribution if it has not been deposited into the bank account referred to in

          • (a) subsection 476.65(1), in the case of a nomination contestant;

          • (b) subsection 477.46(1), in the case of a candidate; or

          • (c) subsection 478.72(1), in the case of a leadership contestant.

      • 2014, c. 12, s. 86

        (2) Section 364 of the Act is amended by adding the following after subsection (8):

        • Prohibition

          (9) No person or entity other than an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall pay fees to attend an annual or biennial convention or leadership convention of a particular registered party, or pay fees on behalf of another individual for them to attend such a convention.

  • — 2018, c. 31, s. 240

    • 2014, c. 12, s. 86

      240 Subsection 367(7) of the Act is amended by adding the following after paragraph (b):

      For greater certainty, contributions made by a candidate under subsection (1) to a registered party or a registered association that later transfers funds to the candidate for the purpose of their campaign do not have the effect of reducing the amount that the candidate may contribute under this subsection.

  • — 2018, c. 31, s. 241

    • 2014, c. 12, s. 86

      241 Subsection 368(3) of the Act is replaced by the following:

      • Prohibition — accepting excessive contributions

        (3) No person who is permitted to accept contributions under this Act shall accept a contribution that exceeds a limit under this Act.

  • — 2018, c. 31, s. 242

    • 2014, c. 12, s. 86

      242 Section 372 of the Act is replaced by the following:

      • Return of contributions

        372 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or (6) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

  • — 2018, c. 31, s. 243

    • 243 The Act is amended by adding the following before section 375:

      • Nomination campaign expenses
        • 374.1 (1) A nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, including

          • (a) a nomination contest expense;

          • (b) a litigation expense;

          • (c) travel and living expenses;

          • (d) a personal expense; and

          • (e) any fees of an auditor appointed under subsection 476.77(1) that have not been reimbursed by the Receiver General.

        • Exclusions — administrative monetary penalties, etc.

          (2) For greater certainty, none of the following is a nomination campaign expense:

          • (a) the amount of any administrative monetary penalty imposed under Part 19;

          • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

          • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

      • Nomination contest expenses
        • 374.2 (1) A nomination contest expense is any of the following:

          • (a) any cost incurred, or non-monetary contribution received, by a nomination contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a nomination contestant during a nomination contest; and

          • (b) any acceptance by a nomination contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a nomination contestant during a nomination contest.

        • Exclusion — fundraising

          (2) Expenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not nomination contest expenses under subsection (1).

        • Inclusions

          (3) A nomination contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

          • (a) the production of advertising or promotional material;

          • (b) the distribution, broadcast or publication of such material in any media or by any other means during the nomination contest, including by the use of a capital asset;

          • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

          • (d) securing a meeting space or the supply of light refreshments at meetings;

          • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

          • (f) the conduct of surveys or research during a nomination contest.

        • Definition of cost incurred

          (4) In this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.

      • Litigation expenses — nomination contestants

        374.3 A litigation expense of a nomination contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.

      • Personal expenses — nomination contestants
        • 374.4 (1) A nomination contestant’s personal expenses include

          • (a) childcare expenses;

          • (b) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

          • (c) in the case of a contestant who has a disability, additional expenses that are related to the disability.

        • Exclusions — travel and living expenses, etc.

          (2) Neither litigation expenses nor travel and living expenses are personal expenses of a nomination contestant.

  • — 2018, c. 31, s. 244

      • 244 (1) Section 375 of the Act is amended by adding the following after paragraph (a):

        • (a.1) a litigation expense;

        • (a.2) travel and living expenses;

        • (a.3) an accessibility expense;

      • 2014, c. 12, s. 86

        (2) Paragraph 375(c) of the Act is replaced by the following:

        • (c) any fees of an auditor appointed under subsection 477.1(2) that have not been reimbursed by the Receiver General.

      • (3) Section 375 of the Act is renumbered as subsection 375(1) and is amended by adding the following:

        • Exclusions — administrative monetary penalties, etc.

          (2) For greater certainty, none of the following is an electoral campaign expense:

          • (a) the amount of any administrative monetary penalty imposed under Part 19;

          • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

          • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

  • — 2018, c. 31, s. 245

    • 245 Section 376 of the Act is amended by adding the following after subsection (3):

      • Exclusion — accessibility expenses

        (3.1) An accessibility expense of a registered party or a candidate, as the case may be, is not an election expense of that party or candidate.

  • — 2018, c. 31, s. 246

    • 246 The Act is amended by adding the following after section 376:

      • Partisan advertising expenses

        376.1 A partisan advertising expense of a registered party or an electoral district association of a registered party, as the case may be, includes any of the following:

        • (a) any non-monetary contribution received by the party or association, to the extent that the property or service that was received as a non-monetary contribution is used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public; and

        • (b) any acceptance by the party or association of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public.

  • — 2018, c. 31, s. 247

    • 247 Section 377 of the Act is renumbered as subsection 377(1) and is amended by adding the following:

      • Calculation

        (2) For the purpose of subsection (1), in calculating what a ticket bearer is entitled to obtain, to be included in the calculation is

        • (a) the cost of any goods or services received by the ticket bearer personally, such as meals and promotional products; and

        • (b) their share of any general expenses incurred by the registered party, registered association, nomination contestant, candidate or leadership contestant, as the case may be, in holding the activity, such as expenses incurred for the rental of a meeting space or for any audiovisual equipment used.

  • — 2018, c. 31, s. 248

    • 248 The Act is amended by adding the following after section 377:

      • Litigation expenses — candidates

        377.1 A litigation expense of a candidate is an expense of the candidate related to any of the following requests or applications, including an expense related to any appeal or judicial review arising from the request or the application:

        • (a) a request or an application made under Part 14;

        • (b) an application to a judge made under this Part; and

        • (c) an application to contest the election in the candidate’s electoral district.

      • Accessibility expenses
        • 377.2 (1) An accessibility expense of a registered party or a candidate, as the case may be, is any of the following:

          • (a) the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used solely to make accessible, to persons with a disability, materials used or activities held during an election period;

          • (b) the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):

            • (i) the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, and

            • (ii) the amount equal to the value of the property or service if the materials or activities had not been accessible to persons with a disability;

          • (c) the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used solely to make accessible, to persons with a disability, materials used or activities held during an election period; and

          • (d) the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):

            • (i) the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, and

            • (ii) the amount equal to the value of the goods or services if the materials or activities had not been accessible to persons with a disability.

        • Exclusion — fundraising, etc.

          (2) An amount referred to in subsection (1) that is related to a fundraising activity, to the nomination of a person as a candidate or to the selection of a person as leader of a registered party is not an accessibility expense.

        • Definition of cost incurred

          (3) In subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.

  • — 2018, c. 31, s. 249

    • 2014, c. 12, s. 86
      • 249 (1) Paragraph 378(1)(a) of the Act is repealed.

      • 2014, c. 12, s. 86

        (2) Subsection 378(2) of the Act is replaced by the following:

        • Exclusions — travel and living expenses, etc.

          (2) Neither litigation expenses nor travel and living expenses are personal expenses of a candidate.

  • — 2018, c. 31, s. 250

    • 250 The Act is amended by adding the following after section 378:

      • Categories of certain expenses and maximums

        378.1 The Chief Electoral Officer may establish, in respect of candidates, categories of personal expenses and of travel and living expenses and may fix maximum amounts of expenses that may be incurred in each category.

  • — 2018, c. 31, s. 251

    • 251 The Act is amended by adding the following after section 379:

      • Leadership campaign expenses
        • 379.1 (1) A leadership campaign expense of a leadership contestant is an expense reasonably incurred as an incidence of the leadership contest, including

          • (a) a leadership contest expense;

          • (b) a litigation expense;

          • (c) travel and living expenses;

          • (d) a personal expense; and

          • (e) any fees of an auditor appointed under Division 6 of Part 18 that have not been reimbursed by the Receiver General.

        • Exclusions — administrative monetary penalties, etc.

          (2) For greater certainty, none of the following is a leadership campaign expense:

          • (a) the amount of any administrative monetary penalty imposed under Part 19;

          • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

          • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

      • Leadership contest expenses
        • 379.2 (1) A leadership contest expense is any of the following:

          • (a) any cost incurred, or non-monetary contribution received, by a leadership contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a leadership contestant during a leadership contest; and

          • (b) any acceptance by a leadership contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a leadership contestant during a leadership contest.

        • Exclusion — fundraising

          (2) Expenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not leadership contest expenses under subsection (1).

        • Inclusions

          (3) A leadership contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

          • (a) the production of advertising or promotional material;

          • (b) the distribution, broadcast or publication of such material in any media or by any other means during the leadership contest, including by the use of a capital asset;

          • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

          • (d) securing a meeting space or the supply of light refreshments at meetings;

          • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

          • (f) the conduct of surveys or research during a leadership contest.

        • Definition of cost incurred

          (4) In this section, cost incurred means an expense that is incurred by a leadership contestant, whether it is paid or unpaid.

      • Litigation expenses — leadership contestants

        379.3 A litigation expense of a leadership contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.

      • Personal expenses — leadership contestants
        • 379.4 (1) A leadership contestant’s personal expenses include

          • (a) childcare expenses;

          • (b) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

          • (c) in the case of a contestant who has a disability, additional expenses that are related to the disability.

        • Exclusions — travel and living expenses, etc.

          (2) Neither litigation expenses nor travel and living expenses are personal expenses of a leadership contestant.

  • — 2018, c. 31, s. 252

    • 252 Subsection 382(3) of the Act is amended by adding the following after paragraph (a):

      • (a.1) the total litigation expenses;

      • (a.2) the total travel and living expenses that are related to travel and sojourns during the election period;

      • (a.3) the total accessibility expenses;

  • — 2018, c. 31, s. 253

    • 2014, c. 12, s. 86; 2015, c. 37, s. 3

      253 Section 383 of the Act is repealed.

  • — 2018, c. 31, s. 254(2)

      • 254 (2) Section 385 of the Act is amended by adding the following after subsection (2):

        • Short-form name

          (2.1) The Chief Electoral Officer may establish a maximum length for a political party’s short-form name that is to be shown in election documents.

  • — 2018, c. 31, s. 256

    • 256 Section 390 of the Act is amended by adding the following after subsection (5):

      • Eligible party deemed registered

        (6) For the purposes of section 429.1 and — despite subsection (5) — sections 363 and 367, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the first day of the pre-election period — if any — before the election period of the election referred to in that subsection.

  • — 2018, c. 31, s. 259

    • 2014, c. 12, s. 86

      259 Subsection 408(5) of the Act is replaced by the following:

      • Prohibition — false or misleading declaration

        (5) No person shall make a declaration referred to in paragraph 385(2)(i) or subsection 407(2) that they know is false or misleading.

  • — 2018, c. 31, s. 261

    • 261 Section 426 of the Act is amended by adding the following after subsection (2):

      • Expenses incurred by registered agent other than chief agent

        (2.1) Despite subsection (2), a registered agent — other than the chief agent — of a registered party shall, before incurring the party’s expenses, obtain the written authorization of the chief agent to incur those expenses, and shall incur them only in accordance with that authorization.

  • — 2018, c. 31, s. 262

    • 262 The Act is amended by adding the following after section 429:

      Maximum Partisan Advertising Expenses
      • Maximum partisan advertising expenses
        • 429.1 (1) The maximum amount that is allowed for partisan advertising expenses of a registered party for a pre-election period is $1,400,000.

        • Inflation adjustment factor

          (2) The amount referred to in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

      • Prohibition — partisan advertising expenses more than maximum amount
        • 429.2 (1) No chief agent of a registered party shall incur partisan advertising expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 429.1.

        • Prohibition — circumventing maximum amount

          (2) No registered party shall circumvent, or attempt to circumvent, that maximum amount in any manner, including by acting in collusion with a potential candidate for the purpose of his or her engaging in partisan advertising so that the combined total of the following exceeds the maximum amount:

          • (a) the potential candidate’s partisan advertising expenses that relate to the partisan advertising engaged in in collusion with the party; and

          • (b) the party’s partisan advertising expenses.

        • Prohibition — collusion by third party

          (3) No third party, within the meaning of paragraph (a.1) of the definition third party in section 349, shall act in collusion with a registered party for the purpose of the registered party’s circumventing that maximum amount.

      • Message to be authorized

        429.3 A registered party, or a person acting on its behalf, that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the party’s registered agents.

  • — 2018, c. 31, s. 263

    • 2014, c. 12, s. 86

      263 Subsection 430(2) of the Act is replaced by the following:

      • Maximum expenses: postponement of polling day

        (2) If the Governor in Council orders the postponement of an election under subsection 59(4) for one or more electoral districts, along with the corresponding extension of the election period, then the maximum amount calculated under subsection (1) for a registered party that has endorsed a candidate in that or any of those electoral districts is increased by adding to it the product of

        • (a) $0.735 multiplied by the number of names on the preliminary list of electors in the electoral districts governed by the order in which the party has endorsed a candidate, or the number of names on the revised list of electors in those electoral districts, whichever is greater, and divided by the number of days in the election period before it was extended;

        • (b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election; and

        • (c) the number of days by which the election period is extended.

  • — 2018, c. 31, s. 264

    • 2014, c. 12, s. 86

      264 Subsection 431(2) of the Act is replaced by the following:

      • Prohibition — collusion

        (2) No registered party and no third party, within the meaning of paragraph (b) of the definition third party in section 349, shall act in collusion with each other for the purpose of the registered party’s circumventing the maximum amount referred to in subsection (1).

  • — 2018, c. 31, s. 265

    • 2014, c. 12, s. 86

      265 Subparagraphs 432(2)(j)(i) and (ii) of the Act are replaced by the following:

      • (i) as an election expense, each of

        • (A) the expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and

        • (B) the non-monetary contributions used by the registered party as an election expense, and

      • (ii) the accessibility expenses incurred by the registered party;

  • — 2018, c. 31, s. 266

    • 2014, c. 12, s. 86

      266 Subsection 433(1) of the Act is replaced by the following:

      • Quarterly returns
        • 433 (1) If a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall, for each quarter — in respect of a fiscal period of the registered party — that follows that general election, beginning with the quarter that immediately follows that general election and ending with the quarter in which polling day at the next general election is held, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).

  • — 2018, c. 31, s. 267

    • 2014, c. 12, s. 86

      267 The heading before section 437 of the Act is replaced by the following:

      Reporting on Expenses
  • — 2018, c. 31, s. 268

    • 2014, c. 12, s. 86
      • 268 (1) The portion of subsection 437(2) of the English version of the Act before paragraph (a) is replaced by the following:

        • Contents of return

          (2) An election expenses return shall set out

      • 2014, c. 12, s. 86

        (2) Paragraphs 437(2)(a) and (b) of the Act are replaced by the following:

        • (a) as an election expense, each of

          • (i) the expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and

          • (ii) the non-monetary contributions used by the registered party as an election expense;

        • (b) the accessibility expenses incurred by the registered party; and

        • (c) in the case of a general election held on a day set in accordance with subsection 56.1(2) or section 56.2, the partisan advertising expenses incurred by the registered party in relation to partisan advertising messages transmitted during the pre-election period.

  • — 2018, c. 31, s. 269

    • 2014, c. 12, s. 86

      269 The heading before section 444 of the Act is replaced by the following:

      Reimbursement of Election Expenses and Accessibility Expenses
  • — 2018, c. 31, s. 270

    • 2014, c. 12, s. 86

      270 The portion of subsection 444(1) of the Act before paragraph (a) is replaced by the following:

      • Certificate
        • 444 (1) On receipt from a registered party of the documents referred to in subsection 437(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is the sum of 50% of the registered party’s election expenses, as set out in the return for its general election expenses, that were paid by its registered agents and 90% — to a maximum of $250,000 — of the registered party’s accessibility expenses, as set out in that return, that were paid by its registered agents, if

  • — 2018, c. 31, s. 271

    • 2014, c. 12, s. 86

      271 Section 450 of the Act is replaced by the following:

      • Prohibition — incurring partisan advertising expenses, etc.
        • 449.1 (1) No electoral district association of a registered party shall

          • (a) incur partisan advertising expenses in relation to partisan advertising messages that promote or oppose a registered party or an eligible party and that are transmitted during a pre-election period; or

          • (b) transmit or cause to be transmitted, during a pre-election period, partisan advertising messages that promote or oppose a registered party or an eligible party.

        • Exception

          (2) Despite paragraph (1)(a), an electoral district association of a registered party may incur partisan advertising expenses to the extent that the goods or services that the partisan advertising expense is incurred for are

          • (a) provided to that party, if permitted under paragraph 364(2)(b); or

          • (b) sold to that party.

        • Exception

          (3) Despite subsection (1), an electoral district association of a registered party may

          • (a) incur partisan advertising expenses for the transmission of partisan advertising messages referred to in paragraph (1)(a) to the extent that those messages are intended to be transmitted solely, or substantially solely, within the association’s electoral district; and

          • (b) transmit or cause to be transmitted partisan advertising messages referred to in paragraph (1)(b) to the extent that those messages are transmitted solely, or substantially solely, within the association’s electoral district.

      • Message to be authorized

        449.2 A registered association that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the association’s electoral district agents.

      • Prohibition — incurring election expenses
        • 450 (1) No electoral district association of a registered party shall incur election expenses.

        • Election expenses — electoral district associations

          (1.1) For the purposes of subsection (1),

          • (a) election expense has the meaning given to that expression by subsection 376(1), except that the reference to “a registered party or a candidate” is to be read as a reference to “an electoral district association”; and

          • (b) subsections 376(2) to (4) apply, other than paragraph 376(3)(c), except that the reference to “a registered party or a candidate” in subsection 376(4) is to be read as a reference to “an electoral district association”.

        • Exception

          (1.2) Despite subsection (1), an electoral district association of a registered party may incur an election expense to the extent that the property or service that the cost was incurred for or the non-monetary contribution was received for — or the goods or services that were accepted — are

          • (a) provided to that party, a registered association of that party or a candidate endorsed by that party, if permitted under paragraph 364(2)(b); or

          • (b) sold to that party or a candidate endorsed by that party.

        • Uncancellable transmission

          (2) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, or of a by-election, an electoral district association is deemed not to have incurred an election expense for election advertising if, on the issue of the writ or writs, it is not able to cancel the transmission of the election advertising message that the expense is in relation to.

  • — 2018, c. 31, s. 272

    • 2014, c. 12, s. 86

      272 The portion of section 464 of the Act before paragraph (a) is replaced by the following:

      • Confirmation of registration yearly

        464 On or before May 31 of every year a registered association shall provide the Chief Electoral Officer with

  • — 2018, c. 31, s. 273

    • 2014, c. 12, s. 86

      273 Subsection 469(4) of the Act is replaced by the following:

      • Registration

        (4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 448 for the registration of an electoral district association for an electoral district that is created by — or whose boundaries are revised as a result of — the order. The electoral district association may be registered at any time on or after the day on which the application is made.

  • — 2018, c. 31, s. 274

    • 2014, c. 12, s. 86

      274 Subsection 475.6(1) of the Act is replaced by the following:

      • Auditor’s report
        • 475.6 (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $10,000 or more in total or incurred expenses of $10,000 or more in total shall report to the association’s financial agent on the association’s financial transactions return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

  • — 2018, c. 31, s. 275

    • 275 Section 475.8 of the Act is amended by adding the following after subsection (2):

      • Inflation adjustment factor

        (3) The $1,500 amount set out in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the last day of the registered association’s fiscal period to which the auditor’s report relates.

  • — 2018, c. 31, s. 276

    • 2014, c. 12, s. 86

      276 The heading before section 476 of the French version of the Act is replaced by the following:

      Définition
  • — 2018, c. 31, s. 277

    • 2014, c. 12, s. 86

      277 Section 476 of the Act is replaced by the following:

      • Definition of selection date

        476 In this Division, selection date means the date on which a nomination contest is decided. (date de désignation)

  • — 2018, c. 31, s. 278

    • 2014, c. 12, s. 86

      278 Subsection 476.65(3) of the Act is replaced by the following:

      • Deposits into account

        (3) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.

      • Payments from account

        (3.1) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.

  • — 2018, c. 31, s. 279

    • 2014, c. 12, s. 86
      • 279 (1) Subsection 476.66(4) of the Act is replaced by the following:

        • Prohibition — paying nomination campaign expenses

          (4) No person or entity, other than a nomination contestant’s financial agent, shall pay the contestant’s nomination campaign expenses except for

          • (a) a litigation expense;

          • (b) travel and living expenses;

          • (c) a personal expense; or

          • (d) a petty expense referred to in section 381.

      • 2014, c. 12, s. 86

        (2) Subsection 476.66(6) of the Act is replaced by the following:

        • Prohibition — paying contestant’s personal expenses, etc.

          (6) No person or entity, other than the nomination contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).

  • — 2018, c. 31, s. 280

    • 2014, c. 12, s. 86

      280 The portion of section 476.67 of the Act before paragraph (b) is replaced by the following:

      • Limits on nomination contest expenses

        476.67 The limit for nomination contest expenses that is allowed for a nomination contestant in an electoral district is the amount

        • (a) that is 20% of the election expenses limit that was calculated under subsection 477.49(1) for that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or

  • — 2018, c. 31, s. 282, as amended by 2018, c. 31, s. 399

    • 2014, c. 12, s. 86
      • 282 (1) Paragraph 476.75(2)(a.1) of the Act is replaced by the following:

        • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

        • (a.2) a statement of travel and living expenses;

        • (a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

        • (a.4) a statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);

      • 2014, c. 12, s. 86

        (2) Paragraph 476.75(2)(h) of the Act is replaced by the following:

        • (h) a statement of the funds transferred by the nomination contestant to a registered party, a registered association or a candidate;

      • 2014, c. 12, s. 86

        (3) Subsection 476.75(3) of the Act is replaced by the following:

        • Supporting documents

          (3) Together with the nomination campaign return, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement referred to in subsection 476.82(1).

      • (4) Subsection 476.75(9) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

        • (c) the Chief Electoral Officer is deemed to have received the declaration for the purpose of section 476.901.

  • — 2018, c. 31, s. 283

    • 2014, c. 12, s. 86
      • 283 (1) Paragraphs 476.82(1)(a) and (b) of the Act are replaced by the following:

        • (a) sets out the following:

          • (i) the amount of any travel and living expenses paid by the contestant and details of those expenses, and

          • (ii) the amount of any litigation expenses and personal expenses paid by the contestant, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them; or

        • (b) declares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.

      • (2) Section 476.82 of the Act is amended by adding the following after subsection (1):

        • Supporting documents

          (1.1) Together with the statement referred to in paragraph (1)(a), the nomination contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.

      • (3) Section 476.82 of the Act is amended by adding the following after subsection (2):

        • Subsequent payments — litigation expenses

          (3) If, after having sent their financial agent the statement referred to in subsection (1), a nomination contestant pays a litigation expense other than from the bank account referred to in subsection 476.65(1), the contestant shall, as soon as feasible after paying it,

          • (a) notify their financial agent of the payment;

          • (b) inform their financial agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and

          • (c) send their financial agent documents evidencing payment of the expense.

  • — 2018, c. 31, s. 284

    • 284 The Act is amended by adding the following after section 476.89:

      • Prohibition — false or misleading declaration

        476.891 No nomination contestant shall send to their financial agent a declaration referred to in paragraph 476.75(1)(d) that they know or reasonably ought to know is false or misleading.

  • — 2018, c. 31, s. 285

    • 2014, c. 12, s. 86

      285 Section 476.9 of the Act is replaced by the following:

      • Prohibition — false, misleading or incomplete document

        476.9 No financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(1), (10), (11), (12) or (15) that

        • (a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or

        • (b) in the case of a document referred to in paragraph 476.75(1)(a), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

      Payment of Audit Expenses
      • Certificate
        • 476.901 (1) On receipt of the documents referred to in subsection 476.75(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

          • (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the nomination contestant’s nomination contest expenses and $1,500, and

          • (b) $250.

        • Payment

          (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

        • Inflation adjustment factor

          (3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the selection date.

  • — 2018, c. 31, s. 286

    • 2014, c. 12, s. 86

      286 Section 476.91 of the Act is replaced by the following:

      • Surplus of nomination campaign funds
        • 476.91 (1) The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the sum of the following is more than the sum of the contestant’s nomination campaign expenses paid from the bank account referred to in subsection 476.65(1) and any transfers referred to in paragraph 364(5)(a):

          • (a) contributions accepted by the financial agent on behalf of the contestant;

          • (b) money received from the sale referred to in subsection (2); and

          • (c) any other amounts received by the contestant for their nomination campaign that are required to be deposited into the bank account referred to in subsection 476.65(1) and are not repayable.

        • Sale of capital assets

          (2) Before the surplus amount of nomination campaign funds is disposed of in accordance with sections 476.92 and 476.93, a nomination contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a nomination campaign expense.

  • — 2018, c. 31, s. 287

    • 2014, c. 12, s. 86

      287 Section 477 of the Act is replaced by the following:

      • Deeming

        477 For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense within the meaning of subsection 375(1).

  • — 2018, c. 31, s. 288

    • 2014, c. 12, s. 86

      288 Section 477.1 of the Act is replaced by the following:

      • Duty to appoint official agent
        • 477.1 (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense within the meaning of subsection 375(1).

        • Appointment of auditor

          (2) A candidate shall appoint an auditor without delay if

          • (a) they accept contributions of $10,000 or more in total;

          • (b) they incur electoral campaign expenses of $10,000 or more in total; or

          • (c) they receive 10% or more of the valid votes cast in the electoral district in which they are a candidate.

  • — 2018, c. 31, s. 289

    • 2014, c. 12, s. 86

      289 Subsection 477.46(3) of the Act is replaced by the following:

      • Deposits into account

        (3) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the candidate’s own funds and those funds are used to pay a litigation expense or a personal expense.

      • Payments from account

        (3.1) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the candidate’s own funds of a litigation expense or a personal expense.

  • — 2018, c. 31, s. 290

    • 2014, c. 12, s. 86
      • 290 (1) Subsection 477.47(4) of the Act is replaced by the following:

        • Prohibition — paying electoral expenses

          (4) No person or entity, other than a candidate’s official agent, shall pay the candidate’s electoral campaign expenses except for

          • (a) a litigation expense;

          • (b) travel and living expenses;

          • (c) a personal expense; or

          • (d) a petty expense referred to in section 381.

      • 2014, c. 12, s. 86

        (2) Subsection 477.47(6) of the Act is replaced by the following:

        • Election expenses incurred by candidate

          (5.1) Despite subsection (5), a candidate shall, before incurring election expenses, obtain the written authorization of their official agent to incur those expenses, and shall incur them only in accordance with that authorization.

        • Prohibition — paying candidate’s personal expenses, etc.

          (6) No person or entity, other than a candidate or their official agent, shall pay the candidate’s expenses referred to in any of paragraphs (4)(a) to (c).

  • — 2018, c. 31, s. 291

    • 2014, c. 12, s. 86

      291 Section 477.48 of the Act and the heading before it are repealed.

  • — 2018, c. 31, s. 292

    • 2014, c. 12, s. 86

      292 Subsection 477.49(2) of the Act is replaced by the following:

      • Maximum expenses: postponement of polling day

        (2) If the Governor in Council orders the postponement of polling day under subsection 59(4) for an electoral district along with the corresponding extension of the election period, then the election expenses limit calculated under subsection (1) for a candidate in that electoral district is increased by adding to it the product of

        • (a) the election expenses limit calculated under subsection (1) divided by the number of days in the election period before it was extended, and

        • (b) the number of days by which the election period is extended.

  • — 2018, c. 31, s. 293

    • 293 The Act is amended by adding the following after section 477.55:

      • Prohibition — entering into contracts without authorization

        477.551 No person authorized under paragraph 477.55(c) to enter into contracts shall enter into any contract in relation to an electoral campaign other than a contract that they are authorized in writing by the official agent to enter into under that paragraph.

  • — 2018, c. 31, s. 294

    • 2014, c. 12, s. 86
      • 294 (1) Paragraph 477.59(1)(b) of the Act is replaced by the following:

        • (b) if the appointment of an auditor is required under subsection 477.1(2), the auditor’s report on the return under section 477.62;

      • 2014, c. 12, s. 86

        (2) Paragraph 477.59(2)(b) of the Act is replaced by the following:

        • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them;

        • (a.2) a statement of travel and living expenses that includes an indication of which of those expenses relate to travel and sojourns during the election period;

        • (a.3) a statement of accessibility expenses;

        • (a.4) a statement of personal expenses that includes

          • (i) an indication of which of those expenses are childcare expenses,

          • (ii) an indication of which of those expenses are expenses referred to in paragraphs 378(1)(c) and (d), and

          • (iii) an indication of which of those expenses were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them;

        • (b) a statement of electoral campaign expenses, other than the expenses referred to in paragraphs (a) to (a.4), including a statement of electoral campaign expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;

      • 2014, c. 12, s. 86

        (3) Subsection 477.59(3) of the Act is replaced by the following:

        • Supporting documents

          (3) Together with the electoral campaign return, the official agent of a candidate shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement referred to in subsection 477.64(1).

  • — 2018, c. 31, s. 295

    • 2014, c. 12, s. 86
      • 295 (1) Paragraphs 477.64(1)(a) and (b) of the Act are replaced by the following:

        • (a) sets out the following:

          • (i) the amount of any travel and living expenses paid by the candidate and details of those expenses, and

          • (ii) the amount of any litigation expenses and personal expenses paid by the candidate, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them; or

        • (b) declares that the candidate did not pay for any travel and living expenses, litigation expenses or personal expenses.

      • (2) Section 477.64 of the Act is amended by adding the following after subsection (1):

        • Supporting documents

          (1.1) Together with the statement referred to in paragraph (1)(a), the candidate shall send their official agent documents evidencing the payment of the expenses referred to in the statement.

      • (3) Section 477.64 of the Act is amended by adding the following after subsection (2):

        • Subsequent payments — litigation expenses

          (3) If, after having sent their official agent the statement referred to in subsection (1), a candidate pays a litigation expense other than from the bank account referred to in subsection 477.46(1), the candidate shall, as soon as feasible after paying it,

          • (a) notify their official agent of the payment;

          • (b) inform their official agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and

          • (c) send their official agent documents evidencing payment of the expense.

  • — 2018, c. 31, s. 296

    • 296 The Act is amended by adding the following after section 477.71:

      • Prohibition — false or misleading declaration

        477.711 No candidate shall send to their official agent a declaration referred to in paragraph 477.59(1)(d) that they know or ought reasonably to know is false or misleading.

  • — 2018, c. 31, s. 297

    • 2014, c. 12, s. 86
      • 297 (1) Subsections 477.72(1) and (2) of the Act are replaced by the following:

        • Prohibition — false, misleading or incomplete document
          • 477.72 (1) No official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) that

            • (a) the official agent knows or ought reasonably to know contains a material statement that is false or misleading; or

            • (b) in the case of a document referred to in paragraph 477.59(1)(a), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

          • Membership in House of Commons suspended — document not provided

            (2) If the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1), then, until the document is provided, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

            • (a) the expiry of the two-week period referred to in paragraph 477.68(2)(b), determined on the basis of whichever of its subparagraphs applies, if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(b);

            • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b), and the application is rejected, the expiry of the day on which the application is finally disposed of so as to deny it; and

            • (c) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b) and the order is granted, the expiry of the period extended by the order.

          • Membership in House of Commons suspended — unmade correction or revision

            (2.1) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision authorized to be made under subsection 477.67(1) was not made within 30 days after the day on which it was authorized, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

            • (a) the expiry of the two-week period referred to in subsection 477.67(4), if the candidate or their official agent does not apply to the Chief Electoral Officer for an extension under that subsection;

            • (b) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent applies to the Chief Electoral Officer for a further extension under subsection 477.67(5);

            • (c) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(5) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent makes a further application to the Chief Electoral Officer for a extension under that subsection; and

            • (d) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) or (5), and the application is rejected, the expiry of the day on which the application is rejected.

      • 2014, c. 12, s. 86

        (2) Paragraph 477.72(3)(a) of the English version of the Act is replaced by the following:

        • (a) the expiry of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or

      • 2014, c. 12, s. 86

        (3) Paragraph 477.72(3)(b) of the Act is replaced by the following:

        • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the expiry of the day on which the application is finally disposed of so as to deny it.

      • 2014, c. 12, s. 86

        (4) Subsection 477.72(4) of the Act is replaced by the following:

        • Speaker informed

          (4) As soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under any of subsections (2), (2.1) and (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.

  • — 2018, c. 31, s. 298

    • 2014, c. 12, s. 86

      298 The heading before section 477.73 of the Act is replaced by the following:

      Reimbursement of Certain Expenses
  • — 2018, c. 31, s. 299

    • 2014, c. 12, s. 86

      299 Subsections 477.73(2) and (3) of the Act are replaced by the following:

      • Payment of partial reimbursement

        (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses, travel and living expenses that are related to travel and sojourns during the election period, accessibility expenses and personal expenses. The payment may be made to the person designated by the official agent.

      • Return of excess payment

        (3) A candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than the sum of

        • (a) 60% of the candidate’s paid election expenses, as set out in the their electoral campaign return,

        • (b) 60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,

        • (c) 60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses or expenses referred to in paragraphs 378(1)(c) and (d),

        • (d) 90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,

        • (e) 90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and

        • (f) 90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.

  • — 2018, c. 31, s. 300

    • 2014, c. 12, s. 86
      • 300 (1) Paragraphs 477.74(1)(c) and (d) of the Act are replaced by the following:

        • (c) states that the amount received as partial reimbursement under subsection 477.73(2) is less than the sum of the amounts calculated under paragraphs (2)(a) to (f); and

        • (d) sets out the amount of the final instalment of the reimbursement of the candidate’s expenses, calculated under subsection (2).

      • 2014, c. 12, s. 86

        (2) Subsection 477.74(2) of the Act is replaced by the following:

        • Calculation of reimbursement

          (2) The amount referred to in paragraph (1)(d) is the sum of the following, less the partial reimbursement made under section 477.73:

          • (a) 60% of the candidate’s paid election expenses, as set out in their electoral campaign return,

          • (b) 60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,

          • (c) 60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d),

          • (d) 90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,

          • (e) 90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and

          • (f) 90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.

  • — 2018, c. 31, s. 301

    • 301 The Act is amended by adding the following after section 477.74:

      • Payment to candidate

        477.741 The official agent shall use any amount received under subsection 477.73(2), or received under both that subsection and subsection 477.74(4), to pay to the candidate the amount that is the sum of

        • (a) 60% of the candidate’s personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraph 378(1)(c) or (d), that were paid other than from the bank account referred to in subsection 477.46(1), and

        • (b) 90% of the total of the candidate’s childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, that were paid other than from the bank account referred to in subsection 477.46(1).

  • — 2018, c. 31, s. 302

    • 302 The Act is amended by adding the following after section 477.76:

      • Inflation adjustment factor

        477.761 The $1,500 amount set out in paragraph 477.75(a) and the $250 amount set out in paragraph 477.75(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on polling day.

  • — 2018, c. 31, s. 303

    • 2014, c. 12, s. 86

      303 Section 477.77 of the Act is repealed.

  • — 2018, c. 31, s. 304

    • 2014, c. 12, s. 86

      304 Paragraph 477.79(a) of the Act is replaced by the following:

      • (a) the election is deemed to have been held on the day on which the writ is withdrawn or deemed to be withdrawn; and

  • — 2018, c. 31, s. 305

    • 2014, c. 12, s. 86
      • 305 (1) Subsections 477.8(1) and (2) of the Act are replaced by the following:

        • Surplus of electoral funds
          • 477.8 (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (3) are more than the total of the candidate’s electoral campaign expenses paid from the bank account referred to in subsection 477.46(1) and the transfers referred to in subsection (4).

          • Transfer or sale of capital assets

            (2) Before the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate’s official agent shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of subsection 375(1) to the registered party that has endorsed the candidate — or to the registered association of that party in the candidate’s electoral district — or sell them at their fair market value.

      • 2014, c. 12, s. 86

        (2) Paragraphs 477.8(3)(b) and (c) of the Act are replaced by the following:

        • (b) any of the following for which the candidate was reimbursed under this Act:

          • (i) an election expense,

          • (ii) travel and living expenses,

          • (iii) an accessibility expense,

          • (iv) a personal expense paid from the bank account referred to in subsection 477.46(1), and

          • (v) a cost incurred in respect of a request or an application made under Part 14, if the cost was paid from the bank account referred to in subsection 477.46(1);

      • (3) Section 477.8 of the Act is amended by adding the following after subsection (3):

        • Exclusion

          (3.1) Despite subsection (3), for the purposes of this Act, none of the following is electoral revenue:

          • (a) any amount used to pay for a candidate’s litigation expenses that was not deposited into the bank account referred to in subsection 477.46(1);

          • (b) any amount used to pay for a candidate’s personal expenses that was not deposited into the bank account referred to in subsection 477.46(1);

          • (c) any amount paid to the candidate under this Act as a reimbursement of personal expenses that were paid other than from the bank account referred to in subsection 477.46(1); and

          • (d) any amount paid to the candidate under this Act as a reimbursement of a cost incurred in respect of a request or an application made under Part 14, if that cost was paid other than from the bank account referred to in subsection 477.46(1).

      • 2014, c. 12, s. 86

        (4) Paragraph 477.8(4)(b) of the Act is replaced by the following:

        • (b) any amount of a reimbursement referred to in paragraph (3)(b) that the candidate transfers to that registered party; and

  • — 2018, c. 31, s. 306

    • 2014, c. 12, s. 86

      306 Paragraphs 477.81(3)(a) and (b) of the Act are replaced by the following:

      • (a) the day on which they receive the final instalment of the reimbursement of the candidate’s expenses; or

      • (b) the day on which the Chief Electoral Officer is provided with the candidate’s electoral campaign return, if the candidate did not receive the reimbursement mentioned in paragraph (a).

  • — 2018, c. 31, s. 307

    • 307 The Act is amended by adding the following after section 477.84:

      • Persons to whom this section applies
        • 477.841 (1) This section applies to any person who was a candidate at an election but who was not endorsed by a registered party and whose official agent disposed of the candidate’s surplus electoral funds under paragraph 477.82(b).

        • Application for repayment

          (2) The official agent of a candidate who is a person referred to in subsection (1) may, for the purpose of the candidate’s electoral campaign, apply to the Chief Electoral Officer for repayment of the amount of the surplus electoral funds referred to in that subsection if that candidate

          • (a) is a candidate at the general election next following the election to which the funds relate but is not endorsed by a registered party and was not a candidate at any intervening by-election;

          • (b) is a candidate at one, and only one, intervening by-election and at that by-election is not endorsed by a registered party; or

          • (c) is a candidate at more than one intervening by-election and, at the first intervening by-election at which they are a candidate, is not endorsed by a registered party.

        • Payment

          (3) On receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the candidate’s official agent out of the Consolidated Revenue Fund.

  • — 2018, c. 31, s. 308

    • 2014, c. 12, s. 86

      308 Subsection 477.9(5) of the Act is replaced by the following:

      • Period for providing statement

        (5) The candidate shall provide the statement to the Chief Electoral Officer within four months after polling day.

  • — 2018, c. 31, s. 309

    • 2014, c. 12, s. 86

      309 Section 478 of the Act and the heading “Interpretation” before it are repealed.

  • — 2018, c. 31, s. 310

    • 2014, c. 12, s. 86

      310 Subsection 478.61(3) of the French version of the Act is replaced by the following:

      • Nomination d’un agent membre d’une société

        (3) Tout membre d’une société nommée conformément à la présente loi à titre de vérificateur d’un parti enregistré peut être nommé agent du candidat à la direction.

  • — 2018, c. 31, s. 311

    • 2014, c. 12, s. 86

      311 Subsection 478.72(3) of the Act is replaced by the following:

      • Deposits into account

        (3) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.

      • Payments from account

        (3.1) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.

  • — 2018, c. 31, s. 312

    • 2014, c. 12, s. 86
      • 312 (1) Subsection 478.73(4) of the Act is replaced by the following:

        • Prohibition — paying leadership campaign expenses

          (4) No person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses except for

          • (a) a litigation expense;

          • (b) travel and living expenses;

          • (c) a personal expense; or

          • (d) a petty expense referred to in section 381.

      • 2014, c. 12, s. 86

        (2) Subsection 478.73(6) of the Act is replaced by the following:

        • Prohibition — paying contestant’s personal expenses, etc.

          (6) No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).

  • — 2018, c. 31, s. 313, as amended by 2018, c. 31, s. 399

    • 2014, c. 12, s. 86
      • 313 (1) Paragraph 478.8(2)(a.1) of the Act is replaced by the following:

        • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;

        • (a.2) a statement of travel and living expenses;

        • (a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;

        • (a.4) a statement of leadership campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);

      • 2014, c. 12, s. 86

        (2) Paragraph 478.8(2)(i) of the Act is replaced by the following:

        • (i) a statement of the funds transferred by the leadership contestant to a registered party or a registered association;

      • 2014, c. 12, s. 86

        (3) Subsection 478.8(3) of the Act is replaced by the following:

        • Supporting documents

          (3) Together with the leadership campaign return, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement referred to in subsection 478.85(1).

      • (4) Subsection 478.8(9) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

        • (c) the Chief Electoral Officer is deemed to have received the declaration for the purpose of section 478.931.

  • — 2018, c. 31, s. 314

    • 2014, c. 12, s. 86

      314 Subsection 478.83(1) of the Act is replaced by the following:

      • Auditor’s report
        • 478.83 (1) As soon as feasible after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $10,000 or more in total or incurred leadership campaign expenses of $10,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return for that contest and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

  • — 2018, c. 31, s. 315

    • 2014, c. 12, s. 86
      • 315 (1) Paragraphs 478.85(1)(a) and (b) of the Act are replaced by the following:

        • (a) sets out the following:

          • (i) the amount of any travel and living expenses paid by the contestant and details of those expenses, and

          • (ii) the amount of any litigation expenses and personal expenses paid by the contestant, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them; or

        • (b) declares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.

      • (2) Section 478.85 of the Act is amended by adding the following after subsection (1):

        • Supporting documents

          (1.1) Together with the statement referred to in paragraph (1)(a), the leadership contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.

      • (3) Section 478.85 of the Act is amended by adding the following after subsection (2):

        • Subsequent payments — litigation expenses

          (3) If, after having sent their financial agent the statement referred to in subsection (1), a leadership contestant pays a litigation expense other than from the bank account referred to in subsection 478.72(1), the contestant shall, as soon as feasible after paying it,

          • (a) notify their financial agent of the payment;

          • (b) inform their financial agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and

          • (c) send their financial agent documents evidencing payment of the expense.

  • — 2018, c. 31, s. 316

    • 316 The Act is amended by adding the following after section 478.92:

      • Prohibition — false or misleading declaration

        478.921 No leadership contestant shall send to their financial agent a declaration referred to in paragraph 478.8(1)(d) that they know or ought reasonably to know is false or misleading.

  • — 2018, c. 31, s. 317

    • 2014, c. 12, s. 86

      317 Section 478.93 of the Act is replaced by the following:

      • Prohibition — false, misleading or incomplete document

        478.93 No financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) that

        • (a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or

        • (b) in the case of a document referred to in paragraph 478.8(1)(a), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

  • — 2018, c. 31, s. 318

    • 318 The Act is amended by adding the following after section 478.93:

      Payment of Audit Expenses
      • Certificate
        • 478.931 (1) On receipt of the documents referred to in subsection 478.8(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

          • (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the leadership contestant’s leadership contest expenses and $1,500, and

          • (b) $250.

        • Payment

          (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

        • Inflation adjustment factor

          (3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the day on which the leadership contest ends.

  • — 2018, c. 31, s. 319

    • 2014, c. 12, s. 86

      319 Section 478.94 of the Act is replaced by the following:

      • Surplus of leadership campaign funds
        • 478.94 (1) The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of the following is more than the sum of the contestant’s leadership campaign expenses paid from the bank account referred to in subsection 478.72(1) and any transfers referred to in paragraph 364(5)(b):

          • (a) contributions accepted by the leadership campaign agents on behalf of the contestant;

          • (b) money received from the sale referred to in subsection (2);

          • (c) amounts referred to in subsection 365(3); and

          • (d) any other amounts received by the contestant for their leadership campaign that are required to be deposited into the bank account referred to in subsection 478.72(1) and are not repayable.

        • Sale of capital assets

          (2) Before the surplus amount of leadership campaign funds is disposed of in accordance with sections 478.95 and 478.96, a leadership contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a leadership campaign expense.

  • — 2018, c. 31, s. 320

      • 320 (1) Subsections 479(2) and (3) of the Act are replaced by the following:

        • Duty to maintain order

          (2) Every election officer is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.

        • Order to leave

          (3) In performing his or her duty under subsection (1) or (2), an election officer may order a person to leave the returning officer’s office or other place where the vote is taking place if the person is committing — or the officer believes on reasonable grounds that the person has committed — in the office or place an offence under this Act, any other Act of Parliament or any regulation made under any other Act of Parliament that threatens the maintenance of order.

      • (2) Subsections 479(5) to (7) of the Act are replaced by the following:

        • Removal of material

          (7) If a returning officer or other election officer believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer may cause any material that they believe on reasonable grounds was used in contravention of that paragraph to be removed from, in the case of a returning officer, his or her office or, in the case of any other election officer, the polling station.

      • (3) Subsection 479(8) of the English version of the Act is replaced by the following:

        • Peace officer protection

          (8) Every election officer has, while exercising their powers or performing their duties under this section, all the protection that a peace officer has by law.

  • — 2018, c. 31, s. 321

    • 321 Subsection 480(1) of the Act is replaced by the following:

      • Obstruction, etc., of electoral process
        • 480 (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 480.1, 481, 482 or 482.1 or contravening a provision referred to in any of sections 484 to 499.

  • — 2018, c. 31, s. 322

    • 2014, c. 12, s. 88

      322 Section 480.1 of the Act is renumbered as subsection 480.1(1) and is amended by adding the following:

      • Exception

        (2) A person does not commit an offence under subsection (1) if they establish that the representation was manifestly for the purpose of parody or satire.

  • — 2018, c. 31, s. 323

    • 323 Sections 481 and 482 of the Act are replaced by the following:

      • Misleading publications
        • 481 (1) Every person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate if

          • (a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; and

          • (b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate.

        • Factors

          (2) In determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use of

          • (a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or

          • (b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party.

        • Exception — parody or satire

          (3) A person or entity does not commit an offence under subsection (1) if they establish that the material was manifestly distributed, transmitted or published for the purpose of parody or satire.

      • Unauthorized use of computer
        • 482 (1) Every person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election,

          • (a) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;

          • (b) uses or causes to be used, directly or indirectly, a computer system with intent to

            • (i) commit an offence under paragraph (a),

            • (ii) destroy or alter computer data,

            • (iii) render computer data meaningless, useless or ineffective,

            • (iv) obstruct, interrupt or interfere with the lawful use of computer data, or

            • (v) obstruct, interrupt or interfere with a person or entity in the lawful use of computer data or deny access to computer data to a person or entity that is entitled to access to it;

          • (c) uses, possesses or traffics in, or permits another person or entity to have access to, a computer password that would enable a person or entity to commit an offence under paragraph (a) or (b); or

          • (d) attempts to commit any offence referred to in paragraphs (a) to (c).

        • Words and expressions

          (2) Words and expressions used in subsection (1) have the same meaning as in subsection 342.1(2) of the Criminal Code.

  • — 2018, c. 31, s. 324

    • 324 Section 483 of the Act and the heading before it are repealed.

  • — 2018, c. 31, ss. 325(2), (3)

      • 325 (2) Subsection 484(2) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):

        • (a.1) being an election officer, knowingly contravenes section 39 (failure to exercise or perform the powers or duties assigned by a returning officer in accordance with the Chief Electoral Officer’s instructions); or

      • (3) Paragraph 484(3)(b) of the Act is replaced by the following:

        • (b) knowingly contravenes subsection 23(2) (communication of information or use of personal information for unauthorized purpose);

  • — 2018, c. 31, s. 328

    • 2007, c. 21, s. 38(1); 2014, c. 12, s. 93(1) and (2)
      • 328 (1) Paragraphs 489(2)(a) to (b) of the Act are repealed.

      • 2014, c. 12, s. 93(3)

        (2) Paragraphs 489(2)(d) and (e) of the Act are repealed.

      • (3) Subsection 489(3) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).

      • (4) Paragraphs 489(3)(c) to (g) of the Act are repealed.

  • — 2018, c. 31, s. 329

    • 2014, c. 12, s. 94

      329 Paragraphs 490(a.1) to (c) of the Act are replaced by the following:

      • (a.1) being an election officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);

      • (b) being an election officer, knowingly contravenes subsection 174(2) (failure to record vote);

      • (c) being an election officer, contravenes any of subsections 175(1) to (3) and (5) (failure to take required measures with respect to advance polling) or subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

      • (d) being a returning officer, contravenes subsection 176(2) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.

  • — 2018, c. 31, s. 330

    • 2014, c. 12, s. 94.1
      • 330 (1) Subsection 491(2) of the Act is repealed.

      • (2) Paragraphs 491(3)(a) to (e) of the Act are replaced by the following:

        • (a) being a unit election officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1) or, being an election officer, contravenes section 257 or subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

        • (b) being an election officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

        • (c) being an election officer, contravenes any of subsection 276(1), section 277, subsections 278(1) and (3) and section 279 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.

  • — 2018, c. 31, s. 331

    • 331 The Act is amended by adding the following after section 491:

      Offences under Part 11.1 (Prohibitions in relation to Voting)
      • Offences requiring intent — summary conviction

        491.1 Every person is guilty of an offence who

        • (a) contravenes subsection 281.6(2) (attempting to obtain information about elector’s vote);

        • (b) knowingly contravenes any of paragraphs 281.6(3)(a) to (c) (secrecy at the poll);

        • (c) knowingly contravenes subsection 281.6(4) (secrecy — marked ballot);

        • (d) knowingly contravenes paragraph 281.7(1)(c) (ballots);

        • (e) knowingly contravenes paragraph 281.8(1)(a) (photograph or video of marked ballot);

        • (f) knowingly contravenes paragraph 281.8(1)(b) (copy of marked ballot);

        • (g) knowingly contravenes paragraph 281.8(1)(c) (distribution of photograph, video or copy of marked ballot);

        • (h) knowingly contravenes paragraph 281.9(a) or (b) (false statement);

        • (i) contravenes subsection 282(1) (person who assists elector — limit);

        • (j) contravenes subsection 282.1(1) (vouching for more than one person);

        • (k) knowingly contravenes any of paragraphs 282.1(2)(a) to (c) (vouching for person contrary to that paragraph);

        • (l) contravenes subsection 282.1(3) (vouchee acting as voucher); or

        • (m) knowingly contravenes section 282.5 (interfering with marking of ballot).

      • Offences requiring intent — dual procedure
        • 491.2 (1) Every person is guilty of an offence who

          • (a) being the Chief Electoral Officer, knowingly contravenes section 281.1 (voting by Chief Electoral Officer);

          • (b) contravenes section 281.2 (inducing or attempting to induce Chief Electoral Officer to vote);

          • (c) contravenes paragraph 281.3(a) (voting when not qualified);

          • (d) contravenes paragraph 281.3(b) (inducing or attempting to induce a person not qualified to vote, to vote);

          • (e) contravenes paragraph 281.4(a) (voting when not ordinarily resident in electoral district);

          • (f) contravenes paragraph 281.4(b) (inducing or attempting to induce a person who is not ordinarily resident in electoral district to vote);

          • (g) knowingly contravenes subsection 281.5(1) or (2) (voting more than once);

          • (h) knowingly contravenes subsection 281.6(1) (failure to maintain secrecy);

          • (i) contravenes subsection 281.6(5) (secrecy — counting of the votes);

          • (j) knowingly contravenes any of paragraphs 281.7(1)(a), (b) and (d) to (i) (ballots);

          • (k) being an election officer, contravenes paragraph 281.7(2)(a) or (b) (ballots — election officer);

          • (l) being a unit election officer, contravenes subsection 281.7(3) (special ballots — unit election officer);

          • (m) contravenes subsection 282(2) (person who assists elector — secrecy);

          • (n) knowingly contravenes section 282.2 (influencing electors);

          • (o) being an election officer, unit election officer or member of the staff of a returning officer, knowingly contravenes section 282.3 (influencing electors);

          • (p) contravenes subsection 282.4(1) (undue influence by foreigners);

          • (q) knowingly contravenes subsection 282.4(4) (collusion);

          • (r) knowingly contravenes subsection 282.4(5) (selling advertising space);

          • (s) knowingly contravenes section 282.6 (preventing elector from voting);

          • (t) knowingly contravenes subsection 282.7(1) (offering bribe);

          • (u) knowingly contravenes subsection 282.7(2) (accepting bribe); or

          • (v) knowingly contravenes paragraph 282.8(a) or (b) (intimidation, etc.).

        • Offence requiring intent — dual procedure

          (2) Every entity is guilty of an offence that

          • (a) contravenes subsection 282.4(1) (undue influence by foreigners);

          • (b) knowingly contravenes subsection 282.4(4) (collusion); or

          • (c) knowingly contravenes subsection 282.4(5) (selling advertising space).

  • — 2018, c. 31, s. 332

    • 332 Paragraph 492(2)(a) of the Act is replaced by the following:

      • (a) being an election officer, contravenes any of sections 283 to 288 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

  • — 2018, c. 31, s. 333

      • 333 (1) Paragraph 495(1)(b) of the Act is replaced by the following:

        • (a.1) being the owner or operator of an online platform, contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

        • (a.2) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), contravenes section 325.2 (failure to provide information about self);

        • (b) contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, contravenes subsection 326(3) (failure to ensure report on election survey results is published); or

      • (2) Subsection 495(3) of the Act is repealed.

      • (3) Paragraph 495(4)(a) of the Act is replaced by the following:

        • (a) being the owner or operator of an online platform, knowingly contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

        • (a.1) knowingly contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, knowingly contravenes subsection 326(3) (failure to ensure report on election survey results is published);

      • (4) Subsection 495(5) of the Act is replaced by the following:

        • (5) [In force]

          • (a) [In force]

          • (a.1) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), knowingly contravenes section 325.2 (failure to provide information about self); or

          • (b) [In force]

  • — 2018, c. 31, s. 334

    • 334 Subsection 495.1(1) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

      • (c) paragraph 348.16(c) (obligation to keep list of telephone numbers called).

  • — 2018, c. 31, s. 335

    • 2014, c. 12, s. 96

      335 Paragraphs 495.2(1)(a) and (b) of the Act are replaced by the following:

      • (a) paragraph 348.17(a) or 348.19(a) (obligation to keep scripts);

      • (b) paragraph 348.17(b) or 348.18(a) (obligation to keep recordings); or

      • (c) paragraph 348.17(c), 348.18(b) or 348.19(b) (obligation to keep list of telephone numbers called).

  • — 2018, c. 31, s. 336

    • 336 The heading before section 496 of the Act is replaced by the following:

      Offences under Part 17 (Third Party Advertising, Partisan Activities and Election Surveys)
      Offences under Division 0.1 of Part 17 (Prohibition on Use of Foreign Funds by Third Parties)
      • Strict liability offences — summary conviction
        • 495.21 (1) Every third party is guilty of an offence who contravenes

          • (a) section 349.02 (use of foreign contributions); or

          • (b) paragraph 349.03(a) (circumventing prohibition) or 349.03(b) (colluding to circumvent prohibition).

        • Offences requiring intent — dual procedure

          (2) Every third party who knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.

      Offences under Division 1 of Part 17 (Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period)
      • Strict liability offences — summary conviction
        • 495.3 (1) Every person is guilty of an offence who, being a third party, contravenes

          • (a) any of subsections 349.1(1) to (3) (exceeding pre-election period expenses limits);

          • (b) section 349.4 (foreign third party incurring pre-election period expenses);

          • (c) section 349.5 (failure to identify self in advertising);

          • (d) subsection 349.6(1) (failure to register);

          • (e) section 349.7 (failure to appoint financial agent) or subsection 349.8(1) (failure to appoint auditor);

          • (f) subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return) or 349.91(10) (failure to provide documents evidencing expenses on request);

          • (g) paragraph 349.93(b) (filing interim third-party expenses return that is substantially incomplete); or

          • (h) section 349.94 (use of anonymous contributions).

        • Offences requiring intent — dual procedure

          (2) Every person is guilty of an offence who

          • (a) being a third party, knowingly contravenes any of subsections 349.1(1) to (3) or section 349.2 (exceeding or circumventing pre-election period expenses limits);

          • (b) being a third party or registered party, knowingly contravenes subsection 349.3(1) (colluding to influence third party);

          • (c) being a third party or potential candidate, knowingly contravenes subsection 349.3(2) (colluding to influence third party);

          • (d) being a third party or official agent of a potential candidate, knowingly contravenes subsection 349.3(3) (colluding to influence third party);

          • (e) being a third party, knowingly contravenes section 349.4 (foreign third party incurring pre-election period expenses);

          • (f) being a third party, knowingly contravenes subsection 349.6(1) (failure to register);

          • (g) knowingly contravenes subsection 349.7(2) or 349.8(3) (ineligible person acting as financial agent or auditor);

          • (h) being a third party, knowingly contravenes subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return); or

          • (i) being a third party, contravenes paragraph 349.93(a) or knowingly contravenes paragraph 349.93(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).

      Offences under Division 2 of Part 17 (Partisan Activities, Election Advertising and Election Surveys During Election Period)
  • — 2018, c. 31, s. 337

    • 2014, c. 12, s. 97(1) and (1.1)
      • 337 (1) Paragraphs 496(1)(a) to (b) of the Act are replaced by the following:

        • (a) any of subsections 350(1) to (4) (exceeding election period expenses limits);

        • (a.1) section 351.1 (foreign third party incurring election period expenses);

        • (b) section 352 (failure to identify self in advertising);

      • (2) Subsection 496(1) of the Act is amended by replacing paragraphs (e) and (f) with the following:

        • (d.1) subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return) or 357.01(10) (failure to provide documents evidencing expenses on request);

        • (d.2) paragraph 357.03(b) (filing interim third-party expenses return that is substantially incomplete); or

        • (e) section 357.1 (use of anonymous contributions).

      • 2014, c. 12, s. 97(2) and (3)

        (3) Subsection 496(2) of the Act is replaced by the following:

        • Offences requiring intent — dual procedure

          (2) Every person is guilty of an offence who

          • (a) being a third party, knowingly contravenes any of subsections 350(1) to (4) or section 351 (exceeding or circumventing election period expenses limits);

          • (b) being a third party or registered party, knowingly contravenes subsection 351.01(1) (colluding to influence third party);

          • (c) being a third party or candidate, knowingly contravenes subsection 351.01(2) (colluding to influence third party);

          • (d) being a third party or official agent of a candidate, knowingly contravenes subsection 351.01(3) (colluding to influence third party);

          • (e) being a third party, knowingly contravenes section 351.1 (foreign third party incurring election period expenses);

          • (f) being a third party, knowingly contravenes subsection 353(1) (failure to register);

          • (g) knowingly contravenes subsection 354(2) or 355(3) (ineligible person acting as financial agent or auditor); or

          • (h) being a third party, knowingly contravenes subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return); or

          • (i) being a third party, contravenes paragraph 357.03(a) or knowingly contravenes paragraph 357.03(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).

  • — 2018, c. 31, s. 338

    • 338 The Act is amended by adding the following after section 496:

      Offences under Division 3 of Part 17 (Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns)
      • Strict liability offences — summary conviction
        • 496.1 (1) Every person is guilty of an offence who, being a third party, contravenes

          • (a) section 358.1 (failure to satisfy bank account requirements);

          • (b) subsection 359(1) (failure to file third-party expenses return) or 359(9) (failure to provide documents evidencing expenses on request);

          • (c) paragraph 359.1(b) (filing third-party expenses return that is substantially incomplete);

          • (d) subsection 361(3) (failure to provide corrected or revised return within specified period); or

          • (e) subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).

        • Offences requiring intent — dual procedure

          (2) Every person is guilty of an offence who, being a third party,

          • (a) knowingly contravenes subsection 359(1) (failure to file third-party expenses return);

          • (b) contravenes paragraph 359.1(a) or knowingly contravenes paragraph 359.1(b) (filing third-party expenses return that contains false or misleading information or one that is incomplete);

          • (c) knowingly contravenes subsection 361(3) (failure to provide corrected or revised return within specified period); or

          • (d) knowingly contravenes subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).

  • — 2018, c. 31, s. 339

      • 339 (1) Subsection 497(1) of the Act is amended by adding the following after paragraph (b):

        • (b.1) being a person or entity, contravenes subsection 364(9) (paying convention fees while ineligible);

      • 2014, c. 12, s. 99

        (2) Paragraph 497(2)(g) of the Act is replaced by the following:

        • (g) being a person entitled to accept contributions under this Act, knowingly contravenes subsection 368(3) (accepting excessive contribution);

  • — 2018, c. 31, s. 340

    • 2014, c. 12, s. 99
      • 340 (1) Paragraph 497.1(1)(h) of the Act is replaced by the following:

        • (g.1) being a chief agent, contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);

        • (g.2) being a registered party, contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);

        • (g.3) being a third party, contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);

        • (g.4) being a registered party or a person acting on behalf of a registered party, contravenes section 429.3 (failure to indicate authority for partisan advertising);

        • (h) being a chief agent, contravenes subsection 431(1) (exceeding election expenses limit);

        • (h.1) being a third party, contravenes subsection 431(2) (colluding to circumvent election expenses limit);

      • 2014, c. 12, s. 99

        (2) Paragraph 497.1(3)(f) of the Act is replaced by the following:

        • (f) contravenes subsection 408(5) (making false or misleading declaration);

      • (3) Subsection 497.1(3) of the Act is amended by adding the following after paragraph (h):

        • (h.1) being a registered agent other than the chief agent, knowingly contravenes subsection 426(2.1) (failure to obtain written authorization to incur registered party’s expenses or incurring them contrary to authorization);

        • (h.2) being a chief agent, knowingly contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);

        • (h.3) being a registered party, knowingly contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);

        • (h.4) being a third party, knowingly contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);

  • — 2018, c. 31, s. 341

    • 2014, c. 12, s. 99
      • 341 (1) Paragraph 497.2(1)(b) of the Act is replaced by the following:

        • (a.1) being an electoral district association of a registered party, contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);

        • (a.2) being a registered association, contravenes section 449.2 (failure to indicate authority for partisan advertising);

        • (b) being an electoral district association of a registered party, contravenes subsection 450(1) (incurring election expenses);

      • 2014, c. 12, s. 99

        (2) Paragraph 497.2(3)(b) of the Act is replaced by the following:

        • (a.1) being an electoral district association of a registered party, knowingly contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);

        • (b) being an electoral district association of a registered party, knowingly contravenes subsection 450(1) (incurring election expenses);

  • — 2018, c. 31, s. 342, as amended by 2018, c. 31, s. 399

      • 342 (1) [Repealed, 2018, c. 31, s. 399]

      • 2014, c. 12, s. 99

        (2) Subsection 497.3(1) of the Act is amended by adding the following after paragraph (p):

        • (p.1) being a nomination contestant, contravenes subsection 476.82(1) or (3) (failure to send written statement or advise financial agent);

      • 2014, c. 12, s. 99

        (3) Paragraphs 497.3(2)(f) to (h) of the Act are replaced by the following:

        • (f) being a person or entity, knowingly contravenes subsection 476.66(4), (5) or (6) (paying or incurring nomination campaign expenses while ineligible);

        • (g) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);

        • (h) being a person or entity, contravenes subsection 476.68(2) (circumventing nomination contest expenses limit);

      • (4) [Repealed, 2018, c. 31, s. 399]

      • 2014, c. 12, s. 99

        (5) Paragraph 497.3(2)(s) of the Act is replaced by the following:

        • (r.1) being a nomination contestant, contravenes section 476.891 (sending false or misleading declaration);

        • (s) being the financial agent of a nomination contestant, contravenes paragraph 476.9(a) or knowingly contravenes paragraph 476.9(b) (providing document that contains false or misleading information or that is substantially incomplete); or

  • — 2018, c. 31, s. 343

    • 2014, c. 12, s. 99
      • 343 (1) Paragraphs 497.4(1)(e) and (f) of the Act are replaced by the following:

        • (e) being a candidate, an official agent or a person authorized under paragraph 477.55(c), contravenes subsection 477.52(1) (exceeding election expenses limit) or, being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);

        • (f) being a candidate or an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);

      • (2) Subsection 497.4(1) of the Act is amended by adding the following after paragraph (m):

        • (m.1) being a candidate, contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);

      • 2014, c. 12, s. 99

        (3) Paragraphs 497.4(2)(d) to (f) of the Act are replaced by the following:

        • (d) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(4) (paying electoral campaign expenses);

        • (d.1) being a person or entity other than a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(5) (incurring electoral campaign expenses);

        • (d.2) being a candidate, knowingly contravenes subsection 477.47(5.1) (failure to obtain written authorization to incur election expense or incurring it contrary to authorization);

        • (e) being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying certain expenses);

      • (4) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (h):

        • (h.1) being a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.551 (entering into contract in relation to electoral campaign without authorization);

      • (5) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (o):

        • (o.1) being a candidate, knowingly contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);

      • (6) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (q):

        • (q.1) being a candidate, contravenes section 477.711 (sending false or misleading declaration);

  • — 2018, c. 31, s. 344

      • 344 (1) Subsection 497.5(1) of the Act is amended by adding the following after paragraph (p):

        • (p.1) being a leadership contestant, contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

      • 2014, c. 12, s. 99

        (2) Paragraph 497.5(1)(s) of the Act is replaced by the following:

        • (s) being the financial agent of a leadership contestant, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); or

      • 2014, c. 12, s. 99

        (3) Paragraph 497.5(2)(j) of the Act is replaced by the following:

        • (j) being a person or entity, knowingly contravenes subsection 478.73(6) (paying certain expenses of leadership contestant while ineligible);

      • (4) Subsection 497.5(2) of the Act is amended by adding the following after paragraph (r):

        • (r.1) being a leadership contestant, knowingly contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

      • 2014, c. 12, s. 99

        (5) Paragraph 497.5(2)(u) of the Act is replaced by the following:

        • (t.1) being a leadership contestant, contravenes section 478.921 (sending false or misleading declaration);

        • (u) being the financial agent of a leadership contestant, contravenes paragraph 478.93(a) or knowingly contravenes paragraph 478.93(b) (providing document that contains false or misleading information or that is substantially incomplete); or

  • — 2018, c. 31, s. 345

    • 345 Paragraph 499(2)(a) of the Act is replaced by the following:

      • (a) knowingly contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or

  • — 2018, c. 31, s. 346

    • 2014, c. 12, s. 100(2)
      • 346 (1) Subsections 500(1) and (2) of the Act are replaced by the following:

        • Punishment — strict liability offences
          • 500 (1) Every person who is guilty of an offence under any of subsections 484(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.

          • Punishment — offences requiring intent (summary conviction)

            (2) Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1) and 489(2), sections 491.1 and 493 and subsections 495(2) and (3), 497.1(2) and 497.2(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

      • 2014, c. 12, s. 100(3)

        (2) The portion of subsection 500(5) of the Act before paragraph (a) is replaced by the following:

        • Punishment — offences requiring intent (dual procedure)

          (5) Every person who is guilty of an offence under any of subsections 480(1) and (2), 480.1(1), 481(1) and 482(1), section 482.1, subsections 484(3), 485(2), 486(3) and (4), 487(2), 488(2) and 489(3), section 490, subsection 491(3), section 491.2, subsection 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liable

      • (3) Subsection 500(6) of the Act is replaced by the following:

        • Additional punishment — third parties

          (5.1) Every third party that is guilty of an offence under paragraph 495.21(1)(a) or (b) or subsection 495.21(2) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount of the funds whose source was a foreign entity that were used, or the amount of the funds that were used to circumvent the prohibition on using funds whose source is a foreign entity.

        • Additional punishment — third parties

          (5.2) Every third party that is guilty of an offence under paragraph 495.3(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the pre-election period expenses limit in question.

        • Additional punishment — third parties

          (6) Every third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the election period expenses limit in question.

  • — 2018, c. 31, s. 347

      • 347 (1) Paragraph 502(1)(e) of the Act is replaced by the following:

        • (e) being a candidate, contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or

      • (2) Paragraph 502(2)(a) of the Act is repealed.

      • (3) Paragraph 502(2)(c) of the Act is replaced by the following:

        • (c) being a candidate or an official agent of a candidate, knowingly contravenes paragraph 43(b) (impersonation of election officer);

      • (4) Paragraph 502(2)(h) of the Act is replaced by the following:

        • (g.1) contravenes section 281.5 (only one vote);

        • (g.2) contravenes paragraph 281.7(1)(a) (request or apply for a ballot or special ballot under false name);

        • (h) being a candidate or an official agent of a candidate, commits an offence under subsection 282.7(1) (offering bribe);

      • 2014, c. 12, s. 102(3)

        (5) Paragraph 502(2)(h.1) of the Act is replaced by the following:

        • (h.1) being a candidate or an official agent of a candidate, commits an offence under subsection 480.1(1) (impersonation); or

      • (6) Subsection 502(2) of the Act is amended by striking out “or” at the end of paragraph (h.2) and by repealing paragraph (i).

  • — 2018, c. 31, s. 348

    • 2003, c. 19, s. 59(1) and (2); 2014, c. 12, s. 103

      348 Section 503 of the Act is replaced by the following:

      • Deregistered parties
        • 503 (1) A political party that is deregistered during a pre-election period does not commit an offence under paragraph 495.3(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in section 349.1.

        • Prior expenses applied against spending limit

          (1.1) If subsection (1) applies, then partisan activity expenses, partisan advertising expenses and election survey expenses incurred before the deregistration shall be applied against any maximum amount set out in section 349.1 and, if the limit is exceeded, the political party shall not incur any additional partisan activity expenses, partisan advertising expenses or election survey expenses.

        • Deregistered parties

          (1.2) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in section 350.

        • Eligible party

          (2) An eligible party that does not become a registered party during the election period of a general election does not commit an offence under paragraph 496(1)(a) or (2)(a) if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in section 350.

        • Prior expenses applied against spending limit

          (3) If subsection (1.2) or (2) applies, then partisan activity expenses, election advertising expenses and election survey expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against any maximum amount set out in section 350 and, if the maximum amount is exceeded, the party shall not incur any additional partisan activity expenses, election advertising expenses or election survey expenses.

  • — 2018, c. 31, s. 349

    • 2014, c. 12, s. 104

      349 Section 505 of the Act is replaced by the following:

      • Prosecution of third parties — groups
        • 505 (1) If a third party that is a group commits an offence under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the person who is responsible for the group or its financial agent commits the offence if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the offence.

        • Prosecution of third parties — vicarious liability

          (2) For the purpose of a prosecution brought against a third party under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the third party is deemed to be a person and any act or omission of the person who signed the application for registration in respect of the third party — or, in the absence of an application, the person who would have signed it — or the third party’s financial agent, within the scope of that person’s or financial agent’s authority, is deemed to be an act or omission of the third party.

        • Prosecution of third parties — groups or corporations ($50,000)

          (3) If a third party that is a group or corporation commits an offence under paragraph 495.3(1)(d) or 496(1)(c), the third party is liable on conviction to a fine of not more than $50,000 instead of the punishment set out in subsection 500(1).

        • Prosecution of third parties — groups or corporations ($100,000)

          (4) If a third party that is a group or corporation commits an offence under paragraph 495.3(2)(e) or 496(2)(e), the third party is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5).

  • — 2018, c. 31, s. 350

    • 350 The Act is amended by adding the following after section 508:

      Violations

      • Violation

        508.1 Every person or entity that contravenes section 281.3, 281.4 or 281.5 or a provision of any of Parts 16, 17 and 18 – or that fails to comply with a requirement of the Chief Electoral Officer under any of those Parts, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner — commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act.

      • Continuing violation

        508.2 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.

      • How act or omission may be proceeded with

        508.3 If an act or omission may be proceeded with as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other.

      Administrative Monetary Penalties

      • Purpose of penalty

        508.4 The purpose of an administrative monetary penalty is to promote compliance with this Act, and not to punish.

      • Maximum amount of penalty
        • 508.5 (1) Subject to subsection (2), the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity.

        • Maximum — sections 363 and 367

          (2) The maximum administrative monetary penalty for a violation arising from the contravention of section 363 or 367 is an amount equal to twice the amount that was contributed in contravention of that section, plus

          • (a) $1,500, in the case of an individual who contravenes section 363 or 367; and

          • (b) $5,000, in the case of a corporation or an entity that contravenes section 363.

      • Criteria for penalty
        • 508.6 (1) The amount of an administrative monetary penalty is to be determined taking into account

          • (a) the degree of intention or negligence on the part of the person or entity that committed the violation;

          • (b) the harm done by the violation;

          • (c) whether the person or entity derived any advantage from the violation;

          • (d) whether the person or entity made reasonable efforts to mitigate or reverse the violation’s effects;

          • (e) whether the person or entity has taken steps to avoid committing the violation in the future;

          • (f) whether the person or entity has provided all reasonable assistance to the Commissioner with respect to the violation, including reporting it and providing any relevant information;

          • (g) the person’s or entity’s history of compliance with the provisions of this Act;

          • (h) the person’s or entity’s ability to pay the penalty;

          • (i) any aggravating and mitigating circumstances; and

          • (j) any other factor that, in the opinion of the Commissioner, is relevant.

        • Notice

          (2) The Commissioner may take into account a factor under paragraph (1)(j) only if a notice that sets out the factor has been published on his or her Internet site.

        • Consultations

          (3) Before publishing the notice, the Commissioner shall consult with the Chief Electoral Officer and then

          • (a) consult with the Advisory Committee of Political Parties established by subsection 21.1(1); and

          • (b) publish on his or her Internet site, for the purpose of public consultation, a notice that sets out the proposed factor for at least 30 days.

  • — 2018, c. 31, s. 352

    • 2014, c. 12, ss. 108 and 157

      352 Sections 509.1 and 509.2 of the Act are replaced by the following:

      • 509.1 [In force]

      • 509.2 [In force]

        • (a) [In force]

        • (b) [In force]

        • (c) [In force]

        • (d) issuing notices of violation that set out an administrative monetary penalty; or

        • (e) accepting undertakings.

      • 509.21 [In force]

      • 509.22 [In force]

      • Delegation

        509.23 The Commissioner may delegate to any member of his or her staff, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties or functions that relate to the issuance of notices of violation or the acceptance of undertakings under this Part.

  • — 2018, c. 31, s. 357

    • 357 The Act is amended by adding the following after section 510:

      • Election expenses return — supporting documents

        510.001 In the course of conducting an investigation under section 510 in response to a complaint, the Commissioner may require the chief agent of a registered party to provide by a specified date documents evidencing any expense set out in the party’s election expenses return, including bank statements, deposit slips and cancelled cheques.

      • 510.01 to 510.04 [In force]

  • — 2018, c. 31, s. 358

    • 2014, c. 12, s. 108
      • 358 (1) Paragraph 510.1(2)(c) of the Act is replaced by the following:

        • (c) [In force]

        • (c.1) when a review by the Chief Electoral Officer is requested under section 521.14, information that the Chief Elector Officer requires;

      • (2) Subsection 510.1(2) of the Act is amended by adding the following after paragraph (d):

        • (d.1) information that is required to be disclosed in the course of an application for judicial review in respect of a decision taken under this Act;

      • (3) Subsection 510.1(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (f):

        • (f.1) information that, in the Commissioner’s opinion, is necessary in order for a person or entity to provide an undertaking; and

  • — 2018, c. 31, s. 364

    • 2006, c. 9, s. 134; 2014, c. 12, s. 110

      364 Sections 518 to 521 of the Act are replaced by the following:

      • 518 [In force]

        • 519 (1) [In force]

          • (a) a notice of violation may be served on the contracting party as a result of the failure to comply with the provision of the compliance agreement;

          • (b) [In force]

          • (c) [In force]

        • (2) [In force]

      • 520 [In force]

      • 521 [In force]

  • — 2018, c. 31, s. 365

    • 365 The Act is amended by adding the following after section 521.1:

      Proceedings in Respect of a Violation

      Notice of Violation
      • Issuance of notice of violation
        • 521.11 (1) If the Commissioner believes on reasonable grounds that a person or entity has committed a violation, the Commissioner may issue, and shall cause to be served on the person or entity, a notice of violation that

          • (a) sets out the person or entity’s name;

          • (b) identifies the provision of this Act that was contravened or the requirement, or the provision of the compliance agreement or undertaking, that was not complied with;

          • (c) identifies the act or omission to which the violation relates;

          • (d) sets out the amount of the administrative monetary penalty for the violation;

          • (e) sets out the particulars concerning the manner of payment;

          • (f) informs the person or entity of their right to request a review by the Chief Electoral Officer or the Commissioner, as the case may be, of the alleged violation or proposed penalty, and sets out the manner for doing so;

          • (g) informs the person or entity that if they provide an undertaking that is accepted by the Commissioner, the proceedings commenced by the notice will be ended; and

          • (h) informs the person or entity of the consequences of failing to pay the penalty, request a review or provide the Commissioner with an undertaking.

        • Approval of manner of requesting review

          (2) The manner for requesting a review by the Chief Electoral Officer that is set out in the notice of violation requires the Chief Electoral Officer’s prior approval.

        • Correction or cancellation of notice of violation

          (3) At any time before a request for a review in respect of the notice of violation is received by the Chief Electoral Officer or the Commissioner, as the case may be, the Commissioner may cancel the notice of violation or correct an error in it.

      • Limitation period or prescription
        • 521.12 (1) No notice of violation may be issued after the expiry of five years after the day on which the Commissioner becomes aware of the act or omission to which the alleged violation relates nor, in any case, later than 10 years after the day on which the act or omission occurred.

        • Certification by Commissioner

          (2) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the act or omission that constitutes the alleged violation, is admissible in evidence without proof of the signature or official character of the individual appearing to have signed it and, in the absence of evidence to the contrary, is proof that the Commissioner became aware of the act or omission on that day.

      Undertakings
      • Provision of undertaking
        • 521.13 (1) If a person or entity has committed a violation, they may provide the Commissioner with an undertaking in writing that is aimed at ensuring compliance with this Act.

        • When undertaking may be provided

          (2) If a notice of violation has been served on a person or entity, an undertaking in relation to an act or omission to which the notice relates may be provided at any time before the person or entity is deemed to have committed the violation to which the notice relates.

        • Contents

          (3) The Commissioner may accept the undertaking only if the undertaking

          • (a) identifies, as the case may be,

            • (i) the provision of this Act that was contravened,

            • (ii) the requirement of the Chief Electoral Officer that was not complied with, or

            • (iii) if the undertaking relates to the failure to comply with a provision of a compliance agreement or another undertaking, the provision of the compliance agreement or other undertaking that was not complied with;

          • (b) identifies the act or omission to which the contravention or the failure to comply relates; and

          • (c) contains the terms and conditions that the Commissioner considers appropriate, including a requirement that the person or entity pay an amount that is specified in the undertaking in the time and manner set out in the undertaking.

        • Obligation of Commissioner

          (4) Before accepting the person’s or entity’s undertaking, the Commissioner shall inform them of the Commissioner’s obligation to publish a notice under subsection 521.34(2).

      Review
      • Request for review

        521.14 Instead of paying the amount of the administrative monetary penalty set out in the notice of violation, the person or entity named in the notice of violation may, within 30 days after the day on which the notice of violation is served — or within 30 days after the day on which they are served with a notice informing them that their undertaking has not been accepted — and in the manner specified in the notice of violation

        • (a) request a review by the Commissioner with respect to the alleged violation or the penalty, or both, if the amount of the penalty is

          • (i) $500 or less, in the case of a notice of violation that was issued to an individual, or

          • (ii) $1500 or less, in the case of a notice of violation that was issued to a corporation or an entity; or

        • (b) request a review by the Chief Electoral Officer with respect to the alleged violation or the penalty, or both, if the amount of the penalty is

          • (i) more than $500, in the case of a notice of violation that was issued to an individual, or

          • (ii) more than $1500, in the case of a notice of violation that was issued to a corporation or an entity.

      • Decision
        • 521.15 (1) If a review is requested under section 521.14, the Chief Electoral Officer or the Commissioner, as the case may be, shall do one or more of the following:

          • (a) determine, on a balance of probabilities, whether the person or entity committed the violation;

          • (b) confirm or reduce the amount of the administrative monetary penalty; or

          • (c) determine that there should be no administrative monetary penalty in respect of the violation.

        • Written evidence and submissions

          (2) The Chief Electoral Officer or the Commissioner, as the case may be, is to consider only written evidence and written submissions when making a decision under subsection (1).

        • Service of decision

          (3) The Chief Electoral Officer or the Commissioner, as the case may be, shall cause a copy of any decision made under subsection (1) to be served on the person or entity that requested the review. The Chief Electoral Officer shall also cause a copy of any decision he or she makes under subsection (1) to be given to the Commissioner.

        • Violation not committed — effect

          (4) If the Chief Electoral Officer or the Commissioner, as the case may be, determines under subsection (1) that the person or entity that requested the review did not commit the violation, the proceedings commenced in respect of it are ended.

        • Liability to pay

          (5) The person or entity that requested the review is liable to pay, within 30 days after the day on which they were served with the copy of the decision and in the manner specified in the notice of violation,

          • (a) the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision; or

          • (b) the reduced amount of the administrative monetary penalty set out in the decision.

      Consequences
      • Payment of penalty — notice of violation
        • 521.16 (1) If, within 30 days after the day on which they were served with a notice of violation, the person or entity named in the notice pays, in the manner specified in the notice, the amount of the administrative monetary penalty set out in the notice,

          • (a) they are deemed to have committed the violation in respect of which the amount is paid;

          • (b) the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; and

          • (c) the proceedings commenced in respect of the violation are ended.

        • Payment of penalty — review decision

          (2) If, within 30 days after the day on which they were served with the copy of a decision under subsection 521.15(3), the person or entity pays, in the manner specified in the notice of violation to which the decision relates, the amount of the administrative monetary penalty for which they are liable under subsection 521.15(5),

          • (a) they are deemed to have committed the violation in respect of which the amount is paid;

          • (b) the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; and

          • (c) the proceedings commenced in respect of the violation are ended.

      • Undertaking accepted before service of notice of violation
        • 521.17 (1) If the Commissioner accepts the person’s or entity’s undertaking without a notice of violation having been served on them in connection with an act or omission referred to in the undertaking, no notice of violation may be served on them in connection with an act or omission referred to in the undertaking.

        • Undertaking accepted after service of notice of violation

          (2) If the Commissioner accepts the person or entity’s undertaking after a notice of violation has been served on them in connection with an act or omission referred to in the undertaking, the proceeding that was commenced by the notice of violation, including any review requested under section 521.14, is ended.

      • No action after notice of violation served

        521.18 If the person or entity named in the notice of violation fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:

        • (a) pay the administrative monetary penalty set out in the notice in the manner specified in the notice;

        • (b) exercise their right to request a review in the manner specified in the notice; or

        • (c) provide the Commissioner with an undertaking.

      • No action taken after undertaking not accepted

        521.19 If the person or entity named in the notice informing them that their undertaking has not been accepted fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:

        • (a) pay the administrative monetary penalty set out in the notice in the manner specified in the notice; or

        • (b) exercise their right to request a review in the manner specified in the notice.

      • Failure to pay after review decision

        521.2 If the person or entity does not pay the amount referred to in paragraph 521.15(5)(a) or (b) in the manner specified in the notice of violation to which the decision relates within 30 days after the day on which they are served with the copy of the decision under subsection 521.15(3), they are deemed to have committed the violation identified in the notice of violation.

      Miscellaneous
      • Service — Chief Electoral Officer
        • 521.21 (1) Service of a copy of a decision of the Chief Electoral Officer must be made in the manner set out on the Chief Electoral Officer’s Internet site.

        • Service — Commissioner

          (2) Service of the following documents must be made in the manner set out on the Commissioner’s Internet site:

          • (a) a notice of violation;

          • (b) a copy of the Commissioner’s decision under section 521.15; and

          • (c) a notice informing a person or entity that their undertaking has not been accepted by the Commissioner.

        • Day of service

          (3) The day of service of a document referred to in subsection (1) or (2) is

          • (a) if it is left with an individual, the day on which it is left with them;

          • (b) if it is sent by registered mail, the 10th day after the date indicated in the receipt issued by a post office;

          • (c) if it is sent by courier, the 10th day after the date indicated in the courier’s receipt issued to the sender; and

          • (d) if it is sent by electronic means, the day on which it is sent.

      • Request for review
        • 521.22 (1) A person or entity that is served with a notice of violation may make a request for a review referred to in the notice by delivering the request by hand or by sending it by registered mail, courier or electronic means to a person and place specified in the notice.

        • Day of request

          (2) If a person or entity makes the request, the day on which it is made is

          • (a) if it is delivered by hand, the day on which the request is delivered to the authorized recipient;

          • (b) if it is sent by registered mail or courier, the earlier of the day on which it is received by the authorized recipient and the day indicated in the receipt given to the sender by a post office or courier; and

          • (c) if it is sent by electronic means, the day on which it is sent.

      • Due diligence defence available

        521.23 The Chief Electoral Officer and the Commissioner are not to determine that a person or entity has committed a violation if the person or entity establishes that they exercised due diligence to prevent its commission.

      • Common law principles

        521.24 Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for any offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

      • Deregistered parties
        • 521.25 (1) A political party that is deregistered during a pre-election period does not commit a violation arising from the contravention of any of subsections 349.1(1) to (3) or 349.2 if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 349.1(1) to (3), as the case may be.

        • Deregistered parties

          (2) A political party that is deregistered during an election period does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 350(1) to (4), as the case may be.

        • Eligible party

          (3) An eligible party that does not become a registered party during the election period of a general election does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in any of subsections 350(1) to (4), as the case may be.

      • Evidence

        521.26 In any proceeding in respect of a violation, a notice of violation or a copy of the decision purporting to be served under this Part is admissible in evidence without proof of the signature or official character of the individual purporting to have signed it.

      • Violation by officers, etc.

        521.27 If an entity commits a violation, any of the entity’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the entity that actually committed the violation is proceeded against under this Act.

      • Third parties — groups

        521.28 If an entity that is a third party that is a group commits a violation, the person who is responsible for the group or its financial agent commits the violation if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the violation.

      • Employees or agents or mandataries

        521.29 A person or entity is liable for a violation that is committed by an employee or agent or mandatary of the person or entity acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

      • Personal capacity

        521.3 An administrative monetary penalty imposed on an individual under this Part is deemed to be imposed on them in their personal capacity regardless of the capacity in which they acted when they committed the violation.

        • 521.31 (1) [In force]

          • (a) [In force]

          • (b) if a person or entity that is served with a notice of violation does not exercise any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the amount of the administrative monetary penalty set out in the notice of violation that remains unpaid after the expiry of the time set out in the notice to pay the amount;

          • (c) if a person or entity that is served with a notice of violation exercises any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the following amount that remains unpaid after the expiry of 30 days after the day on which they were served with the copy of the Chief Electoral Officer’s or the Commissioner’s decision:

            • (i) the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision, or

            • (ii) the reduced amount of the administrative monetary penalty that is set out in the decision; and

          • (d) if a person or entity has provided an undertaking that is accepted by the Commissioner in which an amount is to be paid to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the undertaking to pay that amount.

        • (2) [In force]

        • (3) [In force]

      • 521.32 [In force]

      • Remittance to Receiver General

        521.33 The amount of an administrative monetary penalty shall be paid to the Commissioner, who shall forward that amount to the Receiver General.

      • Publication — notice of violation
        • 521.34 (1) The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that is deemed to have committed a violation, identifies the act or omission or the failure to comply to which the violation relates and sets out the amount of the administrative monetary penalty.

        • Publication — accepted undertaking

          (2) The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that provided an undertaking accepted by the Commissioner, along with the text of the undertaking other than the signature of the individuals who signed it.

  • — 2018, c. 31, s. 371

    • 371 The Act is amended by adding the following after section 541:

      • 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.

  • — 2018, c. 31, s. 372

    • 372 Section 549 of the Act and the heading before it are replaced by the following:

      Solemn Declarations and Affidavits

      • 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.

        • No fees for solemn declaration or affidavit

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

        • 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.

        • 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.

      • 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.

        • 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.

  • — 2018, c. 31, s. 374

    • 374 The Act is amended by adding the following after section 554:

      Judicial Review

      • 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.

        • 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.

  • — 2018, c. 31, s. 375

    • 375 Schedule 1 to the Act is replaced by the Schedule 1 set out in the schedule to this Act.

      SCHEDULE 1

      Form 1(Section 58)Writ of Election

      blank line

      Deputy of the Governor General

      ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

      To blank line

      of blank line

      GREETING:

      WHEREAS, by and with the advice of OUR PRIME MINISTER OF CANADA, We have ordered a PARLIAMENT TO BE HELD AT OTTAWA, on the blank line day of blank line next. (Omit the foregoing preamble in case of a by-election.)

      WE COMMAND YOU that, notice of the time and place of election being duly given,

      YOU DO CAUSE election to be made according to law of a member to serve in the House of Commons of Canada for the said electoral district in the Province aforesaid (in case of a by-election: in the place of blank line);

      AND YOU DO CAUSE the closing day for the nomination of candidates to be blank line;

      And if a poll becomes necessary, that the poll be held on blank line;

      AND YOU DO CAUSE the name of that member when so elected, whether present or absent, to be certified to Our Chief Electoral Officer, as by law directed (in case of a by-election, omit the following) as soon as possible and not later than the blank line day of blank line (year).

      Witness:blank line, Deputy of Our Right Trusty and Well-beloved blank line, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, GOVERNOR GENERAL AND COMMANDER-IN-CHIEF OF CANADA.

      At Our City of blank line , on blank line and in the blank line year of Our Reign.

      BY COMMAND,

      Chief Electoral Officer

      Form 2(Section 62)

      Notice of Election form

      Form 3(Subsections 116(1) and 138(1))Form of Ballot Paper

      Front

      Front view of form of ballot paper with sample names and white circles next to each name all on a black background

      Form 3 – ConcludedForm of Ballot Paper

      Back

      Back view of form of ballot paper

      Form 4(Section 186)Form of Special Ballot Paper

      Form of special ballot paper
  • — 2018, c. 31, s. 377

    • 2014, c. 12, s. 126
      • 377 (1) Paragraph 18(d) of Schedule 4 to the Act is replaced by the following:

        • (d) the judge shall, in the Recount Ballot Box Report, indicate in writing the determination with respect to each disputed ballot and complete the judge’s disposition portion of the report;

      • 2014, c. 12, s. 126

        (2) Paragraph 18(g) of Schedule 4 to the Act is replaced by the following:

        • (g) the judge shall sign the Recount Ballot Box Report, which shall be given, with the judge’s disposition noted on it, to the person responsible for the preparation of the Master Recount Report along with the original statement of the vote.

  • — 2018, c. 31, s. 380

    • Words and expressions — Canadian Forces electors
      • 380 (1) Words and expressions used in sections 381 and 382 have the same meaning as in section 177 of the Canada Elections Act, as it read immediately before the day on which section 134 of this Act comes into force.

      • (2) [In force]

      • Words and expressions — other cases

        (3) Words and expressions used in sections 384 to 389 have the same meaning as in subsection 2(1) of the Canada Elections Act, as it read immediately before the day on which the section in question comes into force.

  • — 2018, c. 31, s. 381

    • Deemed place of ordinary residence
      • 381 (1) For the purpose of subsection 8(1) of the Canada Elections Act, on the day on which section 134 of this Act comes into force, the place of ordinary residence of a person referred to in paragraph 191(a), (c) or (d) of the Canada Elections Act, as it read immediately before that day, who has made a statement of ordinary residence that has been validated before that day in accordance with paragraph 196(2)(a) of that Act, as it read immediately before that day, is deemed to be the place of ordinary residence identified by that person in their statement of ordinary residence.

      • Retention of validated statement

        (2) The commanding officer of the unit in which the person is serving shall retain the validated statement of ordinary residence referred to in subsection (1) for a period of two years after the day on which section 134 of this Act comes into force.

      • Statements to be destroyed

        (3) Subject to subsection (2), the commanding officer may destroy any original or copy of a statement of ordinary residence that was filed with the unit.

  • — 2018, c. 31, s. 382

    • Right to register — Register of Electors
      • 382 (1) Each commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is entitled to vote in accordance with section 191 of the Canada Elections Act of the right to ask the Chief Electoral Officer to include the person in the Register of Electors, as defined in subsection 2(1) of that Act, or, if already included in it, to ask for their registration to be updated.

      • Right to register — Register of Future Electors

        (2) Each commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is qualified as a future elector, as defined in subsection 2(1) of the Canada Elections Act, of the right to ask the Chief Electoral Officer to include the person in the Register of Future Electors, as defined in that subsection.

  • — 2018, c. 31, s. 384

    • Coming into force during election period
      • 384 (1) If section 1 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights, including obligations to report and rights to reimbursement of election expenses.

      • Prior elections

        (2) All obligations and rights arising out of any election that took place before the day on which section 1 comes into force and that are still outstanding on that day, including obligations to report and rights to reimbursement of election expenses, are subject to the Canada Elections Act as it read immediately before the day on which the writ is issued for that election.

      • Bill C-50

        (3) Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 1 comes into force but both the other Act and that section come into force during the same election period, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that election and all related obligations and rights, including obligations to report and rights to reimbursement of election expenses.

  • — 2018, c. 31, s. 385

    • Registered parties — financial reporting

      385 For the fiscal period of a registered party during which section 268 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered party is to provide in relation to its financial transactions for that fiscal period.

  • — 2018, c. 31, s. 386

    • Registered associations — financial reporting

      386 For the fiscal period of a registered association during which section 272 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered association is to provide in relation to its financial transactions for that fiscal period.

  • — 2018, c. 31, s. 387

    • Coming into force during nomination contest
      • 387 (1) If section 282 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations, including obligations to report.

      • Prior nomination contests

        (2) All obligations arising out of any nomination contest that took place before the day on which section 282 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read immediately before the date on which the nomination contest began.

      • Bill C-50

        (3) Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 282 comes into force but both the other Act and that section come into force during the same nomination contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that nomination contest and all related obligations, including obligations to report.

  • — 2018, c. 31, s. 388

    • Coming into force during leadership contest
      • 388 (1) If section 313 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations, including obligations to report.

      • Prior leadership contests

        (2) All obligations arising out of any leadership contest that took place before the day on which section 313 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read immediately before the day on which the leadership contest began.

      • Bill C-50

        (3) Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 313 comes into force but both the other Act and that section come into force during the same leadership contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that leadership contest and all related obligations, including obligations to report.

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