Fair Elections Act (S.C. 2014, c. 12)
Full Document:
Assented to 2014-06-19
36. Section 106 of the Act is replaced by the following:
Marginal note:Official list of electors
106. Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.
Marginal note:2007, c. 21, s. 18
37. Subsections 107(2) and (3) of the Act are replaced by the following:
Marginal note:Transmittal of list
(2) Each returning officer shall deliver to each deputy returning officer the revised list of electors or official list of electors, as the case may be, that the deputy returning officer needs to conduct the vote in his or her respective advance polling station or polling station. The list shall indicate each elector’s sex and year of birth.
Marginal note:Transmittal to candidates
(3) Each returning officer shall deliver to each candidate a printed copy and a copy in electronic form of a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s sex or year of birth.
38. Subsection 110(1) of the Act is replaced by the following:
Marginal note:Registered parties
110. (1) A registered party that, under section 45, subsection 93(1.1) or section 109, receives a copy of lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
Marginal note:Eligible parties
(1.1) An eligible party that, under subsection 93(1.1), receives a copy of preliminary lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
39. (1) Section 111 of the Act is amended by adding the following after paragraph (d):
(d.1) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;
(2) Subparagraph 111(f)(i) of the Act is replaced by the following:
(i) to enable registered parties, eligible parties, members or candidates to communicate with electors in accordance with section 110, or
Marginal note:2001, c. 21, s. 12
40. The portion of subsection 117(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Name of party
(2) The name, in the form referred to in paragraph 385(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if
41. Paragraph 119(1)(g) of the Act is replaced by the following:
(g) a ballot box for polling day and a separate ballot box for each day of advance polling;
42. Subsection 123(2) of the Act is replaced by the following:
Marginal note:Maximum
(2) A returning officer shall not group together more than 10 polling stations in a central polling place without the Chief Electoral Officer’s prior approval.
43. The Act is amended by adding the following after section 125:
Marginal note:Information — location of polling stations
125.1 (1) The returning officer for an electoral district shall in writing inform each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district of the addresses of all of the polling stations in the electoral district. That information shall be provided on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, and the returning officer shall at the same time provide them with the information in electronic form.
Marginal note:Notification of change — on or before 5th day before polling day
(2) If, on or before the 5th day before polling day, there is a change in any of the addresses of the polling stations in the electoral district, the returning officer shall without delay notify the candidates and the political parties in writing of the change. He or she shall at the same time provide them with the information in electronic form.
Marginal note:Notification of change — after 5th day before polling day
(3) If, after the 5th day before polling day, there is a change in any of the addresses of the polling stations in the electoral district, the returning officer shall without delay notify the candidates and the political parties of the change.
44. (1) Subsection 135(1) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (f):
(g) any person appointed under section 32.1; and
(h) if the polling station is established for a polling division of an electoral district in which a leader of a registered party is a candidate, any media representative who, subject to any conditions that the Chief Electoral Officer considers necessary to protect the integrity of the vote and the privacy of any person present at the polling station, is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any video recording of the candidates as they cast their votes.
(2) Section 135 of the Act is amended by adding the following after subsection (4):
Marginal note:Oath
(5) A candidate’s representative who is appointed to more than one polling station, whether those polling stations are placed together in a central polling place or not, shall, before being admitted to the first polling station, take an oath in the prescribed form before the central poll supervisor or before the deputy returning officer of that polling station. The representative is not required to take another oath on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already taken the oath.
45. (1) Section 136 of the Act is amended by adding the following after subsection (2):
Marginal note:Moving between polling stations
(2.1) Despite subsection (2), a candidate’s representative may, either before or after the counting of the votes begins, go from one polling station to another if those polling stations are in the same polling place. However, once the representative leaves the polling place, he or she is not permitted to return after the counting of the votes begins.
(2) Subsection 136(4) of the Act is replaced by the following:
Marginal note:Photographs, recordings and communications devices
(4) A candidate’s representative
(a) shall not take any photograph or make any audio or video recording at a polling station; and
(b) shall not, if he or she uses a communications device at a polling station, impede any elector from exercising their right to vote or violate the secrecy of the vote.
Marginal note:2007, c. 21, s. 21
46. (1) The portion of subsection 143(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Proof of identity and residence
(2) If the poll clerk determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then the elector shall provide the deputy returning officer and the poll clerk with the following proof of the elector’s identity and, subject to subsection (3), his or her residence:
Marginal note:2007, c. 21, s. 21
(2) Paragraph 143(2)(b) of the Act is replaced by the following:
(b) two pieces of identification of a type authorized under subsection (2.1), each of which establishes the elector’s name and at least one of which establishes the elector’s address.
Marginal note:2007, c. 21, s. 21
(3) Subsection 143(2.1) of the Act is replaced by the following:
Marginal note:Authorized types of identification
(2.1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document — other than a notice of confirmation of registration sent under section 95 or 102 — regardless of who issued the document, may be authorized.
Marginal note:2007, c. 21, s. 21
(4) Subsection 143(3) of the Act is replaced by the following:
Marginal note:Alternative proof of residence
(3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.1) that establish the elector’s name may instead prove his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 143.1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division who
(a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and
(b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
(i) they have received the oral advice set out in subsection 143.1(2),
(ii) they know the elector personally,
(iii) they know that the elector resides in the polling division,
(iv) they have not attested to the residence of another elector at the election, and
(v) their own residence has not been attested to by another elector at the election.
Marginal note:2007, c. 21, s. 21
(5) Section 143 of the Act is amended by adding the following after subsection (3.2):
Marginal note:Examination of identification documents
(3.3) A candidate or their representative may examine but not handle any piece of identification presented under this section.
Marginal note:2007, c. 21, s. 21
(6) Subsections 143(5) and (6) of the Act are replaced by the following:
Marginal note:Prohibition — attesting to residence of more than one elector
(5) 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)
(6) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.
- Date modified: