Fair Elections Act (S.C. 2014, c. 12)
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Assented to 2014-06-19
2000, c. 9CANADA ELECTIONS ACT
Amendments to the Act
Marginal note:2007, c. 21, s. 2
6. Subsections 17(1) and (2) of the Act are 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, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, 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.
Marginal note:Limitation — power to adapt
(2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.
7. Section 18 of the Act is replaced by the following:
Marginal note:Public education and information programs
17.1 The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to students at the primary and secondary levels.
Marginal note:Advertising
18. (1) The Chief Electoral Officer may transmit or cause to be transmitted advertising messages, both inside and outside Canada, to inform electors about the exercise of their democratic rights. Such advertising messages shall only address
(a) how to become a candidate;
(b) how an elector may have their name added to a list of electors and may have corrections made to information respecting the elector on the list;
(c) how an elector may vote under section 127 and the times, dates and locations for voting;
(d) how an elector may establish their identity and residence in order to vote, including the pieces of identification that they may use to that end; and
(e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.
Marginal note:Clarification
(1.1) For greater certainty, subsection (1) does not prevent the Chief Electoral Officer from transmitting or causing to be transmitted advertising messages for any other purpose relating to his or her mandate.
Marginal note:Communication with electors with disabilities
(2) The Chief Electoral Officer shall ensure that any information provided under subsection (1) is accessible to electors with disabilities.
Marginal note:Unsolicited calls
(3) The Chief Electoral Officer shall not provide information under this section by the use of calls, as defined in section 348.01, that are unsolicited.
Marginal note:2001, c. 21, s. 2
8. Section 18.1 of the Act is replaced by the following:
Marginal note:International cooperation
18.01 The Chief Electoral Officer may, at the Governor in Council’s request, provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.
Marginal note:Alternative voting process
18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting processes, and may devise and test an alternative voting process for future use in a general election or a by-election. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters or, in the case of an alternative electronic voting process, without the prior approval of the Senate and the House of Commons.
Marginal note:Power to enter into contracts, etc.
18.2 (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name.
Marginal note:Leases
(2) The Chief Electoral Officer may authorize a returning officer to enter into a lease in the Chief Electoral Officer’s name, subject to any terms and conditions that the Chief Electoral Officer specifies.
Marginal note:Contracts, etc., binding on Her Majesty
(3) Every contract, memorandum of understanding and arrangement entered into in the Chief Electoral Officer’s name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Chief Electoral Officer.
Marginal note:Goods and services
(4) Despite section 9 of the Department of Public Works and Government Services Act, the Chief Electoral Officer may procure goods and services from outside the federal public administration.
9. The Act is amended by adding the following after section 18.2:
Marginal note:Signature
18.3 A requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer authorizes.
10. Section 20 of the Act is replaced by the following:
Marginal note:Technical assistance
20. (1) The Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses.
Marginal note:Casual and temporary staff
(2) Any additional officers, clerks and employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.
11. The Act is amended by adding the following after section 21:
Advisory Committee of Political Parties
Marginal note:Establishment
21.1 (1) A committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader.
Marginal note:Purpose
(2) The purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing.
Marginal note:Advice and recommendations not binding
(3) The committee’s advice and recommendations are not binding on the Chief Electoral Officer.
Marginal note:Meetings
(4) The committee shall meet at least once a year and its meetings shall be presided over by the Chief Electoral Officer.
12. (1) Paragraph 22(1)(a) of the Act is replaced by the following:
(a) field liaison officers appointed under section 23.2;
(a.1) returning officers appointed under subsection 24(1);
(2) Subsection 22(1) of the Act is amended by adding the following after paragraph (g):
(g.1) persons appointed under section 32.1;
13. The Act is amended by adding the following after section 23:
Marginal note:Unsolicited calls
23.1 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.
Field Liaison Officers
Marginal note:Appointment of field liaison officers
23.2 (1) The Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.
Marginal note:Qualifications
(2) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as field liaison officers and shall establish for field liaison officers an external appointment process as defined in subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (9).
Marginal note:Meaning of merit
(3) The appointment of a person as a field liaison officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to
(a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and
(b) any current or future operational requirements.
Marginal note:Period of appointment
(4) A field liaison officer shall be appointed for the period determined by the Chief Electoral Officer.
Marginal note:Re-appointment
(5) The Chief Electoral Officer may re-appoint any field liaison officer who has performed the functions of a field liaison officer in a satisfactory manner, regardless of whether or not other persons are considered for the appointment.
Marginal note:Continuation in office
(6) A field liaison officer may, with the Chief Electoral Officer’s approval, continue in office after the expiry of the period referred to in subsection (4) until the field liaison officer is re-appointed or another person is appointed to the office.
Marginal note:Responsibilities
(7) A field liaison officer is responsible, under the Chief Electoral Officer’s general direction, in respect of the geographical area to which they are assigned, for
(a) providing support to returning officers;
(b) acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; and
(c) on the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.
Marginal note:No partisan conduct
(8) No field liaison officer shall knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.
Marginal note:Removal from office
(9) The Chief Electoral Officer may remove from office any field liaison officer who
(a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing their duties and functions under this Act;
(b) fails to discharge competently a field liaison officer’s duties and functions under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or
(c) contravenes subsection (8), whether or not the contravention occurs in the performance of their duties and functions under this Act.
Marginal note:2003, c. 19, s. 2
14. (1) Subsection 24(6) of the Act is replaced by the following:
Marginal note:No partisan conduct
(6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.
(2) Section 24 of the Act is amended by adding the following after subsection (7):
Marginal note:Temporary suspension
(8) During an election period, the Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).
Marginal note:Duration of suspension
(9) The period of suspension expires on the day that is 120 days after the end of the election period, or at the end of any shorter period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.
15. Subsection 27(1) of the Act is replaced by the following:
Marginal note: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 perform any of the duties or functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 63 and 67, subsections 71(1) and 72(1), sections 74, 77, 103, 104, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.
16. (1) Section 28 of the Act is amended by adding the following after subsection (3):
Marginal note:Designated person to act
(3.01) If a returning officer is under suspension during an election period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, perform the duties and functions of a returning officer in relation to that election.
Marginal note:2006, c. 9, s. 176
(2) Subsection 28(3.1) of the French version of the Act is replaced by the following:
Marginal note:Exercice de l’intérim par une autre personne
(3.1) En cas d’absence ou d’empêchement du directeur du scrutin et du directeur adjoint du scrutin, ou de vacance simultanée de leurs postes, pendant la période électorale, le directeur général des élections désigne une personne pour assurer l’intérim à l’égard de l’élection, tant pendant qu’après cette période.
17. The Act is amended by adding the following after section 32:
Marginal note:Additional election officers
32.1 After the issue of the writ, a returning officer may, with the Chief Electoral Officer’s approval, in the prescribed form, appoint any other person whose attendance is, in the returning officer’s opinion, necessary for the conduct of the vote or the counting of the votes at a polling station or an advance polling station, and may assign to that person any duties or functions that the returning officer considers to be appropriate.
18. Subsection 34(1) of the Act is replaced by the following:
Marginal note:Deputy returning officers
34. (1) Each deputy returning officer referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished first in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.
19. Subsection 35(1) of the Act is replaced by the following:
Marginal note:Poll clerks
35. (1) Each poll clerk referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished second in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.
20. Sections 36 and 37 of the Act are replaced by the following:
Marginal note:Appointment
36. A returning officer shall proceed to appoint deputy returning officers and poll clerks from other sources if, by the 24th day before polling day, none of the candidate, the registered association and the registered party has made a recommendation or all three have not, as a group, recommended a sufficient number of suitable persons.
Marginal note:Refusal to appoint
37. (1) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a candidate, a registered association or a registered party and shall immediately advise the candidate, registered association or registered party of the refusal.
Marginal note:Recommendation of another person
(2) If as a result of the refusal a position is not filled, the candidate, registered association or registered party may, within 24 hours after being advised of the refusal, recommend another person and, if no one is recommended, the returning officer shall proceed to appoint another person whose name is solicited from another source.
21. Subsections 39(3) and (4) of the Act are replaced by the following:
Marginal note:Solicitation of names
(3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the candidates of the registered parties whose candidates finished first and second in the last election in the electoral district or from registered associations of those registered parties or, if there are no registered associations, from those registered parties. If, by the 24th day before polling day, a sufficient number of names of suitable persons is not provided by those candidates, registered associations or registered parties, the returning officer may solicit names from other sources.
Marginal note:Equal distribution of appointments
(4) The returning officer shall, as far as possible,
(a) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished first in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party; and
(b) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished second in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party.
If the candidate, registered association and registered party do not, as a group, provide a sufficient number of names of suitable persons, the registered party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.
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