Fair Elections Act (S.C. 2014, c. 12)
Full Document:
Assented to 2014-06-19
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.
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