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An Act to amend the Canada Elections Act and the Public Service Employment Act (S.C. 2007, c. 21)

Assented to 2007-06-22

An Act to amend the Canada Elections Act and the Public Service Employment Act

S.C. 2007, c. 21

Assented to 2007-06-22

An Act to amend the Canada Elections Act and the Public Service Employment Act

SUMMARY

This enactment amends the Canada Elections Act to improve the integrity of the electoral process by reducing the opportunity for electoral fraud or error. It requires that electors, before voting, provide one piece of government-issued photo identification showing their name and address or two pieces of identification authorized by the Chief Electoral Officer showing their name and address, or take an oath and be vouched for by another elector.

It also amends the Canada Elections Act to, among other things, make operational changes to improve the accuracy of the National Register of Electors, facilitate voting and enhance communications with the electorate.

It amends the Public Service Employment Act to permit the Public Service Commission to make regulations to extend the maximum term of employment of casual workers.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2000, c. 9CANADA ELECTIONS ACT

 The definitions “list of electors” and “polling day” in subsection 2(1) of the Canada Elections Act are replaced by the following:

“list of electors”

« liste électorale »

“list of electors” means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer.

“polling day”

« jour du scrutin »

“polling day”, in relation to an election, means the date fixed under paragraph 57(1.2)(c) for voting at the election.

 Subsection 17(1) of the Act is replaced by the following:

Marginal note:Power to adapt Act
  • 17. (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

 The Act is amended by adding the following after section 43:

Marginal note:Right of access
  • 43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to perform his or her duties under this Act.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection.

 Section 44 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Identifier

    (2.1) The Register of Electors must also contain, for each elector, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

 Subsections 45(1) to (3) of the Act are replaced by the following:

Marginal note:Members and registered parties
  • 45. (1) By November 15 in each year, the Chief Electoral Officer shall send 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 in electronic form — taken from the Register of Electors — of the lists of electors for the electoral district.

  • Marginal note:Contents of lists of electors

    (2) The lists of electors shall set out each elector’s surname, given names, civic address and mailing address, and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged in the form established by the Chief Electoral Officer according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their surnames.

  • Marginal note:Exception

    (3) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.

 Section 46 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Retention of certain information

    (1.1) The Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors, for the purpose of correlating information subsequently collected with information already contained in the Register of Electors.

 The Act is amended by adding the following after section 46:

Marginal note:Citizenship information

46.1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.

Marginal note:Information in respect of deceased individuals

46.2 For the purpose of updating the Register of Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the Register of Electors.

 The Act is amended by adding the following after section 47:

Marginal note:Other duties

47.1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors that are requested by the Chief Electoral Officer.

 Subsections 55(1) to (3) of the Act are replaced by the following:

Marginal note:Provincial bodies
  • 55. (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors, governing the giving of information contained in the Register of Electors, or the giving of information referred to in subsection 44(2) or (2.1) that the Chief Electoral Officer intends to include in the Register of Electors, if that information is needed for establishing such a list.

  • Marginal note:Conditions

    (2) The Chief Electoral Officer shall include in the agreement conditions regarding the use and protection of personal information given under the agreement.

  •  (1) Paragraph 56(b) of the Act is replaced by the following:

    • (b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector, to the surname, given names, sex, civic address or mailing address of that person, or to the identifier assigned to that person by the Chief Electoral Officer, for the purpose of having that person’s name deleted from the Register of Electors;

  • (2) Section 56 of the Act is amended by striking out the word “or” at the end of paragraph (d) and by replacing paragraph (e) with the following:

    • (e) knowingly use personal information that is obtained from the Register of Electors except as follows:

      • (i) to enable registered parties, members or candidates to communicate with electors in accordance with section 110,

      • (ii) for the purpose of a federal election or referendum, or

      • (iii) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or

    • (f) knowingly use other personal information that is transmitted in accordance with an agreement made under section 55 except in accordance with the conditions included in the agreement.

  •  (1) Subsection 81(1) of the Act is replaced by the following:

    Marginal note:Canvassing, etc., in residential areas
    • 81. (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative from

      • (a) in the case of an apartment building, condominium building or gated community, canvassing, between 9:00 a.m. and 9:00 p.m., at the doors to the apartments, units or houses, as the case may be; or

      • (b) in the case of a multiple-residence building, campaigning, between 9:00 a.m. and 9:00 p.m., in a common area in the multiple residence.

  • (2) Subsection 81(2) of the French version of the Act is replaced by the following:

    • Marginal note:Exception

      (2) Le paragraphe (1) ne s’applique pas au responsable d’un immeuble à logements multiples si le fait de permettre les activités de campagne visées à ce paragraphe peut mettre en danger la santé physique ou affective des résidants de l’immeuble.

 The Act is amended by adding the following after section 81:

Marginal note:Campaigning in public places
  • 81.1 (1) No person who is in control of a building, land, street or any other place, any part of which is open without charge to members of the public, whether on a continuous, periodic or occasional basis — including any commercial, business, cultural, historical, educational, religious, governmental, entertainment or recreational place — may prevent a candidate or his or her representative from campaigning in or on that part when it is open without charge to members of the public.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a place if campaigning in or on it would be incompatible with the function and purpose of the place or inconsistent with public safety.

 Subsection 93(2) of the Act is replaced by the following:

  • Marginal note:Distribution of preliminary lists

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

  • Marginal note:Form of preliminary list of electors

    (2) A preliminary list of electors shall contain only the name and address of each elector in the electoral district and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.

 

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