Fair Elections Act (S.C. 2014, c. 12)
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Assented to 2014-06-19
R.S., c. E-3ELECTORAL BOUNDARIES READJUSTMENT ACT
1993, c. 38TELECOMMUNICATIONS ACT
137. (1) Subsection 71(1) of the Telecommunications Act is replaced by the following:
Marginal note:Designation of inspectors
71. (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act and with the decisions of the Commission under this Act.
Marginal note:1999, c. 31, s. 207(F)
(2) Paragraph 71(4)(a) of the Act is replaced by the following:
(a) subject to subsection (5), enter and inspect, at any reasonable time, any place that is owned by or under the control of any Canadian carrier in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the enforcement of this Act or any special Act or any place in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the enforcement of Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;
(3) Paragraph 71(6)(a) of the French version of the Act is replaced by the following:
a) le local d’habitation est un lieu visé à l’alinéa (4)a);
(4) Paragraph 71(6)(b) of the Act is replaced by the following:
(b) that entry to the dwelling-place is necessary for the enforcement of this Act, any special Act or Division 1.1 of Part 16.1 of the Canada Elections Act, and
Marginal note:2005, c. 50, s. 2
138. The portion of section 72.01 of the Act before paragraph (a) is replaced by the following:
Marginal note:Commission of violation
72.01 Every contravention of a prohibition or requirement of the Commission under section 41 and every contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act constitutes a violation and the person who commits the violation is liable
Marginal note:2005, c. 50, s. 2
139. Section 72.05 of the Act is replaced by the following:
Marginal note:Information requirement
72.05 A person authorized to issue notices of violation who believes that a person is in possession of information that the authorized person considers necessary for the administration of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act may require that person to submit the information to the authorized person in periodic reports or in any other form and manner that the authorized person specifies.
Marginal note:2005, c. 50, s. 2
140. (1) Paragraph 72.06(1)(a) of the Act is replaced by the following:
(a) subject to subsection (2), enter and inspect, at any reasonable time, any place in which he or she believes on reasonable grounds there is any document, information or thing relevant to the enforcement of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;
Marginal note:2005, c. 50, s. 2
(2) Paragraph 72.06(3)(b) of the Act is replaced by the following:
(b) that entry to the dwelling-place is necessary for the enforcement of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act; and
Marginal note:2005, c. 50, s. 2
141. Subsection 72.1(2) of the Act is replaced by the following:
Marginal note:Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence in relation to a contravention of a prohibition or requirement of the Commission under section 41, or a contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, applies in respect of a violation to the extent that the rule or principle is not inconsistent with this Act.
Marginal note:2005, c. 50, s. 2
142. Section 72.14 of the Act is replaced by the following:
Marginal note:How act or omission may be proceeded with
72.14 If a contravention of a prohibition or a requirement of the Commission under section 41, or a contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
143. The Act is amended by adding the following after section 72.15:
Marginal note:Group considered corporation
72.16 For the purposes of sections 72.01 to 72.15, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.
144. (1) Subsection 73(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) contravenes any provision of Division 1.1 of Part 16.1 of the Canada Elections Act
(2) Section 73 of the Act is amended by adding the following after subsection (8):
Marginal note:Group considered corporation
(9) For the purposes of this section, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.
2006, c. 9, s. 2CONFLICT OF INTEREST ACT
145. (1) The definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is amended by adding the following after paragraph (a):
(a.1) the Chief Electoral Officer;
(2) The definition “reporting public office holder” in subsection 2(1) of the Act is amended by adding the following after paragraph (a):
(a.1) the Chief Electoral Officer;
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1Access to Information Act
146. The Access to Information Act is amended by adding the following after section 16.3:
Marginal note:Director of Public Prosecutions
16.31 Subject to section 541 of the Canada Elections Act, the Director of Public Prosecutions may refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of the functions of the Commissioner of Canada Elections under the Canada Elections Act.
R.S., c. E-3Electoral Boundaries Readjustment Act
Marginal note:2011, c. 26, s. 11
147. Subsection 25(3) of the Electoral Boundaries Readjustment Act is replaced by the following:
Marginal note:Returning officers and electoral district associations
(3) For the purpose of authorizing and enabling, whenever required, the appointment of returning officers under section 24 of the Canada Elections Act or the registration of electoral district associations under subsection 469(4) of that Act, the representation order is deemed to be effective on the day on which the proclamation under subsection (1) is issued.
R.S., c. F-11Financial Administration Act
148. Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:
The portion of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions
Le secteur de l’administration publique fédérale faisant partie du Bureau du directeur des poursuites pénales dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste
R.S., c. 1 (5th Supp.)Income Tax Act
149. Paragraph 230.1(1)(a) of the Income Tax Act is replaced by the following:
(a) in the case of an agent other than an official agent of a candidate, the address recorded in the registry of political parties or of electoral district associations referred to in the Canada Elections Act; and
2006, c. 9, s. 121Director of Public Prosecutions Act
150. Subsection 3(2) of the Director of Public Prosecutions Act is replaced by the following:
Marginal note:Rank and status
(2) Subject to subsections 509.1(2) and (3) of the Canada Elections Act, the Director has the rank and status of a deputy head of a department.
151. Subsection 6(4) of the Act is replaced by the following:
Marginal note:Other powers, duties and functions
(4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament, except for the powers under subsection 509(1) of the Canada Elections Act.
152. Subsection 16(1) of the Act is replaced by the following:
Marginal note:Annual report
16. (1) The Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director in the immediately preceding fiscal year.
Marginal note:Commissioner of Canada Elections
(1.1) In addition, the report shall include a section, provided by the Commissioner of Canada Elections, on his or her activities under the Canada Elections Act in that fiscal year. The Commissioner shall not include the details of any investigation.
COORDINATING AMENDMENTS
Marginal note:This Act
153. On the first day on which both sections 5 and 76 are in force,
(a) subsections 16.1(1) and (2) of the Canada Elections Act are replaced by the following:
Marginal note:Guidelines and interpretation notes
16.1 (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act — other than Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.
Marginal note:Application
(2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.
(b) subsection 16.2(1) of the Canada Elections Act is replaced by the following:
Marginal note:Application for written opinion
16.2 (1) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to an activity or practice that the registered party or a registered association, nomination contestant, candidate or leadership contestant of the registered party proposes to engage in.
Marginal note:This Act
154. On the first day on which both sections 13 and 108 are in force, paragraph 509(3)(e) of the Canada Elections Act is replaced by the following:
(e) an election officer referred to in any of paragraphs 22(1)(a) to (b).
Marginal note:This Act
155. On the first day on which both sections 76 and 86 are in force,
(a) subsection 2(6) of the Canada Elections Act is replaced by the following:
Definition of “polling day”
(6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Parts 16.1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, “polling day” means the day that the writ is withdrawn or deemed to be withdrawn.
(b) subsection 426(2) of the Canada Elections Act is replaced by the following:
Marginal note:Prohibition — incurring expenses
(2) Subject to section 348.02, no person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.
(c) subsection 475(2) of the Canada Elections Act is replaced by the following:
Marginal note:Prohibition — incurring expenses
(2) Subject to section 348.02, no person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.
(d) subsection 476.66(5) of the Canada Elections Act is replaced by the following:
Marginal note:Prohibition — incurring nomination campaign expenses
(5) Subject to section 348.02, no person or entity, other than the nomination contestant or their financial agent, shall incur the contestant’s nomination campaign expenses.
Marginal note:This Act
156. (1) If section 86 comes into force before subsection 80(1), then that subsection 80(1) and section 81 are repealed.
(2) If subsection 80(1) comes into force before section 86, then, on the day on which that subsection 80(1) comes into force,
(a) subsection 87(1) is replaced by the following:
87. (1) Subsection 367(1) of the Act, as enacted by section 86, is replaced by the following:
Marginal note:Contribution limits
367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
(a) $1,500 in total in any calendar year to a particular registered party;
(b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
(d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.
(b) subsection 158(7) is deemed to have been replaced, on the day on which this Act receives royal assent, by the following:
Marginal note:January 1
(7) Subsection 87(1) comes into force on the day on which subsection 80(1) comes into force.
(3) If subsection 80(1) comes into force on the same day as section 86, then that subsection 80(1) is deemed to have come into force before that section 86 and subsection (2) applies as a consequence.
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