Fair Elections Act (S.C. 2014, c. 12)
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Assented to 2014-06-19
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.
Marginal note:This Act
157. On the first day on which both sections 76 and 108 are in force, section 509.2 of the Canada Elections Act is replaced by the following:
Marginal note:Duty
509.2 The Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced.
COMING INTO FORCE
Marginal note:Royal assent
158. (1) Subsections 2(5) and (6), sections 3, 6, 8, 10, 11 and 15, subsections 26(2) and (3), sections 28, 34 and 35, subsections 39(1), 50(3) and (4) and 54(2) and (3), sections 71 and 73, subsections 80(2) and (3), sections 82 to 85, 88, 89 and 92, subsection 93(4), sections 94 and 95, subsections 97(1) and (2), section 98, subsections 100(1), 101(2) and 102(3), sections 104, 106, 109 to 111, 124, 125, 127, 136, 145 and 153 to 157 come into force on the day on which this Act receives royal assent.
Marginal note:Order in council
(2) Subsection 2(1), sections 5.1, 108, 114 and 117, subsection 123(2) and sections 134, 135, 146, 148 and 150 to 152 come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Six months after royal assent
(3) Subsections 2(2) to (4) and (7) to (9), sections 5, 7, 9, 12 to 14 and 16 to 25, subsection 26(1), sections 27, 29 to 33 and 36 to 38, subsection 39(2), sections 40 to 49, subsections 50(1) to (2) and (5), sections 51 to 53, subsections 54(1) to (1.2) and (4), sections 55 to 70, 72, 74, 77 to 79, 86, 90 and 91, subsections 93(1) to (3), sections 94.1 and 96, subsections 97(1.1) and (3), section 99, subsections 100(2) and (3), 101(1) and 102(1), (2) and (4), sections 103, 105, 107, 112, 113, 115, 116 and 118 to 122, subsection 123(1) and sections 126, 128 to 133, 147 and 149 come into force six months after the day on which this Act receives royal assent unless, before then, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations for the bringing into operation of those provisions have been made and that they may come into force accordingly, in which case they come into force on the day on which the notice is published.
Marginal note:Dissolution of Parliament
(4) Sections 4, 76 and 137 to 144 come into force on the day on which Parliament is next dissolved or, if that day occurs less than six months after the day on which this Act receives royal assent, those sections come into force six months after the day on which Parliament is next dissolved.
Marginal note:Section 75
(5) Section 75 comes into force on the day on which section 76 or 77 comes into force, whichever comes first.
Marginal note:January 1 following royal assent
(6) Subsection 80(1) and section 81 come into force on January 1 of the year following the year in which this Act receives royal assent.
Marginal note:January 1
(7) Subsection 87(1) comes into force on January 1 of the year following the year in which section 86 comes into force.
Marginal note:January 1
(8) Subsection 87(2) comes into force on January 1 of the year following the year in which subsection 87(1) comes into force.
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