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
59. Subsection 233(3) of the Act is replaced by the following:
Marginal note:Information provided
(3) An elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors.
60. Section 237 of the Act is replaced by the following:
Marginal note:Provision of ballot
237. Subject to section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot, an inner envelope and an outer envelope.
Marginal note:Proof of identity and residence
237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.
Marginal note:Presence of candidate or representative
(2) A candidate or their representative may be present at the office when the elector
(a) receives the ballot;
(b) places the folded ballot in the inner envelope and seals it; and
(c) places the inner envelope in the outer envelope and seals it.
Marginal note:Examination of identification documents
(3) The candidate or representative may examine but not handle any piece of identification provided by the elector.
Marginal note:Prohibition — attesting to residence of more than one elector
(3.1) No elector shall attest to the residence of more than one elector at an election.
Marginal note:Prohibition — attesting to residence (own residence attested to)
(3.2) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.
Marginal note:Application of provisions
(4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:
(a) sections 135 to 137;
(b) sections 143 and 144;
(c) subsection 164(1);
(d) section 166; and
(e) paragraph 489(3)(c).
61. (1) Subsection 283(1) of the Act is replaced by the following:
Marginal note:Counting the votes
283. (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk, any person appointed under section 32.1 whose duties include being present at the count and any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.
(2) Paragraph 283(3)(a) of the Act is replaced by the following:
(a) count the number of electors who voted at the polling station, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election in this polling station is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;
(3) Paragraph 283(3)(d) of the Act is replaced by the following:
(d) total the number of electors indicated under paragraph (a) who voted at the polling station and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;
62. The Act is amended by adding the following after section 288:
Marginal note:Oaths
288.01 The deputy returning officer shall place the form for each oath taken under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.
Marginal note:Periodic statements of electors who voted
288.1 The deputy returning officer shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.
63. Subsection 289(2) of the Act is replaced by the following:
Marginal note:Application of rules for counting votes
(2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll except that
(a) for the application of paragraph 283(3)(e), the deputy returning officer shall open the ballot boxes and empty their contents onto a table; and
(b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.
64. Subsection 290(1) of the Act is replaced by the following:
Marginal note:Sending ballot boxes and envelopes to returning officer
290. (1) The deputy returning officer for a polling station or an advance polling station shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of the deputy returning officer for a polling station, the envelope referred to in section 288.1 to the returning officer.
65. Section 291 of the Act is replaced by the following:
Marginal note:Provision of documents
291. A returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, with
(a) one copy of each statement of the vote in respect of the candidate’s electoral district; and
(b) one copy of the documents prepared under paragraph 162(i.1).
66. The Act is amended by adding the following after section 292:
Marginal note:List of oath-takers
292.1 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who took an oath under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.
67. Subsection 301(1) of the Act is replaced by the following:
Marginal note:Application for recount
301. (1) An elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, apply to a judge for a recount.
68. Section 303 of the Act is repealed.
69. Subsection 304(3) of the Act is replaced by the following:
Marginal note:Procedure for certain recounts
(3) In the case of a recount conducted by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.
70. Section 308 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) return to the returning officer the election documents or other election materials brought for the purpose of the recount under subsection 300(4) and deliver to him or her the reports created in the course of the recount.
71. (1) Paragraph 311(1)(c) of the Act is replaced by the following:
(c) in the Province of Nova Scotia, British Columbia or Prince Edward Island, to a judge of the Supreme Court of the Province;
(2) Paragraph 311(1)(e) of the Act is replaced by the following:
(e) in the Province of Newfoundland and Labrador, to a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador.
72. The definition “election advertising” in section 319 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) the making of telephone calls to electors only to encourage them to vote.
73. Section 329 of the Act and the heading before it are repealed.
74. Subsection 345(3) of the Act is replaced by the following:
Marginal note:Free time not election expense
(3) The value of free broadcasting time made available to a registered party under this section shall not be taken into consideration in calculating its election expenses within the meaning of section 376.
75. The Act is amended by adding the following after section 348:
PART 16.1VOTER CONTACT CALLING SERVICES
Division 1Interpretation
Marginal note:Definitions
348.01 The following definitions apply in this Part.
“automatic dialing-announcing device”
« composeur-messager automatique »
“automatic dialing-announcing device” means any automatic equipment that has the capability to store or produce telephone numbers and that is used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to those telephone numbers.
“call”
« appel »
“call” means any of the following types of calls that are made to telephone numbers:
(a) live voice calls;
(b) calls made by means of an automatic dialing-announcing device;
(c) calls that consist of a combination of the types of calls referred to in paragraphs (a) and (b).
“calling service provider”
« fournisseur de services d’appel »
“calling service provider” means a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group.
“group”
« groupe »
“group” means a registered party, registered association, unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.
“internal services”
« services internes »
“internal services” means
(a) in relation to a group, the services provided by its members or employees, and those provided to it free of charge by any individual;
(b) in relation to a candidate, a nomination contestant or a third party who is an individual, the services provided by them personally or by their employees and those provided free of charge to the candidate, contestant or third party by any individual; and
(c) in relation to a third party that is a corporation, the services provided by its employees and those provided to it free of charge by any individual.
“official representative”
« représentant officiel »
“official representative” means
(a) in the case of a registered party, its chief agent;
(b) in the case of a registered association, its financial agent;
(c) in the case of a candidate, their official agent;
(d) in the case of a nomination contestant, their financial agent;
(e) in the case of a registered third party, its financial agent;
(f) in the case of an unregistered third party that is a corporation, the officer of the corporation who has signing authority for it; and
(g) in the case of an unregistered third party that is a group, a person who is responsible for the group.
“registered third party”
« tiers enregistré »
“registered third party” means a third party that is registered under section 353.
“third party”
« tiers »
“third party” means a person or a group, other than a registered party, registered association, candidate or nomination contestant.
“voter contact calling services”
« services d’appels aux électeurs »
“voter contact calling services” means services involving the making of calls during an election period for any purpose related to an election, including
(a) promoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated;
(b) encouraging electors to vote or to refrain from voting;
(c) providing information about the election, including information about voting hours and the location of polling stations;
(d) gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; and
(e) raising funds for a registered party, a registered association, a candidate or a nomination contestant.
76. The Act is amended by adding the following after section 348.01:
Division 1.1Provision of Voter Contact Calling Services
Agreements Relating to Voter Contact Calling Services
Marginal note:Prohibition — entering into agreement with calling service provider
348.02 A person or group shall not enter into an agreement with a calling service provider for voter contact calling services unless
(a) the person or group is a registered party, a registered association, a nomination contestant or a registered third party, or an unregistered third party that is a corporation or group, and the agreement is entered into on behalf of the person or group by the person’s or group’s official representative;
(b) the person is a candidate and the agreement is entered into in their own name or on their behalf by their official representative or by a person that their official representative has so authorized in writing; or
(c) the person is an unregistered third party who is an individual and the agreement is entered into in their own name.
Marginal note:Obligation to inform
348.03 Before a person enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, the person shall inform the calling service provider that the agreement is for voter contact calling services and shall provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.
Marginal note:Obligation to obtain identification information
348.04 (1) Before a calling service provider enters into an agreement with a person or group to provide voter contact calling services, the calling service provider shall obtain from the person who is to enter into the agreement, either in their own name or on behalf of the person or a group, their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.
Marginal note:Obligation to keep identification information
(2) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.
Marginal note:Obligation to confirm nature of services
348.05 (1) A calling service provider that enters into an agreement to make calls for or on behalf of a person or group shall, before the first call is made under the agreement during an election period, ask the person or group whether the making of calls under the agreement would constitute voter contact calling services.
Marginal note:Obligation to authorize, etc.
(2) If the making of calls under the agreement does constitute voter contact calling services, a person who is authorized under section 348.02 to enter into an agreement for voter contact calling services with respect to the person or group in question shall, before the first call is made, authorize the provision of voter contact calling services under the agreement and provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.
Marginal note:Obligation to obtain identification information
(3) If the making of calls under the agreement does constitute voter contact calling services, the calling service provider shall, before the first call is made, obtain from the person who provides the authorization in accordance with subsection (2) that person’s name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains that person’s name.
Marginal note:Obligation to keep identification information
(4) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.
Filing Obligations — Registration Notices
Marginal note:Obligation to file registration notice
348.06 (1) A calling service provider that, in accordance with an agreement, provides voter contact calling services shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.
Marginal note:Time for filing and contents
(2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out
(a) the calling service provider’s name;
(b) the name of the person or group with which the calling service provider has entered into the agreement; and
(c) the type of calls to be made under the agreement.
Marginal note:Obligation to file registration notice — agreement
348.07 (1) A person who enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, or a person who provides an authorization of the provision of voter contact calling services under an agreement in accordance with subsection 348.05(2), as the case may be, shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.
Marginal note:Time for filing and contents
(2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out
(a) the calling service provider’s name;
(b) the name of the person or group with which the calling service provider has entered into the agreement; and
(c) the type of calls to be made under the agreement.
Marginal note:Obligation to provide copy of identification document
(3) The person who files the registration notice shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.
Marginal note:Deeming
(4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.
Marginal note:Obligation to file registration notice — live voice calls
348.08 (1) If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the third party’s official representative shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.
Marginal note:Time for filing and contents
(2) The registration notice shall be filed not later than 48 hours after the first live voice call is made and shall set out
(a) the third party’s name;
(b) the name, address and telephone number of the official representative; and
(c) a statement that the third party is making live voice calls.
Marginal note:Obligation to provide copy of identification document
(3) The official representative shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.
Marginal note:Deeming
(4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.
Marginal note:Obligation to file registration notice — other calls
348.09 (1) If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the official representative of the person or group — or the person themselves, if the person is an unregistered third party who is an individual — shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.
Marginal note:Time for filing and contents
(2) The registration notice shall be filed not later than 48 hours after the first call is made and shall set out
(a) the name of the person or group;
(b) the name, address and telephone number of the official representative or individual; and
(c) a statement that the person or group is making calls by means of an automatic dialing-announcing device.
Marginal note:Obligation to provide copy of identification document
(3) The official representative or individual shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.
Marginal note:Deeming
(4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.
Role of the Canadian Radio-television and Telecommunications Commission
Marginal note:Administration and enforcement
348.1 (1) The Canadian Radio-television and Telecommunications Commission is responsible for the administration and enforcement of this Division.
Marginal note:Telecommunications Act
(2) The administration and enforcement of this Division are to be carried out under Part V of the Telecommunications Act.
Marginal note:Registry
348.11 The Canadian Radio-television and Telecommunications Commission is responsible for establishing and maintaining a registry, to be known as the Voter Contact Registry, in which all documents provided to it under sections 348.06 to 348.09 are to be kept.
Marginal note:Publication
348.12 As soon as feasible after the expiry of 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.
Marginal note:Delegation
348.13 (1) The Canadian Radio-television and Telecommunications Commission may, in writing and on any terms it specifies, delegate to any person any of the powers, duties and functions referred to in sections 348.11 and 348.12.
Marginal note:Revocation
(2) The Commission may, in writing, revoke a delegation made under subsection (1).
Marginal note:Authorization of types of identification
348.14 The Canadian Radio-television and Telecommunications Commission may authorize the types of pieces of identification and of copies of such pieces of identification for the purposes of sections 348.03 to 348.05 and 348.07 to 348.09.
Marginal note:Disclosure to Commissioner
348.15 The Canadian Radio-television and Telecommunications Commission shall, on the request of the Commissioner, disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.
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