Fair Elections Act (S.C. 2014, c. 12)
Full Document:
Assented to 2014-06-19
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.
22. (1) Subsection 41(1) of the Act is replaced by the following:
Marginal note:Results transposed
41. (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties’ candidates, registered associations or registered parties have the right to provide the returning officer for that electoral district with lists of persons to be appointed as election officers.
(2) Subsection 41(4) of the Act is replaced by the following:
Marginal note:Notice
(4) When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), (2) or (3), he or she shall notify those registered parties without delay of that right.
23. (1) Subsection 52(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) is under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted.
(2) Section 52 of the Act is amended by adding the following after subsection (1):
Marginal note:Conditions
(1.1) A person’s name may be deleted under paragraph (1)(d) only if the authorized representative has provided the Chief Electoral Officer with a copy of the court order and satisfactory proof of that representative’s identity.
24. Paragraphs 64(2)(a) and (b) of the Act are replaced by the following:
(a) the name and political affiliation, if any, of each candidate, as stated in the nomination papers, in the order in which their names are to be placed on the ballots;
(b) the name of the official agent for each candidate, as stated in the nomination papers; and
25. Paragraph 65(i) of the Act is replaced by the following:
(i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired.
26. (1) Subparagraph 66(1)(a)(iv) of the Act is replaced by the following:
(iv) the name, address and occupation of the prospective candidate’s auditor appointed under subsection 477.1(2), and
(2) Paragraph 66(2)(b) of the French version of the Act is replaced by the following:
b) un ou plusieurs des prénoms peuvent être remplacés par un surnom — sauf un surnom susceptible d’être confondu avec le nom d’un parti politique — sous lequel la personne qui désire se porter candidat est publiquement connue et, dans ce cas, le surnom peut être accompagné des initiales du ou des prénoms;
(3) Subsection 66(3) of the Act is replaced by the following:
Marginal note:Public knowledge of nickname
(3) A prospective candidate who uses a nickname described in paragraph (2)(b) in his or her nomination paper shall, if the returning officer requests it, provide the returning officer with documents that are determined by the Chief Electoral Officer to be evidence of the common public knowledge of the nickname.
Marginal note:2001, c. 21, s. 8
27. Paragraph 67(4)(c) of the Act is replaced by the following:
(c) if applicable, an instrument in writing, signed by the leader of the political party or by a person referred to in subsection 406(2), that states that the prospective candidate is endorsed by the party in accordance with section 68.
28. Subsection 73(2) of the French version of the Act is replaced by the following:
Marginal note:Sanction
(2) Si les originaux ne parviennent pas au directeur du scrutin dans le délai fixé, la candidature est annulée sauf si l’intéressé convainc celui-ci qu’il a pris les mesures raisonnables pour acheminer les originaux dans ce délai.
Marginal note:2003, c. 19, ss. 3 and 4
29. The heading before section 82 and sections 82 to 88 of the Act are repealed.
30. Section 90 of the Act is repealed.
Marginal note:2006, c. 9, s. 40
31. The heading before section 92.1 and sections 92.1 to 92.6 of the Act are repealed.
32. Section 95 of the Act is amended by adding the following after subsection (3):
Marginal note:Change in polling station address
(4) If, on or before the 5th day before polling day, there is a change in the address of the polling station of an elector to whom a notice of confirmation of registration has been sent, the returning officer shall send another notice to the elector indicating the new address.
33. Section 96 of the Act is renumbered as subsection 96(1) and is amended by adding the following:
Marginal note:Cancellation of by-election
(2) If a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, any revisions that are made to the preliminary lists of electors before the deemed withdrawal are deemed to have been approved by the returning officer or the assistant returning officer on the day fixed by the Chief Electoral Officer under subsection (1) as the beginning date for the revision of the preliminary lists of electors.
34. Section 98 of the Act is replaced by the following:
Marginal note: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 have level access.
35. (1) Section 101 of the Act is amended by adding the following after subsection (1):
Marginal note:Prescribed registration form
(1.01) The prescribed registration form shall include a statement, to be signed by the elector who completes the form, that the elector whose name is to be added to the preliminary list of electors under subsection (1) is qualified as an elector.
(2) Subsection 101(3) of the Act is replaced by the following:
Marginal note:Change of address
(3) The previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (d) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector’s name shall then be deleted from the Register of Electors in relation to the previous address.
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