Fair Elections Act (S.C. 2014, c. 12)
Full Document:
- HTMLFull Document: Fair Elections Act (Accessibility Buttons available) |
- PDFFull Document: Fair Elections Act [1033 KB]
Assented to 2014-06-19
2000, c. 9CANADA ELECTIONS ACT
Amendments to the Act
Marginal note:2003, c. 19, s. 63(2); 2006, c. 9, s. 59
109. Section 514 of the Act is replaced by the following:
Marginal note:Limitation period
514. (1) Proceedings in respect of an offence under a provision set out in subsection 500(1) may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose.
Marginal note:Exception
(2) Despite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender’s return.
Marginal note:No limitation period
(3) Proceedings in respect of an offence under a provision set out in any of subsections 500(2) to (5) may be commenced at any time.
110. Section 521 of the Act is replaced by the following:
Marginal note:Publication
521. The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and the text — other than the parties’ signatures — of the compliance agreement.
Marginal note:2002, c. 7, s. 94(E)
111. (1) Paragraph 525(2)(c) of the Act is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court;
(2) Paragraph 525(2)(e) of the Act is replaced by the following:
(e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and
112. Section 533 of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) by polling division, the number of additions of names and the number of corrections of information that were made to, and the number of deletions of names that were made from, the official list of electors on polling day;
(a.2) the conclusions of the report made by the auditor engaged under section 164.1 for that general election or by-election; and
113. (1) Subsection 534(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) any measures to adapt any provision of this Act that have been taken under section 17 or 179 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons; and
(c) any measures that he or she has taken to improve the accuracy of the lists of electors since the last report and any such measures that he or she proposes to take.
(2) Subsection 534(2) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) any measures to adapt any provision of this Act that have been taken under section 17 or 179 in relation to each of the by-elections and that he or she considers should be brought to the attention of the House of Commons; and
(c) any measures that he or she has taken to improve the accuracy of the lists of electors in relation to each of the by-elections and any such measures that he or she proposes to take.
Marginal note:2006, c. 9, s. 135
114. Section 535.1 of the Act is repealed.
115. The Act is amended by adding the following after section 535.2:
Marginal note:Report on alternatives to signature
535.3 Without delay after exercising his or her authority under section 18.3, the Chief Electoral Officer shall report to the Speaker of the House of Commons as to the manner in which a requirement under a provision of this Act for a signature may be satisfied.
Marginal note:2006, c. 9, s. 177
116. Section 536 of the Act is replaced by the following:
Marginal note:Submission of report to House of Commons
536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534, 535, 535.2 or 535.3 to the House of Commons without delay.
Marginal note:2006, c. 9, s. 136
117. Subsection 540(4) of the Act is replaced by the following:
Marginal note:Exception
(4) Subsection (3) does not prohibit the Chief Electoral Officer or any authorized member of his or her staff from inspecting the documents referred to in that subsection.
Marginal note:Exception
(4.1) The Chief Electoral Officer may also disclose any of the documents referred to in subsection (3) to the Commissioner for the purposes of the exercise or performance of the Commissioner’s powers, duties and functions under this Act and the Commissioner may, in turn, disclose any of those documents to the Director of Public Prosecutions, who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.
Marginal note:2003, c. 19, s. 64
118. Subsection 541(1) of the Act is replaced by the following:
Marginal note:Inspection of instructions, correspondence and other reports
541. (1) All documents referred to in section 432, 437, 475.4, 476.75, 477.59 or 478.8, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours.
119. (1) Section 542 of the Act is amended by adding the following after subsection (1):
Marginal note:Treasury Board directive
(1.1) The tariff may incorporate by reference any Treasury Board directive regarding travel and living expenses, as it is amended from time to time.
(2) Section 542 of the Act is amended by adding the following after subsection (3):
Marginal note:Payment of additional sums
(4) If it appears to the Chief Electoral Officer that the fees, costs, allowances and expenses provided for by a tariff under subsection (1) are not sufficient remuneration for the services required to be performed at an election or that a claim for any necessary service performed or for materials supplied for or at an election is not covered by the tariff, the Chief Electoral Officer may authorize the payment of any sum or additional sum for the services or materials that he or she considers just and reasonable.
120. Section 543 of the Act is replaced by the following:
Marginal note:Payment of claims
543. All claims that relate to the conduct of an election shall be paid by electronic payment credited to the accounts of persons who are entitled to payment or by separate cheques issued from the office of the Receiver General and sent directly to such persons.
121. Section 545 of the Act is repealed.
122. Section 552 of the Act is replaced by the following:
Marginal note:Tabling of forms
552. Each form established for the purposes of paragraph 432(1)(a) or 437(1)(a) shall be laid before the House of Commons on any of the first 15 days that it is sitting after the form is made by the Chief Electoral Officer.
123. (1) Paragraph 553(d) of the Act is replaced by the following:
(d) any fees, costs, allowances or expenses referred to in subsection 542(1) or (4);
(2) Section 553 of the Act is amended by adding “and” after paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).
124. Subsection 554(2) of the Act is replaced by the following:
Marginal note:Amendments
(2) It is the duty of the Chief Electoral Officer immediately after the coming into force of an amendment to this Act to publish a consolidated version of this Act on the Chief Electoral Officer’s Internet site, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as the consolidated version has been so published and the forms and instructions have been so corrected and reprinted.
Marginal note:2001, c. 21, s. 26
125. Part 22 of the Act is repealed.
126. The Act is amended by adding, after Schedule 3, the Schedule 4 set out in the schedule to this Act.
Transitional Provisions
Marginal note:Chief Electoral Officer — application of section 13
127. Despite section 13 of the Canada Elections Act, as enacted by section 3, the person who occupies the position of Chief Electoral Officer immediately before the day on which that section 3 comes into force may continue to hold office until he or she reaches the age of 65 years.
Marginal note:Coming into force during election period
128. (1) If section 86 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses.
Marginal note:Prior elections
(2) All obligations and rights arising out of any election that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report and rights to reimbursement of election expenses, are subject to the Canada Elections Act as it read at the time of that election.
Marginal note:Prior loans and unpaid claims
129. Loans made before the day on which section 86 comes into force, and claims that are still unpaid on that day, are subject to the Canada Elections Act as it read immediately before that day.
Marginal note:Registered parties — financial reporting
130. For the fiscal period of a registered party during which section 86 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered party is to provide in relation to its financial transactions for that fiscal period.
Marginal note:Registered associations — financial reporting
131. For the fiscal period of a registered association during which section 86 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered association is to provide in relation to its financial transactions for that fiscal period.
Marginal note:Coming into force during nomination contest
132. (1) If section 86 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations including obligations to report.
Marginal note:Prior nomination contests
(2) All obligations arising out of any nomination contest that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that nomination contest.
Marginal note:Coming into force during leadership contest
133. (1) If section 86 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations including obligations to report.
Marginal note:Prior leadership contests
(2) All obligations arising out of any leadership contest that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that leadership contest.
Marginal note:Commissioner of Canada Elections — continuation of term
134. (1) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for at least 18 months, he or she shall continue in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act as enacted by that section 108. However, his or her term of office begins on the date of his or her appointment under section 509 of the Canada Elections Act as it read immediately before the day on which that section 108 comes into force.
Marginal note:Commissioner of Canada Elections — termination
(2) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for less than 18 months, his or her term of office expires on that day.
Marginal note:No right to compensation
(3) A person to whom subsection (2) applies does not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office as a result of subsection (2).
Marginal note:Definition
135. (1) For the purposes of this section, “former portions” means the following portions of the federal public administration in the Office of the Chief Electoral Officer:
(a) the portion known as the Investigations Directorate;
(b) the portion known as the Compliance and Enforcement Directorate; and
(c) the portion known as Internal Services – Investigations and Compliance and Enforcement.
Marginal note:Transfer of appropriations
(2) Any amount that was appropriated, for the fiscal year in which this section comes into force, for defraying the charges and expenses in respect of the former portions and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Director of Public Prosecutions for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.
Marginal note:Continuation of legal proceedings
(3) Any action, suit or other legal proceedings to which the Chief Electoral Officer is a party relating to the former portions that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Director of Public Prosecutions in the same manner and to the same extent as it could have been continued by or against the Chief Electoral Officer.
Marginal note:Employment continued
(4) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the day on which this section comes into force, occupied a position in the former portions, except that the employee shall, beginning on that day, occupy his or her position in the Office of the Director of Public Prosecutions.
R.S., c. E-3ELECTORAL BOUNDARIES READJUSTMENT ACT
136. The Electoral Boundaries Readjustment Act is amended by adding the following before section 29:
Marginal note:Administrative support services
28.1 Despite any other Act of Parliament, the Chief Electoral Officer may provide administrative support services to commissions to assist them in performing their duties under this Act, including by undertaking activities that support
(a) human resources management services;
(b) financial management services;
(c) information management services;
(d) information technology services;
(e) communications services;
(f) services relating to real property and immovables;
(g) materiel services; and
(h) acquisition services.
Page Details
- Date modified: