Elections Modernization Act (S.C. 2018, c. 31)

Full Document:  

Assented to 2018-12-13

Elections Modernization Act

S.C. 2018, c. 31

Assented to 2018-12-13

An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments

SUMMARY

This enactment amends the Canada Elections Act to establish spending limits for third parties and political parties during a defined period before the election period of a general election held on a day fixed under that Act. It also establishes measures to increase transparency regarding the participation of third parties in the electoral process. Among other things that it does in this regard, the enactment

  • (a) adds reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys to the reporting requirements for third parties engaging in election advertising;

  • (b) creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); and

  • (c) creates an obligation for political parties and third parties to identify themselves in partisan advertising during the defined period before the election period.

The enactment also amends the Act to implement measures to reduce barriers to participation and increase accessibility. Among other things that it does in this regard, the enactment

  • (a) establishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;

  • (b) broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;

  • (c) creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;

  • (d) amends some of the rules regarding the treatment of candidates’ expenses, including the rules related to childcare expenses, expenses related to the care of a person with a disability and litigation expenses;

  • (e) amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;

  • (f) allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;

  • (g) removes limitations on public education and information activities conducted by the Chief Electoral Officer;

  • (h) removes two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years and the requirement that they intend to return to Canada to resume residence in the future; and

  • (i) extends voting hours on advance polling days.

The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment

  • (a) removes the assignment of specific responsibilities set out in the Act to specific election officers by creating a generic category of election officer to whom all those responsibilities may be assigned;

  • (b) limits election periods to a maximum of 50 days;

  • (c) removes administrative barriers in order to facilitate the hiring of election officers;

  • (d) authorizes the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;

  • (e) removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;

  • (f) replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;

  • (g) removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;

  • (h) replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;

  • (i) relocates the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provides that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years;

  • (j) provides the Commissioner of Canada Elections with the authority to impose administrative monetary penalties for contraventions of provisions of Parts 16, 17 and 18 of the Act and certain other provisions of the Act;

  • (k) provides the Commissioner of Canada Elections with the authority to lay charges;

  • (l) provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;

  • (m) clarifies offences relating to

    • (i) the publishing of false statements,

    • (ii) participation by non-Canadians in elections, including inducing electors to vote or refrain from voting, and

    • (iii) impersonation; and

  • (n) implements a number of measures to harmonize and streamline political financing monitoring and reporting.

The enactment also amends the Act to provide for certain requirements with regard to the protection of personal information for registered parties, eligible parties and political parties that are applying to become registered parties, including the obligation for the party to adopt a policy for the protection of personal information and to publish it on its Internet site.

The enactment also amends the Parliament of Canada Act to prevent the calling of a by-election when a vacancy in the House of Commons occurs within nine months before the day fixed for a general election under the Canada Elections Act.

It also amends the Public Service Employment Act to clarify that the maximum period of employment of casual workers in the Office of the Chief Electoral Officer — 165 working days in one calendar year — applies to those who are appointed by the Commissioner of Canada Elections.

Finally, the enactment contains transitional provisions, makes consequential amendments to other Acts and repeals the Special Voting Rules.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Elections Modernization Act.

2000, c. 9Canada Elections Act

Marginal note:2014, c. 12, s. 2(2)

  •  (1) The definitions leadership campaign expense and nomination campaign expense in subsection 2(1) of the Canada Elections Act are repealed.

  • Marginal note:2007, c. 21, s. 1; 2014, c. 12, s. 2(7)

    (2) The definitions capital asset, election officer, polling day, prescribed and Register of Electors in subsection 2(1) of the Act are replaced by the following:

    capital asset

    capital asset means any property with a commercial value of more than $200 that

    • (a) in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;

    • (b) in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and

    • (c) in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest. (bien immobilisé)

    election officer

    election officer means a person referred to in subsection 22(1) or appointed under section 32. (fonctionnaire électoral)

    polling day

    polling day, in relation to an election, means the date fixed for voting at the election under paragraph 57(1.2)(c) or subsection 59(4) or 77(2). (jour du scrutin)

    prescribed

    prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. (prescrit)

    Register of Electors

    Register of Electors means the Register of Electors established under paragraph 44(1)(a). (Registre des électeurs)

  • (3) Paragraph (b) of the definition election documents in subsection 2(1) of the Act is replaced by the following:

    • (b) the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;

  • Marginal note:2001, c. 21, s. 1(2)(E); 2014, c. 12, s. 2(4)

    (4) The definition election documents in subsection 2(1) of the Act is amended by striking out “and” at the end of paragraph (e) and by replacing paragraphs (f) and (g) with the following:

    • (f) the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, including

      • (i) stubs and unused ballot papers,

      • (ii) ballot papers cast for the various candidates,

      • (iii) spoiled ballot papers,

      • (iv) rejected ballot papers,

      • (v) the list of electors used at the polling station, advance polling station or returning officer’s office,

      • (vi) written authorizations of candidates’ representatives,

      • (vii) used transfer certificates, if any, and

      • (viii) registration certificates; and

    • (g) the prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector. (documents électoraux)

  • (5) Paragraph (a) of the definition spoiled in subsection 2(1) of the Act is replaced by the following:

    • (a) one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; or

  • Marginal note:2001, c. 21, s. 1(1)

    (6) The definition appartenance politique in subsection 2(1) of the French version of the Act is replaced by the following:

    political affiliation

    appartenance politique S’agissant d’un candidat, la désignation du parti politique qui le soutient ou la désignation « indépendant(e) », selon le cas, mentionnée dans son acte de candidature conformément au sous-alinéa 66(1)a)(v). (political affiliation)

  • (7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    election advertising

    election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

    • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

    • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

    • (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

    • (d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

    • (e) the making of telephone calls to electors only to encourage them to vote. (publicité électorale)

    election advertising expense

    election advertising expense means an expense incurred in relation to

    • (a) the production of an election advertising message; and

    • (b) the transmission of an election advertising message to the public. (dépenses de publicité électorale)

    election survey

    election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated. (sondage électoral)

    future elector

    future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age. (futur électeur)

    National Capital Region

    National Capital Region means the National Capital Region as described in the schedule to the National Capital Act. (région de la capitale nationale)

    partisan advertising

    partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

    • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

    • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

    • (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

    • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

    • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

    • (f) the making of telephone calls to electors only to encourage them to vote. (publicité partisane)

    partisan advertising expense

    partisan advertising expense means an expense incurred in relation to

    • (a) the production of a partisan advertising message; and

    • (b) the transmission of a partisan advertising message to the public. (dépenses de publicité partisane)

    potential candidate

    potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who

    • (a) is selected in a nomination contest;

    • (b) is deemed to be a candidate under section 477;

    • (c) is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or

    • (d) has the support of a political party to be a candidate of that party. (candidat potentiel)

    pre-election period

    pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.1(2) for the holding of a general election and ending on the day before the earlier of

    • (a) the first day of an election period for a general election, and

    • (b) the 37th day before the Monday referred to in subsection 56.1(2) or, if the Governor in Council makes an order under subsection 56.2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)

    Register of Future Electors

    Register of Future Electors means the Register of Future Electors established under paragraph 44(1)(b). (Registre des futurs électeurs)

  • Marginal note:2014, c. 12, s. 2(8)

    (8) The portion of subsection 2(1.1) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Commercial value of capital assets

      (1.1) For the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower of

  • (9) Subsection 2(3) of the Act is replaced by the following:

    • Marginal note:Satisfactory proof of identity and residence

      (3) For the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.

  • (10) Section 2 of the Act is amended by adding the following after subsection (6):

    • Marginal note:Definitions of election advertising and partisan advertising

      (7) For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes

      • (a) in relation to a registered party or eligible party,

        • (i) naming it,

        • (ii) identifying it, including by its logo, and

        • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

      • (b) in relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,

        • (i) naming him or her,

        • (ii) showing a photograph, cartoon or drawing of him or her,

        • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

        • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

 Sections 3 to 5 of the Act are replaced by the following:

Marginal note:Persons qualified as electors

3 Every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.

 Section 7 of the Act is repealed.

 Section 8 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Person residing outside Canada

    (2.1) The place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.

  •  (1) The portion of section 10 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Former member candidates and electors living with them

    • 10 (1) Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, the polling division in which is located

  • (2) Subsection 10(1) is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (c) and by repealing paragraphs (b) and (d).

  • (3) Section 10 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Former member candidates and electors living with them — notice to returning officer

      (2) If a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division in

      • (a) the electoral district in which the former member is a candidate; or

      • (b) the electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.

Marginal note:2003, c. 22, s. 100

 Section 11 of the Act is repealed.

 Subsection 15(1) of the Act is replaced by the following:

Marginal note:Rank, powers and duties

  • 15 (1) Subject to subsections 509.1(2) and (3), the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

Marginal note:2014, c. 12, s. 5

  •  (1) Subsection 16.1(3) of the Act is replaced by the following:

    • Marginal note:Consultations

      (3) Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 45 days after the day on which the copy is sent.

  • Marginal note:2014, c. 12, s. 5

    (2) Subsections 16.1(5) to (7) of the Act are replaced by the following:

    • Marginal note:Issuance

      (7) The Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4 as soon as possible after preparing it.

Marginal note:2014, c. 12, s. 5

  •  (1) Subsection 16.2(2) of the Act is replaced by the following:

    • Marginal note:Consultations

      (2) Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 30 days after the day on which the copy is sent.

  • Marginal note:2014, c. 12, s. 5

    (2) Subsection 16.2(4) of the Act is replaced by the following:

    • Marginal note:Pre-publication

      (4) Within 90 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 90-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 90 days after polling day for that election.

Marginal note:2014, c. 12, s. 5

 Section 16.3 of the Act is replaced by the following:

Marginal note:New interpretation

16.3 If an opinion that is published under subsection 16.2(4) interprets a provision of the Act in a way that contradicts an interpretation of that provision provided in a previously issued opinion, the new interpretation does not replace the former interpretation until the date that the new opinion is issued under section 16.2.

Marginal note:2014, c. 12, s. 5.1

 Subsection 16.5(1) of the Act is repealed.

Marginal note:2014, c. 12, s. 7

 Section 17.1 of the Act is repealed.

Marginal note:2014, c. 12, s. 7

 Subsections 18(1) to (2) of the Act are replaced by the following:

Marginal note:Public education and information programs

  • 18 (1) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

  • Marginal note:Communication with public

    (1.1) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic rights to vote and to be a candidate.

  • Marginal note:Information outside Canada

    (1.2) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.

  • Marginal note:Communication with electors with a disability

    (2) The Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability:

    • (a) how to become a candidate;

    • (b) how an elector may have their name added to a list of electors and may have corrections made to information respecting them on the list;

    • (c) how an elector may vote under section 127 and the times, dates and locations for voting;

    • (d) how an elector may prove their identity and residence in order to vote, including the pieces of identification that they may use to that end; and

    • (e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

  • Marginal note:Communication with future electors with a disability

    (2.1) If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability.

Marginal note:2014, c. 12, s. 8

 Sections 18.01 and 18.1 of the Act are replaced by the following:

Marginal note:International cooperation

18.01 The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.

Marginal note:Voting studies

  • 18.1 (1) The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.

  • Marginal note:Alternative voting

    (2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.

  • Marginal note:Voting technology — electors with a disability

    (3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.

  • Marginal note:Prior approval

    (4) Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

Marginal note:2014, c. 12, s. 8

 Subsection 18.2(1) of the Act is replaced by the following:

Marginal note:Power to enter into contracts, etc.

  • 18.2 (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.

Marginal note:2003, c. 22, s. 102(E)

 Section 19 of the Act and the heading before it are replaced by the following:

Staff

Marginal note:Staff

19 The staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act.

Marginal note:2014, c. 12, s. 10

 Subsection 20(2) of the Act is replaced by the following:

  • Marginal note:Casual and temporary staff

    (2) Any additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.

 Section 21 of the Act is replaced by the following:

Marginal note:Delegation

21 The Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.

  •  (1) Paragraph 22(1)(c) of the Act is replaced by the following:

    • (c) persons authorized by a returning officer under section 27 to exercise powers or perform duties under this Act;

  • Marginal note:2014, c. 12, s. 12(2)

    (2) Paragraphs 22(1)(d) to (k) of the Act are repealed.

  • (3) Subsection 22(1) of the Act is amended by adding “and” at the end of paragraph (m), by striking out “and” at the end of paragraph (n) and by repealing paragraph (o).

  • (4) Paragraph 22(3)(f) of the Act is replaced by the following:

    • (f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act or the Referendum Act, or a regulation made under the Referendum Act, or under an Act of the legislature of a province, or a regulation made under an Act of the legislature of a province, relating to provincial, municipal or school board elections.

  • (5) Subsections 22(4) and (5) of the Act are replaced by the following:

    • Marginal note:Qualifications

      (4) An election officer must be qualified as an elector, and an election officer referred to in paragraph (1)(a.1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.

    • Marginal note:Election officers younger than 18

      (5) Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.

 Section 23 of the Act is replaced by the following:

Marginal note:Solemn declaration

  • 23 (1) Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.

  • Marginal note:Prohibition

    (2) No election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.

  • Marginal note:Sending of solemn declarations

    (3) The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.

Marginal note:2014, c. 12, s. 13

  •  (1) Paragraphs 23.2(9)(a) and (b) of the Act are replaced by the following:

    • (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;

    • (b) fails to competently exercise a field liaison officer’s powers or competently perform a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

  • Marginal note:2014, c. 12, s. 13

    (2) Paragraph 23.2(9)(c) of the English version of the Act is replaced by the following:

    • (c) contravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.

  •  (1) Paragraphs 24(7)(a) and (b) of the Act are replaced by the following:

    • (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising his or her powers or performing his or her duties under this Act;

    • (b) fails to competently exercise a returning officer’s power or competently perform a returning officer’s duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);

  • (2) Paragraph 24(7)(d) of the Act is replaced by the following:

    • (d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her powers or the performance of his or her duties under this Act.

  • Marginal note:2014, c. 12, s. 14(2)

    (3) Subsections 24(8) and (9) of the Act are replaced by the following:

    • Marginal note:Temporary suspension

      (8) The Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).

    • Marginal note:Duration of suspension

      (9) The period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.

 Subsection 26(1) of the Act is replaced by the following:

Marginal note:Assistant returning officer

  • 26 (1) Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.

Marginal note:2014, c. 12, s. 15

 Subsection 27(1) of the Act is replaced by the following:

Marginal note:Delegation

  • 27 (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

Marginal note:2006, c. 9, s. 176; 2014, c. 12, s. 16(1) and 16(2)(F)

 Subsections 28(3.01) and (3.1) of the Act are replaced by the following:

  • Marginal note:Designated person to act — suspension of returning officer

    (3.01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

  • Marginal note:Designated person to act — absence of returning and assistant returning officers

    (3.1) If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

  •  (1) Subsection 29(2) of the Act is replaced by the following:

    • Marginal note:Appointment of substitute

      (2) If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer shall without delay appoint a substitute with the Chief Electoral Officer’s prior approval.

  • (2) Subsection 29(4) of the Act is replaced by the following:

    • Marginal note:Resignation by assistant returning officer

      (4) An assistant returning officer who intends to resign shall give written notice to the returning officer or, if the office of returning officer is vacant, to the Chief Electoral Officer.

 Subsection 30(4) of the Act is replaced by the following:

  • Marginal note:Further limitation

    (4) An assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).

Marginal note:2001, c. 21, s. 3(E); 2014, c. 12, ss. 17 to 21

 The heading “General” before section 32 and sections 32 to 39 of the Act are replaced by the following:

Marginal note:Election officers

  • 32 (1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.

  • Marginal note:Appointment before issue of writ

    (2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

  • Marginal note:Maximum number of election officers appointed

    (3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

Marginal note:Solicitation of names

  • 33 (1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.

  • Marginal note:Persons whose names are provided to be appointed

    (2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

  • Marginal note:Proportional distribution

    (3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

  • Marginal note:Removal or replacement

    (4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.

  • Marginal note:Lists of election officers

    (5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.

  • Marginal note:Identification

    (6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Marginal note:Refusal to appoint

  • 37 (1) A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.

  • Marginal note:Recommendation of another person

    (2) If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.

Marginal note:Record of election officers’ powers and duties

38 A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.

Marginal note:Election officers

39 An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.

Marginal note:2014, c. 12, s. 22(2)

 Subsections 41(2) to (4) of the Act are 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), he or she shall notify those registered parties without delay of that right.

 Section 42 of the Act is replaced by the following:

Marginal note:Attribution of votes for appointments

42 For the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,

  • (a) the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and

  • (b) that candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.

 Paragraphs 43(a) to (c) of the Act are replaced by the following:

  • (a) knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;

  • (b) without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

  • (c) having been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.

Marginal note:2007, c. 21, s. 3

 Subsection 43.1(1) of the English version of the Act is replaced by the following:

Marginal note:Right of access

  • 43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to exercise his or her powers or perform his or her duties under this Act.

 The heading of Part 4 of the Act is replaced by the following:

Register of Electors and Register of Future Electors

 The heading “Maintenance and Communication of Register” before section 44 of the English version of the Act is replaced by the following:

Maintenance and Communication

Marginal note:2001, c. 21, s. 4; 2007, c. 21, s. 4

 Section 44 of the Act is replaced by the following:

Marginal note:Maintenance of Registers

  • 44 (1) The Chief Electoral Officer shall maintain

    • (a) a register of persons who are qualified as electors, to be known as the Register of Electors; and

    • (b) a register of persons who are qualified as future electors, to be known as the Register of Future Electors.

  • Marginal note:Contents of Registers

    (2) The Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.2(4), 223(2), 233(2) and 251(3).

  • Marginal note:Identifier

    (3) The Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

  • Marginal note:Future electors becoming electors

    (4) Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors.

  • Marginal note:Inclusion optional

    (5) Inclusion in the Register of Electors and the Register of Future Electors is optional.

  • Marginal note:Parental consent not necessary

    (6) A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.

Marginal note:2007, c. 21, s. 5

 Subsection 45(1) of the Act is replaced by the following:

Marginal note:Lists to members and registered parties

  • 45 (1) By November 15 in each year, the Chief Electoral Officer shall make available to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.

 The heading before section 46 of the English version of the Act is replaced by the following:

Updates

  •  (1) The portion of subsection 46(1) of the Act before subparagraph (b)(i) is replaced by the following:

    Marginal note:Sources of information

    • 46 (1) The Register of Electors and the Register of Future Electors shall be updated from

      • (a) information

        • (i) that electors or future electors, as the case may be, have given the Chief Electoral Officer, or

        • (ii) that is held by a federal department or body and that electors or future electors, as the case may be, have expressly authorized to be given to the Chief Electoral Officer; and

      • (b) information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, gender, date of birth, civic address and mailing address of electors and future electors included in the Register of Electors or Register of Future Electors, as the case may be, and that

  • Marginal note:2007, c. 21, s. 6

    (2) Subsection 46(1.1) of the Act is replaced by the following:

    • Marginal note:Source of information: Register of Future Electors

      (1.01) The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.

    • Marginal note:Retention of certain information

      (1.1) The Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

Marginal note:2007, c. 21, s. 7

 Sections 46.1 and 46.2 of the Act are replaced by the following:

Marginal note:Information from Minister of Citizenship and Immigration

46.01 Despite subparagraph 46(1)(a)(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:

  • (a) his or her surname and given names;

  • (b) his or her gender;

  • (c) his or her date of birth;

  • (d) his or her addresses; and

  • (e) any unique identifier that that Minister has assigned to him or her under that Act.

Marginal note:Citizenship information

46.1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.

Marginal note:Information in respect of deceased individuals

46.2 For the purpose of updating the Register of Electors or Register of Future Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the relevant register.

Marginal note:2007, c. 21, s. 8

 Sections 47.1 to 51 of the Act are replaced by the following:

Marginal note:Other duties

47.1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.

Marginal note:Adding electors and future electors

  • 48 (1) The Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register.

  • Marginal note:Obligation of elector or future elector

    (2) An elector or future elector who wishes to be included in the relevant register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector or as a future elector, as the case may be.

  • Marginal note:Exceptions

    (3) This section does not apply in respect of the inclusion of an elector or future elector that is

    • (a) done at his or her request;

    • (b) done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; or

    • (c) done using information to update the Register of Electors under subsection 46(1.01).

Marginal note:Listing requests

  • 49 (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providing

    • (a) a signed certification that he or she is qualified as an elector or as a future elector, as the case may be;

    • (b) his or her surname, given names, gender, date of birth, civic address and mailing address; and

    • (c) satisfactory proof of identity.

  • Marginal note:Optional information

    (2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector or future elector is not required to do so.

Marginal note:Corrections

50 An elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.

Marginal note:Verification

51 The Chief Electoral Officer may

  • (a) contact an elector or future elector to verify the Chief Electoral Officer’s information relating to him or her; and

  • (b) request the elector or future elector to confirm, correct or complete the information within 60 days after receiving the request.

  •  (1) The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Deletion of names

    • 52 (1) The Chief Electoral Officer shall delete from the Register of Electors or Register of Future Electors the name of any person who

  • (2) Paragraph 52(1)(b) of the Act is replaced by the following:

    • (b) is not an elector or future elector, as the case may be, subject to subsection 44(4);

  • Marginal note:2014, c. 12, s. 23(1)

    (3) Paragraph 52(1)(d) of the Act is replaced by the following:

    • (d) is, by reason of mental incapacity, 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; or

    • (e) is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.

  • (4) Subsection 52(2) of the Act is replaced by the following:

    • Marginal note:Deletion of name — discretionary

      (2) The Chief Electoral Officer may delete from the Register of Electors or Register of Future Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

 Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:

  • Marginal note:Restriction — Register of Future Electors

    (2) If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes of

    • (a) updating the Register of Electors; or

    • (b) the transmission of information in the course of public education and information programs implemented under subsection 18(1).

 Section 54 of the Act is replaced by the following:

Marginal note:Access to personal information

54 At the written request of an elector or future elector, the Chief Electoral Officer shall send him or her all the information in the Chief Electoral Officer’s possession relating to him or her.

Marginal note:2007, c. 21, s. 9

 Subsection 55(1) of the Act is replaced by the following:

Marginal note:Provincial bodies

  • 55 (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list.

  • Marginal note:Exception

    (1.1) Despite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.

Marginal note:2007, c. 21, s. 10(1)

  •  (1) Paragraphs 56(a) to (d) of the Act are replaced by the following:

    • (a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or as a future elector or relating to any other information referred to in section 49;

    • (b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector or as a future elector, to that other person’s surname, given names, gender, civic address or mailing address, or to the identifier assigned to that other person by the Chief Electoral Officer, for the purpose of having that other person’s name deleted from the Register of Electors or Register of Future Electors, as the case may be;

    • (c) request the listing in the Register of Electors or Register of Future Electors of the name of a person who is not qualified as an elector or as a future elector, as the case may be, knowing that the person is not so qualified;

    • (d) knowingly apply to have included in the Register of Electors or Register of Future Electors the name of an animal or thing;

  • Marginal note:2007, c. 21, s. 10(2)

    (2) Subaragraph 56(e)(ii) of the Act is replaced by the following:

    • (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or

  • (3) Section 56 of the Act is amended by striking out “or” at the end of subparagraph (e)(iii) and by adding the following after paragraph (e):

    • (e.1) knowingly use personal information that is obtained from the Register of Future Electors except as follows:

      • (i) for the purposes of updating the Register of Electors,

      • (ii) for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1),

      • (iii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or

      • (iv) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or

Marginal note:2001, c. 21, s. 5

 Paragraph 57(1.2)(c) of the Act is replaced by the following:

  • (c) fix the date for voting at the election, which date must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.

 Subsections 59(2) and (3) of the Act are replaced by the following:

  • Marginal note:Duties of Chief Electoral Officer

    (2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and, on being ordered by the Governor in Council to do so, shall, within three months after the date of publication of the notice, issue a new writ ordering an election to be held.

  • Marginal note:Polling day

    (3) The day named in the new writ for polling day is determined by the Governor in Council, but may be no later than the 50th day after the day on which the new writ was issued.

  • Marginal note:Postponement of election and new polling day

    (4) If the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.

  • Marginal note:Postponement of election — rules

    (5) If the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:

    • (a) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.2)(c) and not the day fixed under subsection (4);

    • (b) if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, then

      • (i) anything done as authorized or required on or before the day on which the postponement order is made is valid, and

      • (ii) in respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;

    • (c) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, then

      • (i) anything done as authorized or required on that day is valid, and

      • (ii) in respect of anything not done as authorized or required on that day, the day on which the thing is authorized or required to be done is postponed by the number of days by which the election is postponed;

    • (d) if a period is extended under subparagraph (b)(ii) or a day is postponed under subparagraph (c)(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; and

    • (e) for the purposes of this subsection, if the original polling day fixed under paragraph 57(1.2)(c) is a Tuesday because of section 56.2 or subsection 57(4), it is deemed to be a Monday.

 Subsection 60(1) of the Act is replaced by the following:

Marginal note:Returning officer to open and maintain office

  • 60 (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period.

 Paragraph 61(2)(b) of the Act is replaced by the following:

  • (b) make a solemn declaration in the prescribed form; and

 Subsection 64(3) of the Act is replaced by the following:

  • Marginal note:Notice to election officers

    (3) The returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.

  •  (1) Paragraph 65(a) of the French version of the Act is replaced by the following:

    • a) les personnes qui n’ont pas qualité d’électeur le jour où leur acte de candidature est déposé;

  • (2) Paragraphs 65(d) and (e) of the Act are replaced by the following:

    • (e) the Chief Electoral Officer;

  •  (1) The portion of paragraph 66(1)(a) of the Act before subparagraph (i) is replaced by the following:

    • (a) a solemn declaration, in the prescribed form, made by the prospective candidate of

  • (2) Paragraph 66(1)(a) of the Act is amended by adding the following after subparagraph (i):

    • (i.1) any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),

  • Marginal note:2014, c. 12, s. 26(1)

    (3) Subparagraph 66(1)(a)(iv) of the Act is replaced by the following:

    • (iv) the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2);

  • Marginal note:2001, c. 21, s. 7

    (4) Subparagraph 66(1)(a)(v) of the French version of the Act is replaced by the following:

    • (v) le nom du parti politique qui la soutient ou, faute de soutien, son intention d’être désignée par la mention « indépendant(e) » ou de n’avoir aucune désignation d’appartenance politique dans les documents électoraux;

  • (5) Paragraph 66(1)(a) of the Act is amended by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):

    • (vi) if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;

  • (6) Paragraphs 66(1)(b) and (c) of the Act are replaced by the following:

    • (b) a statement signed by the prospective candidate consenting to the nomination;

  • (7) Subsection 66(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

    • (h) if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).

  • Marginal note:2014, c. 12, ss. 26(2)(F) and (3)

    (8) Subsections 66(2) to (4) of the Act are replaced by the following:

    • Marginal note:Particulars of candidates — name

      (2) For the purpose of subparagraphs (1)(a)(i) and (i.1), the name shall not include any title, degree or other prefix or suffix.

    • Marginal note:Particulars of candidates — occupation

      (3) For the purpose of subparagraph (1)(a)(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.

    • Marginal note:Witness ensures signatures are local electors’

      (4) A witness to a signature referred to in paragraph (1)(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.

Marginal note:2015, c. 37, ss. 2(2) and 6(2)

 Section 67 of the Act is replaced by the following:

Marginal note:Filing of nomination paper

  • 67 (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.

  • Marginal note:Proof of identity — prospective candidate

    (2) A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:

    • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

    • (b) two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

  • Marginal note:Authorized types of identification

    (3) The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.

  • Marginal note:Name prospective candidate commonly known by — documents

    (4) If a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.

  • Marginal note:Authorized types of documents

    (5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).

  • Marginal note:Auditor’s consent

    (6) If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.

  • Marginal note:Authorized person

    (7) A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).

  • Marginal note:Proof of identity — authorized person

    (8) A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:

    • (a) a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

    • (b) a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

 Section 68 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Names of endorsed candidates

    (3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with

    • (a) the name of every prospective candidate who has been endorsed by the party;

    • (b) the electoral district in which the prospective candidate intends to be a candidate; and

    • (c) the name of the person or persons who endorsed the prospective candidate on the party’s behalf.

  • Marginal note:Information to returning officers

    (4) As soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).

  •  (1) Subsection 70(2) of the French version of the Act is replaced by the following:

    • Marginal note:Clôture des candidatures

      (2) Un acte de candidature ne peut être reçu de quiconque entre au bureau du directeur du scrutin après 14 h le jour de clôture.

  • (2) Subsection 70(3) of the Act is replaced by the following:

    • Marginal note:Designated filing place

      (3) The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:

      • (a) the nomination paper;

      • (b) the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b);

      • (c) the documents referred to in subsection 67(4);

      • (d) the statement referred to in subsection 67(6); and

      • (e) the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b).

  •  (1) Paragraph 71(2)(a) of the Act is replaced by the following:

    • (a) that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;

    • (a.1) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be;

  • (2) Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (c) that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate.

 The Act is amended by adding the following after section 71:

Marginal note:Name prospective candidate commonly known by — determination

  • 71.1 (1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.

  • Marginal note:Confusion with name of political party — determination

    (2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.

  • Marginal note:Name to appear on ballot

    (3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless

    • (a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or

    • (b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.

  • Marginal note:Clarification

    (4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).

  • Marginal note:Notice of name to appear on ballot

    (5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.

 Section 72 of the Act is repealed.

 Subsection 73(1) of the Act is replaced by the following:

Marginal note:Electronic filing

  • 73 (1) A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.

  • Marginal note:Proof of identity

    (1.1) If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).

Marginal note:2001, c. 21, s. 10(E)

 Sections 91 and 92 of the Act are replaced by the following:

Marginal note:Publishing false statement to affect election results

  • 91 (1) No person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period,

    • (a) a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; or

    • (b) a false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.

  • Marginal note:Clarification

    (2) Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.

Marginal note:Publishing false statement of candidate’s withdrawal

92 No person or entity shall publish a false statement that indicates that a candidate has withdrawn.

Marginal note:2007, c. 21, s. 13

 Subsections 93(1) and (1.1) of the Act are replaced by the following:

Marginal note:Preliminary lists and information to returning officer

  • 93 (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall make it available to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.

  • Marginal note:Preliminary lists to parties

    (1.1) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued.

 Section 94 of the Act is replaced by the following:

Marginal note:Preliminary lists to candidates

94 Each returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.

  •  (1) Paragraphs 95(1)(a) and (b) of the Act are replaced by the following:

    • (a) are incarcerated electors as defined in section 177;

  • (2) Paragraph 95(2)(a) of the Act is replaced by the following:

    • (a) the address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;

  • (3) Paragraphs 95(3)(b) and (c) of the Act are replaced by the following:

    • (b) requires a polling station that is in premises that are accessible to electors with a disability, which his or her polling station is not; or

    • (c) is unable to attend at a polling station because of a disability.

Marginal note:2014, c. 12, s. 34

 Sections 97 and 98 of the Act are replaced by the following:

Marginal note:Election officers who are designated to receive applications

  • 97 (1) The returning officer, assistant returning officer and other election officers for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.

  • Marginal note:Applications for addition, correction or deletion

    (2) All applications referred to in subsection (1) that are received by election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

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 be in premises that are accessible to electors with a disability.

 Section 100 of the Act is replaced by the following:

Marginal note:Election officers to act in pairs

  • 100 (1) Election officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

  • Marginal note:Disagreement between election officers

    (2) In case of disagreement between members of a pair, the two election officers shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.

Marginal note:2007, c. 21, s. 16(1)

 Paragraph 101(1)(d) of the Act is replaced by the following:

  • (d) the elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

 The heading before section 103 and sections 103 and 104 of the Act are repealed.

Marginal note:2007, c. 21, s. 17

 Section 104.1 of the Act is replaced by the following:

Marginal note:Lists to candidates

104.1 Each returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.

Marginal note:Lists to registered parties

104.2 The Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.

Marginal note:2014, c. 12, ss. 36 and 37

 Sections 106 and 107 of the Act are 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 station for use on polling day.

Marginal note:Form of lists

  • 107 (1) The revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.

  • Marginal note:Lists to election officers

    (2) Each returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.

  • Marginal note:Lists to candidates

    (3) Each returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.

  • Marginal note:Lists to registered parties

    (4) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.

 Subsection 108(2) of the Act is repealed.

Marginal note:2001, c. 21, s. 11

 Subsections 109(2) and (3) of the Act are replaced by the following:

  • Marginal note:Lists to member and parties

    (2) The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.

Marginal note:2007, c. 21, s. 19; 2014, c. 12, s. 38

 Section 110 of the Act is replaced by the following:

Marginal note:Registered parties

  • 110 (1) A registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 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 to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  • Marginal note:Members

    (2) A member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists for

    • (a) communicating with his or her electors; and

    • (b) if the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.

  • Marginal note:Candidates

    (3) A candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.

 Subparagraph 111(f)(ii) of the Act is replaced by the following:

  • (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act.

 The heading before section 112 of the Act is replaced by the following:

List of Election Officers

 Subsection 112(1) of the Act is replaced by the following:

Marginal note:List of election officers to candidates

  • 112 (1) A returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.

 Section 113 of the Act is replaced by the following:

Marginal note:Delivery to returning officers

113 The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.

 Subsection 114(2) of the Act is replaced by the following:

  • Marginal note:Material of ballot box

    (2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and other election officers to be affixed.

 Subsection 116(6) of the French version of the Act is replaced by the following:

  • Marginal note:Nom de l’imprimeur et affidavit

    (6) Les bulletins de vote doivent porter le nom de l’imprimeur qui doit, lorsqu’il les livre au directeur du scrutin, lui remettre un affidavit, selon le formulaire prescrit, précisant leur description, le nombre qu’il lui livre et le fait qu’il s’est conformé au paragraphe (5).

  •  (1) Subsection 117(1) of the Act is replaced by the following:

    Marginal note:Information on the ballot

    • 117 (1) Ballots shall contain the names of candidates referred to in subparagraph 66(1)(a)(i) or (i.1), as the case may be, and taken from their nomination papers, arranged alphabetically.

  • Marginal note:2001, c. 21, s. 12

    (2) Paragraph 117(2)(b) of the Act is replaced by the following:

    • (b) the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and

  • Marginal note:2001, c. 21, s. 12

    (3) Subsection 117(3) of the French version of the Act is replaced by the following:

    • Marginal note:Mention « indépendant(e) »

      (3) Le bulletin de vote porte la mention « indépendant(e) » sous le nom du candidat qui l’a demandé conformément au sous-alinéa 66(1)a)(v), et seulement dans ce cas.

  • (4) Subsection 117(5) of the French version of the Act is replaced by the following:

    • Marginal note:Mention de l’adresse ou de la profession

      (5) Dans les cas où au moins deux candidats ont le même nom et ont indiqué leur intention d’être désignés par la mention « indépendant(e) » ou de n’avoir aucune désignation de parti dans le cadre du sous-alinéa 66(1)a)(v), les bulletins de vote mentionnent l’adresse ou la profession de ces candidats s’ils en font la demande par écrit au directeur du scrutin avant 17 h le jour de clôture.

 The heading before section 119 of the Act is replaced by the following:

Provision of Election Materials to Election Officers

  •  (1) The portion of subsection 119(1) of the Act before paragraph (c) is replaced by the following:

    Marginal note:Materials to be provided to election officers

    • 119 (1) Before voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district with

      • (a) enough ballots for at least the number of electors on the official list of electors for the polling station;

      • (b) a statement showing the number of ballots that are provided, with their serial numbers;

  • (2) Paragraph 119(1)(f) of the French version of the Act is replaced by the following:

    • f) la liste électorale officielle à utiliser au bureau de scrutin, qu’il place si possible dans l’urne avec les bulletins de vote et autres accessoires;

  • (3) Subsection 119(2) of the Act is replaced by the following:

    • Marginal note:Safekeeping of election materials

      (2) Until the opening of the poll, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure the safekeeping of those materials and to prevent any person from having unlawful access to them.

 Section 120 of the Act and the heading before it are replaced by the following:

Polling Stations

Marginal note:Establishment of polling stations

120 Each returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.

 Subsections 121(1) to (3) of the Act are replaced by the following:

Marginal note:Accessibility

  • 121 (1) A polling station shall be in premises that are accessible to electors with a disability.

  • Marginal note:Exception

    (2) If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.

  • Marginal note:Voting compartments

    (3) Each polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

 Subsections 122(1) and (2) of the Act are replaced by the following:

  • Marginal note:Polling station in school or other public building

    (2) Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building.

Marginal note:2014, c. 12, s. 42

 Sections 123 and 124 of the Act are repealed.

Marginal note:2014, c. 12, s. 43

 Section 125.1 of the Act is replaced by the following:

Marginal note:Information — location of polling stations

  • 125.1 (1) The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.

  • 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 the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.

  • Marginal note:Electoral district maps — electronic format

    (2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include 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 the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.

  •  (1) Paragraphs 135(1)(a) and (b) of the Act are replaced by the following:

    • (a) any field liaison officer;

    • (b) the returning officer, his or her representatives and any member of his or her staff whom he or she authorizes to be present;

    • (b.1) any election officer whom the returning officer authorizes to be present;

  • Marginal note:2014, c. 12, s. 44(1)

    (2) Paragraphs 135(1)(g) and (h) of the Act are replacing by the following:

    • (h) if a polling division of an electoral district in which a registered party’s leader is a candidate is assigned to the polling station, 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 audio or video recording of the candidates as they cast their votes; and

    • (i) the auditor referred to in section 164.1.

  • Marginal note:2014, c. 12, s. 44(2)

    (3) Subsections 135(2) to (5) of the Act are replaced by the following:

    • Marginal note:Delivery of representative’s authorization

      (2) When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form, or a copy of it, to an election officer who is assigned to the polling station.

    • Marginal note:Representative authorized in writing

      (3) A representative bearing a written authorization referred to in subsection (2), or a copy of one, is a representative of the candidate for the purposes of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate.

    • Marginal note:Solemn declaration

      (4) Each representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall make a solemn declaration in the prescribed form.

    • Marginal note:Solemn declaration

      (5) A candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, make a solemn declaration in the prescribed form before an election officer who is assigned to that polling station. The representative is not required to make another solemn declaration 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 made the solemn declaration.

 Subsection 136(2) of the Act is replaced by the following:

  • Marginal note:Representatives may absent themselves from poll

    (2) A representative of a candidate, or an elector described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent, or a copy of one, or to make another solemn declaration.

  •  (1) Subsection 138(1) of the Act is replaced by the following:

    Marginal note:Initialling ballots

    • 138 (1) Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, an election officer who is assigned to the polling station shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

  • (2) Subsections 138(2) and (3) of the French version of the Act are replaced by the following:

    • Marginal note:Interdiction de défaire le carnet

      (2) Le fonctionnaire électoral appose son paraphe sans détacher le bulletin de vote du carnet.

    • Marginal note:Cas de manque de temps

      (3) L’apposition du paraphe ne peut avoir pour effet de retarder l’ouverture du scrutin; s’il n’a pas paraphé tous les bulletins de vote à l’heure d’ouverture, le fonctionnaire électoral le fait dans les meilleurs délais, avant de remettre les bulletins aux électeurs.

 The portion of section 140 of the Act before paragraph (a) is replaced by the following:

Marginal note:Examining and sealing ballot box

140 When the polling station opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

 Sections 141 and 142 of the Act are replaced by the following:

Marginal note:Calling electors

141 Immediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote.

Marginal note:Electors not to be impeded

142 An election officer who is assigned to the polling station shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

Marginal note:2007, c. 21, s. 21

  •  (1) Subsection 143(1) of the Act is replaced by the following:

    Marginal note:Elector to give name and address

    • 143 (1) Each elector, in order to receive a ballot, shall give his or her name and address to an election officer who is assigned to the polling station, and, on request, to a candidate or a candidate’s representative.

  • Marginal note:2014, c. 12, s. 46(1)

    (2) 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 election officer 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, subject to subsection (3), the elector shall provide the election officer with the following proof of his or her identity and residence:

  • Marginal note:2007, c. 21, s. 21

    (3) Paragraph 143(2)(a) of the English version of the Act is replaced by the following:

    • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the elector and his or her name and address; or

  • Marginal note:2014, c. 12, s. 46(3)

    (4) 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 may be authorized, regardless of who issued it.

  • Marginal note:2014, c. 12, s. 46(4)

    (5) Subsection 143(3) of the Act is replaced by the following:

    • Marginal note:Solemn declaration

      (3) An elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and who

      • (a) provides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

      • (b) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

    • Marginal note:Vouching for electors in long-term care institution

      (3.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.

    • Marginal note:Definition of employee

      (3.02) In subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

  • Marginal note:2007, c. 37, s. 1

    (6) Subsection 143(3.2) of the Act is replaced by the following:

    • Marginal note:Request to make solemn declaration

      (3.2) Despite subsection (3.1), if the election officer referred to in subsection (1), a candidate or a candidate’s representative has reasonable doubts concerning the residence of an elector referred to in subsection (3.1), the officer, candidate or representative may request that the elector make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the elector’s residence is deemed to have been proven only if he or she makes that solemn declaration.

  • Marginal note:2007, c. 21, s. 21; 2014, c. 12, s. 46(6)

    (7) Subsections 143(4) to (6) of the Act are replaced by the following:

    • Marginal note:Voting

      (4) If the election officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2), (3), (3.1) or (3.2), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

Marginal note:2007, c. 21, s. 21; 2014, c. 12, s. 47

 Sections 143.1 and 144 of the Act are replaced by the following:

Marginal note:Requirement before making solemn declaration — elector

  • 143.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

  • Marginal note:Requirement before making solemn declaration — vouching for elector

    (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Marginal note:Proof of qualification as elector

144 If the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.

Marginal note:2007, c. 21, s. 22; 2014, c. 12, ss. 48 and 49

 Sections 146 to 148.1 of the Act are replaced by the following:

Marginal note:Name and address corresponding closely to another

146 If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.

Marginal note:Person in whose name another has voted

  • 147 (1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.

  • Marginal note:Requirement before making solemn declaration

    (2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).

Marginal note:Name crossed off list in error

148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.

Marginal note:Failure to prove identity or residence

  • 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

  • Marginal note:When elector refuses to make solemn declaration

    (2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

Marginal note:2007, c. 21, ss. 23(1)(E), (2) and (3)(E)

 Paragraphs 149(a) to (c) of the Act are replaced by the following:

  • (a) the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

  • (b) the elector gives the election officer a registration certificate described in subsection 161(4).

 Section 150 of the Act is replaced by the following:

Marginal note:Delivery of ballot to elector

  • 150 (1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.

  • Marginal note:Instructions to elector on receiving ballot

    (2) The election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.

  •  (1) Paragraph 151(1)(c) of the Act is replaced by the following:

    • (c) fold the ballot as instructed by the election officer; and

  • (2) Paragraph 151(1)(d) of the English version of the Act is replaced by the following:

    • (d) return the ballot to the election officer who provided it.

  • (3) The portion of subsection 151(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Return of ballot

      (2) The election officer shall, on receiving the ballot from the elector,

 Subsection 152(1) of the Act is replaced by the following:

Marginal note:Spoiled ballot

  • 152 (1) If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

 Section 154 of the Act is replaced by the following:

Marginal note:Assistance by election officer

  • 154 (1) On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.

  • Marginal note:Template

    (2) An election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

Marginal note:2000, c. 12, par. 40(2)(c)

  •  (1) Subsection 155(1) of the English version of the Act is replaced by the following:

    Marginal note:Assistance by friend or related person

    • 155 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:

      • (a) a friend of the elector;

      • (b) the elector’s spouse or common-law partner; or

      • (c) a relative of the elector or of the elector’s spouse or common-law partner.

  • (2) Subsection 155(2) of the Act is repealed.

  • Marginal note:2000, c. 12, par. 40(2)(d)

    (3) The portion of subsection 155(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Solemn declaration

      (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or she

  • Marginal note:2000, c. 12, par. 40(2)(d)

    (4) Paragraphs 155(3)(a) to (d) of the French version of the Act are replaced by the following:

    • a) marquera le bulletin de vote conformément aux instructions de l’électeur;

    • b) ne divulguera pas le vote de l’électeur;

    • c) ne tentera pas d’exercer une influence sur celui-ci dans son choix;

    • d) n’a pas déjà aidé, lors de l’élection en cours, une autre personne, à titre d’ami, à voter.

  • Marginal note:2000, c. 12, par. 40(2)(d)

    (5) Subsection 155(4) of the Act is repealed.

 Section 156 of the Act is replaced by the following:

Marginal note:Use of interpreter

156 An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.

  •  (1) The portion of subsection 157(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Elector who is confined to bed

    • 157 (1) At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall

  • (1.1) Paragraph 157(1)(b) of the French version of the Act is replaced by the following:

    • b) avec l’approbation du responsable de l’établissement, transporter l’urne, les bulletins de vote et les autres documents électoraux nécessaires de chambre en chambre, en vue de recueillir les votes des électeurs alités qui résident habituellement dans la section de vote où se trouve l’établissement.

  • (2) Subsection 157(2) of the Act is replaced by the following:

    • Marginal note:Procedure for taking the votes

      (2) When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

 Subsections 158(2) and (3) of the Act are replaced by the following:

  • Marginal note:Transfer certificate for election officer

    (2) An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.

  • Marginal note:Condition

    (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.

Marginal note:2007, c. 21, s. 25

 Section 159 of the Act is replaced by the following:

Marginal note:Transfer certificate for elector with disability

  • 159 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.

  • Marginal note:Application

    (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

  • Marginal note:Issue of transfer certificate to elector with disability

    (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.

  •  (1) The portion of section 160 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Signing, numbering and recording transfer certificate

    160 The election officer who issues a transfer certificate shall

  • (2) Paragraph 160(e) of the Act is replaced by the following:

    • (e) if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

Marginal note:2007, c. 21, s. 26(1); 2014, c. 12, s. 50(1)(F)

  •  (1) The portion of subsection 161(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Registration in person

    • 161 (1) An elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector

  • Marginal note:2014, c. 12, s. 50(1.1)

    (2) Paragraph 161(1)(a) of the French version of the Act is replaced by the following:

    • a) soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;

  • Marginal note:2014, c. 12, s. 50(1.1)

    (3) Paragraph 161(1)(b) of the Act is replaced by the following:

    • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

      • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

      • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

  • (4) Subsections 161(2) and (3) of the Act are replaced by the following:

    • Marginal note:Vouching for electors in long-term care institution

      (2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

    • Marginal note:Definition of employee

      (2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.

    • Marginal note:Representative of each candidate

      (3) The election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.

  • Marginal note:2014, c. 12, s. 50(3)

    (5) Subsection 161(4) of the Act is replaced by the following:

    • Marginal note:Registration certificate

      (4) If the elector satisfies the requirements of subsection (1), the election officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:2014, c. 12, s. 50(5)

    (6) Subsections 161(6) and (7) of the Act are repealed.

Marginal note:2014, c. 12, s. 51

 Section 161.1 of the Act is replaced by the following:

Marginal note:Requirement before making solemn declaration — elector

  • 161.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).

  • Marginal note:Requirement before making solemn declaration — vouching for elector

    (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

 The heading before section 162 of the Act is replaced by the following:

Duties of Election Officers Assigned to Polling Station
  •  (1) The portion of section 162 of the Act before paragraph (b) is replaced by the following:

    Marginal note:Duties

    162 An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall

    • (a) make, on the prescribed form, the entries required under this Act;

  • (2) Paragraph 162(d) of the Act is repealed.

  • Marginal note:2007, c. 21, s. 28

    (3) Paragraphs 162(f) and (g) of the Act are replaced by the following:

    • (f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;

    • (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration;

  • Marginal note:2007, c. 21, s. 28

    (4) Paragraph 162(i) of the Act is replaced by the following:

    • (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

 Section 164 of the Act is replaced by the following:

Marginal note:Procedure in case of contravention of secrecy

  • 164 (1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

  • Marginal note:Clarification

    (2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.

Marginal note:2014, c. 12, s. 53

 Section 164.1 of the Act is replaced by the following:

Marginal note:Engagement of auditor

164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.

 Subsection 166(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

 Section 167 of the Act is repealed.

  •  (1) Subsection 168(4) of the Act is replaced by the following:

    • Marginal note:Combining advance polling districts

      (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.

  • (2) Subsection 168(5) of the French version of the Act is replaced by the following:

    • Marginal note:Demande de modification de l’emplacement d’un bureau de vote par anticipation

      (5) Si une demande de modification de l’emplacement d’un bureau de vote par anticipation est présentée au directeur du scrutin au plus tard quatre jours après la délivrance du bref, celui-ci peut, avec l’agrément préalable du directeur général des élections, prendre des dispositions en vue de changer le bureau de place.

  • (3) Subsections 168(6) and (7) of the Act are replaced by the following:

    • Marginal note:Accessibility

      (6) An advance polling station shall be in premises that are accessible to electors with a disability.

    • Marginal note:Exception

      (7) If a returning officer is unable to secure suitable premises for an advance polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the advance polling station in premises that are not accessible to such electors.

    • Marginal note:Advance polling station in more than one premises

      (8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.

 The Act is amended by adding the following after section 168:

Transfer Certificates

Marginal note:Transfer certificate for candidate

  • 168.1 (1) A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.

  • Marginal note:Transfer certificate for election officer

    (2) An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.

  • Marginal note:Condition

    (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.

  • Marginal note:Transfer certificate for elector whose advance polling station has moved

    (4) If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.

Marginal note:Transfer certificate for elector with disability

  • 168.2 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.

  • Marginal note:Application requirements

    (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

  • Marginal note:Issue of transfer certificate to elector with disability

    (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.

Marginal note:Signing, numbering and recording transfer certificate

168.3 The election officer who issues a transfer certificate shall

  • (a) fill in and sign the certificate and mention on it the date of its issue;

  • (b) consecutively number the certificate in the order of its issue;

  • (c) keep a record of the certificate in the order of its issue on the prescribed form;

  • (d) not issue the certificate in blank; and

  • (e) if possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

  •  (1) Subsection 169(1) of the Act is replaced by the following:

    Marginal note:Registration at advance polling station

    • 169 (1) Every elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.

  • Marginal note:2007, c. 21, s. 30(1); 2014, c. 12, s. 54(1)(F) and (1.1)

    (2) The portion of subsection 169(2) of the French version of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Conditions

      (2) Il ne peut toutefois être inscrit que s’il établit son identité et sa résidence :

      • a) soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;

  • Marginal note:2014, c. 12, s. 54(1.1)

    (3) Paragraph 169(2)(b) of the Act is replaced by the following:

    • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

      • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

      • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

  • (3.1) Section 169 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Vouching for electors in long-term care institution

      (2.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

    • Marginal note:Definition of employee

      (2.02) In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

  • Marginal note:2014, c. 12, s. 54(2)

    (4) Subsections 169(3) and (4) of the Act are replaced by the following:

    • Marginal note:Registration certificate

      (3) If the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

    • Marginal note:Entry

      (4) An election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

  • Marginal note:2014, c. 12, s. 54(4)

    (5) Subsections 169(5) and (6) of the Act are repealed.

Marginal note:2014, c. 12, s. 55

 Section 169.1 of the Act is replaced by the following:

Marginal note:Requirement before making solemn declaration — elector

  • 169.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).

  • Marginal note:Requirement before making solemn declaration — vouching for elector

    (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Marginal note:2014, c. 12, s. 56

 Subsection 171(2) of the Act is replaced by the following:

  • Marginal note:When advance polling stations to be open

    (2) An advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.

  •  (1) Subparagraphs 172(a)(iii) and (iv) of the Act are replaced by the following:

    • (iii) the place where, for each advance polling station, an election officer who is assigned to the advance polling station shall count the number of votes cast at the advance polling station, and

    • (iv) that the counting of the votes cast shall begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations; and

  • (2) Section 172 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) make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.

  • (3) Section 172 of the Act is renumbered as subsection 172(1) and is amended by adding the following:

    • Marginal note:Maps made available to registered parties

      (2) The Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.

Marginal note:2007, c. 21, s. 32

 Subsections 173(2) and (3) of the Act are replaced by the following:

  • Marginal note:Elector not on the revised list

    (2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).

  • Marginal note:Procedure by election officer

    (3) If an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

Marginal note:2014, c. 12, ss. 57 and 58

 Sections 174 and 175 of the Act are replaced by the following:

Marginal note:Duties of election officer

  • 174 (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.

  • Marginal note:Number of advance polling district

    (1.1) An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.

  • Marginal note:Record of votes cast

    (2) An election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.

Marginal note:Opening of advance polling station

  • 175 (1) At the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,

    • (a) on the 1st day of advance polling,

      • (i) open the ballot box and ascertain that it is empty,

      • (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and

      • (iii) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day; and

    • (b) on the 2nd, 3rd and 4th days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

  • Marginal note:Close of advance polling station

    (2) At the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

  • Marginal note:Other ballot boxes

    (3) If an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,

    • (a) take the steps set out in subparagraphs (1)(a)(i) to (iii) with regard to that other ballot box; and

    • (b) take the steps set out in paragraph (1)(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.

  • Marginal note:Candidates may check seals

    (4) The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:

    • (a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;

    • (b) for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and

    • (c) for each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.

  • Marginal note:Custody of ballot boxes

    (5) Until the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.

  • Marginal note:Recovery of ballot box

    (6) Despite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.

  • Marginal note:Recovery of ballot box — dwelling place or vehicle

    (7) If a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).

  • Marginal note:Authority to issue warrant

    (8) On ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath that

    • (a) a ballot box is in the dwelling place or vehicle;

    • (b) entry to the dwelling place or vehicle is necessary to recover the ballot-box; and

    • (c) entry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.

  • Marginal note:Telewarrant

    (9) If a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

 Subsection 176(3) of the Act is replaced by the following:

  • Marginal note:When lists already distributed

    (3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct an election officer who is assigned to the polling station to cross their names off the list, and the election officer shall do so without delay.

  •  (1) The portion of section 177 of the Act before the definition administrative centre is replaced by the following:

    Marginal note:Definitions

    177 The definitions in this section apply in this Part, and Parts 11.1 and 19.

  • (2) The definitions administrative centre, Canadian Forces elector, deputy returning officer, statement of ordinary residence and voting territory in section 177 of the Act are repealed.

  • (3) The definitions application for registration and special ballot, inner envelope, liaison officer and outer envelope in section 177 of the Act are replaced by the following:

    application for registration and special ballot

    application for registration and special ballot means an application completed by an elector in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)

    inner envelope

    inner envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be enclosed after it has been marked. (enveloppe intérieure)

    liaison officer

    liaison officer means an elector designated as a liaison officer under subsection 199.2(1) or a person appointed as a liaison officer under subsection 248(1). (agent de liaison)

    outer envelope

    outer envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be transmitted after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)

  • (4) The definition special ballot in section 177 of the English version of the Act is replaced by the following:

    special ballot

    special ballot means a ballot, other than a ballot referred to in section 241, that is provided to an elector who is entitled to vote under this Part. (bulletin de vote spécial)

  • (5) Section 177 of the Act is amended by adding the following in alphabetical order:

    unit election officer

    unit election officer means an elector designated as a unit election officer under paragraph 205(1)(b). (fonctionnaire électoral d’unité)

 Section 180 of the Act is repealed.

  •  (1) Paragraph 182(b) of the Act is replaced by the following:

    • (b) retain the solemn declaration of each special ballot officer that is made under subsection 23(1);

  • (2) Paragraph 182(d) of the Act is replaced by the following:

    • (d) obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;

 The Act is amended by adding the following after section 186:

Marginal note:Distribution of election materials

186.1 Without delay after the writs are issued, the special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.

 Sections 188 and 189 of the Act are replaced by the following:

Marginal note:Delivery of list of candidates

188 Without delay after a list of candidates is established, the special voting rules administrator shall provide the list to the coordinating officer, to every liaison officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person.

 The heading “Definitions” before section 190 of the Act is replaced by the following:

Interpretation
  •  (1) The definition elector in section 190 of the Act is replaced by the following:

    elector

    elector means a person referred to in section 191. (électeur)

  • (2) Section 190 of the Act is amended by adding the following in alphabetical order:

    alternative address

    alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence. (adresse de substitution)

    service number

    service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces. (numéro matricule)

 The Act is amended by adding the following after section 190:

Marginal note:Election officers

190.1 For the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)(f) also apply to them if they are relieved of duty.

 The heading before section 191 of the Act is replaced by the following:

Voting Entitlement
  •  (1) The portion of section 191 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Qualification and right to vote

    191 Any of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:

  • (2) Paragraph 191(b) of the Act is replaced by the following:

    • (b) a member of the reserve force of the Canadian Forces; and

  • (3) Section 191 of the Act is amended by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

Marginal note:2000, c. 12, par. 40(2)(f)

 Sections 192 to 198 of the Act are replaced by the following:

Registration

Marginal note:Right to register

  • 192 (1) When a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.

  • Marginal note:Right to register — future elector

    (2) When a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.

  • Marginal note:Service number

    (3) An elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.

 Subsection 199(2) of the Act is replaced by the following:

  • Marginal note:Duty

    (2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector or future elector:

    • (a) his or her surname, given names, gender, rank and service number;

    • (b) his or her date of birth;

    • (c) the civic address and mailing address of his or her place of ordinary residence; and

    • (d) his or her current mailing address.

  • Marginal note:Updating Register of Electors

    (3) The Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.

  • Marginal note:Retention of certain information

    (4) The Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

  • Marginal note:Information provided to coordinating officer

    (5) The Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)(a) to (d) relating to each elector or future elector who has provided a service number under this Part.

 The Act is amended by adding the following after section 199:

Marginal note:Cooperation

199.1 The coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, of

  • (a) a person employed by or in support of the Canadian Forces outside Canada;

  • (b) a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; or

  • (c) a person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).

Liaison Officers

Marginal note:Designation

  • 199.2 (1) The Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.

  • Marginal note:Duty of coordinating officer

    (2) The coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.

 Sections 200 to 203 of the Act are replaced by the following:

Marginal note:Duty of Chief Electoral Officer

200 Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue.

Marginal note:Duty of coordinating officer

202 On being informed of the issue of the writs, the coordinating officer shall inform each liaison officer and commanding officer of their issue.

Marginal note:Duty of liaison officers — information

203 On being informed of the issue of the writs, a liaison officer shall give each commanding officer in respect of whose unit the liaison officer has liaison duties all necessary information for carrying out the purposes and provisions of this Division.

  •  (1) Paragraph 204(2)(b) of the Act is replaced by the following:

    • (b) the commanding officer will designate one or more unit election officers to collect their votes and fix the voting times during the voting period.

  • (2) Subsection 204(3) of the Act is replaced by the following:

    • Marginal note:Contents of list

      (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names and service number, the address of his or her place of ordinary residence and his or her electoral district.

 The Act is amended by adding the following after section 204:

Marginal note:Alternative address — commanding officer

  • 204.1 (1) For the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).

  • Marginal note:Alternative address — elector

    (2) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.

  • Marginal note:Special voting rules administrator informed

    (3) The commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.

  • Marginal note:Clarification

    (4) For greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.

  •  (1) The portion of subsection 205(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Duties of commanding officer

    • 205 (1) After being informed of the issue of the writs, but no later than the 28th day before polling day, each commanding officer shall

  • (2) Paragraphs 205(1)(b) to (d) of the Act are replaced by the following:

    • (b) designate a sufficient number of electors as unit election officers to allow for voting to take place at each polling station;

    • (c) through a liaison officer, provide the special voting rules administrator with a list of the unit election officers and their ranks, and the list of electors for the unit; and

    • (d) provide the unit election officers with the list of electors for the unit.

 Section 207 of the Act is replaced by the following:

Marginal note:Joint polling stations

207 The commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.

 Paragraphs 209(a) and (b) of the Act are replaced by the following:

  • (a) distribute the materials to the unit election officers; and

  • (b) display the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.

 Sections 210 to 212 of the Act are replaced by the following:

Marginal note:Duties of unit election officer

210 During the voting period, a unit election officer shall

  • (a) display the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; and

  • (b) keep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.

Marginal note:Representative of registered party

211 A Canadian citizen may represent a registered party at a polling station if he or she provides the unit election officer with a copy of an authorization in the prescribed form signed by a candidate for the party.

Marginal note:Elector to give name, etc.

  • 211.1 (1) Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.

  • Marginal note:Alternative address

    (2) For the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.

  • Marginal note:Proof of identity

    (3) If the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:

    • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

    • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

  • Marginal note:Examination of identification documents

    (4) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

  • Marginal note:Name crossed off the list

    (5) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.

Marginal note:Application for registration and special ballot

  • 211.2 (1) An elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:

    • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

    • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

  • Marginal note:Content of application

    (2) An application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:

    • (a) his or her surname and given names;

    • (b) his or her date of birth;

    • (c) his or her service number;

    • (d) the civic address and mailing address of his or her place of ordinary residence;

    • (e) his or her current mailing address; and

    • (f) any other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.

  • Marginal note:Alternative addresses

    (3) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.

  • Marginal note:Optional information

    (4) In addition to the information specified in subsection (2), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.

  • Marginal note:Examination of identification documents

    (5) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

  • Marginal note:Acceptance of the application

    (6) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.

  • Marginal note:Application of subsections 204.1(3) and (4)

    (7) If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.

Marginal note:Authorized types of identification

211.3 The Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)(b) and 211.2(1)(b). For greater certainty, any document may be authorized, regardless of who issued it.

Marginal note:Declaration of elector

212 The unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.

  •  (1) Subsection 213(1) of the Act is replaced by the following:

    Marginal note:Provision of special ballot, etc.

    • 213 (1) A unit election officer shall, once the elector has signed the declaration referred to in section 212, give the elector a special ballot, an inner envelope, the declaration — if it is not on the outer envelope — and the outer envelope.

    • Marginal note:Limitation

      (1.1) An elector who has received a special ballot under subsection (1) may vote only under this Division.

  • (2) The portion of subsection 213(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Voting on special ballot

      (2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding it and, in the presence of the unit election officer,

  • (3) Paragraph 213(2)(b) of the Act is replaced by the following:

    • (b) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing the outer envelope.

  • (4) Subsection 213(4) of the Act is replaced by the following:

    • Marginal note:Spoiled special ballot

      (4) If the special ballot is incapable of being used, the elector shall return it to the unit election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

  •  (1) Subsection 214(1) of the Act is replaced by the following:

    Marginal note:Information to be provided to elector

    • 214 (1) The unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.

  • (2) Subsection 214(3) of the Act is repealed.

 Section 215 of the Act is replaced by the following:

Marginal note:Voting by unit election officer

215 A unit election officer who is qualified to vote may vote in accordance with this Division.

  •  (1) The portion of subsection 216(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Assistance by unit election officer

    • 216 (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her by

      • (a) completing the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; and

  • (2) Paragraph 216(1)(b) of the English version of the Act is replaced by the following:

    • (b) marking the special ballot as directed by the elector in the elector’s presence and in the presence of another elector selected by the elector as a witness.

  • (3) The portion of subsection 216(2) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Note and keeping vote secret

      (2) The unit election officer and an elector acting as a witness shall

      • (a) sign a note on the declaration indicating that the elector was assisted; and

 Subsections 217(2) and (3) of the Act are replaced by the following:

  • Marginal note:Unit election officer for hospitalized electors

    (2) If no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.

  • Marginal note:Bed-ridden electors

    (3) A unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.

 Sections 218 and 219 of the Act are replaced by the following:

Marginal note:Duty, leave or furlough

218 An elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.

Marginal note:Delivery of documents to the commanding officer

  • 219 (1) The unit election officer shall deliver to the unit’s commanding officer,

    • (a) at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and

    • (b) at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.

  • Marginal note:Delivery of outer envelopes, etc.

    (1.1) On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.

  • Marginal note:Provision of information

    (1.2) On receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.

  • Marginal note:Delivery of election documents and election materials

    (2) On receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.

Marginal note:Informing the returning officer

  • 219.1 (1) On being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.

  • Marginal note:Name on list of electors

    (2) When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall

    • (a) if the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; and

    • (b) indicate on the list of electors that the elector has received a special ballot.

 The heading of Division 3 of Part 11 of the Act is replaced by the following:

Electors Resident Outside Canada

 The definitions elector and register in section 220 of the Act are replaced by the following:

elector

elector means an elector who resides outside Canada. (électeur)

register

register means the register referred to in section 222. (registre)

Marginal note:2003, c. 22, s. 103

 Sections 221 and 222 of the Act are replaced by the following:

Marginal note:Inclusion in register of electors resident outside Canada

221 An elector may vote under this Division if

  • (a) his or her application for registration and special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on the 6th day before polling day; and

  • (b) his or her name is entered on the register.

Marginal note:Register of electors

222 The Chief Electoral Officer shall maintain a register of electors in which is entered the surname, given names, gender, date of birth, civic address, mailing address and electoral district of each elector who has filed an application for registration and special ballot in order to vote under this Division and who, at any time before making the application, resided in Canada.

  •  (1) Paragraph 223(1)(b) of the Act is repealed.

  • Marginal note:2000, c. 12, par. 40(2)(g)

    (2) Paragraphs 223(1)(d) to (f) of the Act are replaced by the following:

    • (e) the address of the elector’s place of ordinary residence;

 Section 226 of the Act is amended by adding “or” at the end of paragraph (d), by striking out “or” at the end of paragraph (e) and by repealing paragraph (f).

  •  (1) Subsection 227(1) of the Act is replaced by the following:

    Marginal note:Special ballot

    • 227 (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall provide a special ballot to every elector whose name is entered in the register.

  • (2) Paragraph 227(2)(b) of the English version of the Act is replaced by the following:

    • (b) placing the ballot in an inner envelope and sealing it;

  • (3) Paragraphs 227(2)(c) and (d) of the Act are replaced by the following:

    • (c) signing the declaration prescribed by the Chief Electoral Officer; and

    • (d) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it.

 Section 229 of the Act is replaced by the following:

Marginal note:Deadline for return of vote

229 The special ballot must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day in order to be counted.

 Sections 231 and 232 of the Act are replaced by the following:

Marginal note:Definition of elector

231 For the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

Marginal note:Conditions for voting by special ballot

  • 232 (1) An elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.

  • Marginal note:Conditions for voting by special ballot — specified later day

    (2) If, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the specified day.

  • Marginal note:Restriction

    (3) The Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.m. on the 6th day before polling day.

  •  (1) Paragraph 233(1)(a) of the English version of the Act is replaced by the following:

    • (a) the elector’s name and the address of his or her place of ordinary residence;

  • (2) Subsection 233(1.1) of the Act is replaced by the following:

    • Marginal note:Electors in danger

      (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)(a) or (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal the addresses in respect of which the application is made except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

  • Marginal note:2014, c. 12, s. 59

    (3) Subsection 233(3) of the Act is repealed.

 Section 234 of the Act is repealed.

Marginal note:2014, c. 12, s. 60

 Sections 236 and 237 of the Act are replaced by the following:

Marginal note:List of electors

236 Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,

  • (a) that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and

  • (b) that there is an indication on the list of electors that the elector has received a special ballot.

Marginal note:Provision of ballot

  • 237 (1) Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.

  • Marginal note:Provision of ballot and envelopes

    (2) If section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.

Marginal note:2014, c. 12, s. 60

  •  (1) Subsections 237.1(3.1) and (3.2) of the Act are repealed.

  • Marginal note:2014, c. 12, s. 60

    (2) Paragraph 237.1(4)(b) of the Act is replaced by the following:

    • (b) sections 143 to 144;

  • (3) Subsection 237.1(4) of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):

    • (d.1) subsections 281.6(1) to (4);

    • (d.2) section 282.2; and

 Sections 238 and 239 of the Act are replaced by the following:

Marginal note:Voting by special ballot

238 An elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).

Marginal note:Receipt of special ballot — application made outside electoral district

  • 239 (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted by

    • (a) sending the sealed outer envelope to the special voting rules administrator by mail or any other means; or

    • (b) delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer designates.

  • Marginal note:Receipt of special ballot — application made in electoral district

    (2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.

  • Marginal note:Vote counted

    (3) Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted.

 The Act is amended by adding the following after section 241:

Marginal note:No marking

241.1 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.

  •  (1) Subsection 242(1) of the Act is replaced by the following:

    Marginal note:Spoiled ballot

    • 242 (1) If the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.

  • (2) Subsection 242(2) of the English version of the Act is replaced by the following:

    • Marginal note:Limit

      (2) An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).

  •  (1) The portion of subsection 243(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Assistance

    • 243 (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by

      • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

  • (2) Paragraph 243(1)(b) of the English version of the Act is replaced by the following:

    • (b) marking the ballot as directed by the elector in the elector’s presence.

  • (3) Subsection 243(2) of the Act is replaced by the following:

    • Marginal note:Note on declaration

      (2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

 The Act is amended by adding the following after section 243:

Marginal note:Assistance by friend or related person

  • 243.01 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:

    • (a) a friend of the elector;

    • (b) the elector’s spouse or common-law partner; or

    • (c) a relative of the elector or of the elector’s spouse or common-law partner.

  • Marginal note:Solemn declaration

    (2) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or she

    • (a) will mark the ballot paper in the manner directed by the elector;

    • (b) will not disclose the name of the candidate for whom the elector voted;

    • (c) will not try to influence the elector in choosing a candidate; and

    • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

  •  (1) The portion of subsection 243.1(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Voting at home

    • 243.1 (1) On application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

      • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

  • (2) Subsection 243.1(2) of the Act is replaced by the following:

    • Marginal note:Note on declaration

      (2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

 The Act is amended by adding the following after section 244:

Marginal note:Non-application

244.1 This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.

 Subsection 245(1) of the Act is replaced by the following:

Marginal note:Entitlement to vote

  • 245 (1) Every elector is entitled to vote under this Division on the 12th day before polling day.

 Section 246 of the Act is replaced by the following:

Marginal note:Designation of coordinating officers

246 The federal and provincial ministers responsible for correctional institutions shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

  •  (1) Subsection 247(1) of the Act is replaced by the following:

    Marginal note:Notification of issue of the writs

    • 247 (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.

  • (2) The portion of subsection 247(2) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Obligations of ministers

      (2) On being informed of the issue of the writs, each minister referred to in subsection (1) shall

      • (a) inform their respective designated coordinating officer of their issue;

  • (3) Paragraph 247(2)(c) of the Act is replaced by the following:

    • (c) inform the Chief Electoral Officer and their respective designated coordinating officer of the name and address of each liaison officer.

 Subsection 248(2) of the Act is replaced by the following:

  • Marginal note:Duty to cooperate

    (2) During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.

 Subsection 250(2) of the Act is replaced by the following:

  • Marginal note:Voting hours

    (2) The polling stations shall be open on the 12th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.

 Subsection 251(1) of the Act is replaced by the following:

Marginal note:Application for registration and special ballot

  • 251 (1) Before the 12th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

  •  (1) Subsection 253(1) of the Act is replaced by the following:

    Marginal note:Polling stations and election officers

    • 253 (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.

  • (2) Paragraph 253(2)(a) of the Act is replaced by the following:

    • (a) provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; and

 The portion of section 254 of the Act before paragraph (a) is replaced by the following:

Marginal note:Duties of election officer

254 On the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shall

 Section 256 of the Act is replaced by the following:

Marginal note:Representative of registered party

256 With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides an election officer who is assigned to a polling station at the correctional institution with an authorization in the prescribed form signed by a candidate for that party, or a copy of one.

  •  (1) Subsection 257(1) of the Act is replaced by the following:

    Marginal note:Declaration of elector

    • 257 (1) Before delivering a special ballot to an elector, an election officer who is assigned to a polling station at a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to sign the declaration on the outer envelope.

  • (2) The portion of subsection 257(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Giving special ballot to elector

      (2) After the elector has signed the declaration on the outer envelope, the election officer shall

  •  (1) The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Voting by special ballot

    • 258 (1) The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding it and, in the presence of the election officer,

  • (2) Subsection 258(3) of the Act is replaced by the following:

    • Marginal note:Spoiled special ballot

      (3) If the special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

  •  (1) The portion of subsection 259(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Assistance

    • 259 (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, an election officer who is assigned to the polling station shall assist the elector by

  • (2) Paragraph 259(1)(b) of the Act is replaced by the following:

    • (b) marking the special ballot as directed by the elector in his or her presence and in the presence of another election officer who is assigned to the polling station.

  • (3) Subsection 259(2) of the Act is replaced by the following:

    • Marginal note:Note on outer envelope

      (2) The election officers shall sign a note on the outer envelope indicating that the elector was assisted.

 The portion of section 260 of the Act before paragraph (a) is replaced by the following:

Marginal note:Delivery of documents after the vote

260 Without delay after the votes have been cast at a correctional institution, an election officer who is assigned to the polling station shall deliver to the liaison officer for the institution

 Section 261 of the Act is replaced by the following:

Marginal note:Deadline for return of election material

261 Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day.

  •  (1) The portion of subsection 267(1) of the Act before paragraph (c) is replaced by the following:

    Marginal note:Setting aside of inner envelope

    • 267 (1) The special ballot officers shall set aside an inner envelope unopened if

      • (a) the information concerning the elector, as set out in the declaration referred to in paragraph 227(2)(c) or subsection 257(1), does not correspond with the information on the application for registration and special ballot;

      • (b) a declaration referred to in paragraph (a) or in section 212 — other than one in respect of an elector who has voted with assistance under section 216, 243 or 259 — does not bear the elector’s signature;

  • (2) Paragraph 267(1)(c) of the English version of the Act is replaced by the following:

    • (c) the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained;

  • (3) Paragraph 267(1)(d) of the Act is replaced by the following:

    • (d) the outer envelope has been received by the special voting rules administrator in the National Capital Region after 6:00 p.m. on polling day; or

  • (4) Subsection 267(2) of the Act is replaced by the following:

    • Marginal note:Procedure when elector votes more than once

      (2) If, after receiving an elector’s outer envelope but before counting the inner envelopes, the special ballot officers ascertain that the elector has voted more than once, they shall set the elector’s inner envelope aside unopened.

  • (5) The portion of subsection 267(3) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Disposition of inner envelopes that are set aside

      (3) When an inner envelope is set aside unopened as described in subsection (1) or (2),

      • (a) it shall be endorsed by the special voting rules administrator with the reason why it has been set aside;

  • (6) Paragraph 267(3)(c) of the Act is replaced by the following:

    • (c) in the case of an inner envelope set aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

  • (7) Subsection 267(4) of the Act is replaced by the following:

    • Marginal note:Envelopes and declarations kept together

      (3.1) When an inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

    • Marginal note:Dispute

      (3.2) If a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.

    • Marginal note:Special report

      (4) The special voting rules administrator shall prepare a report in respect of the number of inner envelopes that are set aside under this Division.

 Paragraphs 272(b) and (c) of the Act are replaced by the following:

  • (b) all other documents and election materials received from commanding officers and election officers;

  • (c) the solemn declarations made under subsection 23(1); and

 Sections 273 and 274 of the Act are replaced by the following:

Marginal note:Notification to candidates

273 The returning officer shall, as soon as possible, notify the candidates of the names of the election officers who he or she assigns to verify the declarations referred to in paragraph 227(2)(c) and to count the special ballots issued to electors in his or her electoral district and received at his or her office.

Marginal note:Candidate present at counting

274 A candidate or his or her representative may be present for the verification of the declarations referred to in paragraph 227(2)(c) and the counting of ballots received at the returning officer’s office.

 Subsection 275(1) of the Act is replaced by the following:

Marginal note:Ballots to be kept sealed

  • 275 (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to an election officer referred to in section 273.

  •  (1) Subsection 276(1) of the Act is replaced by the following:

    Marginal note:Verification of declarations

    • 276 (1) The election officers referred to in section 273 shall verify the declarations made under paragraph 227(2)(c), at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information in the declaration whether the elector is entitled to vote in the electoral district.

  • (2) Subsection 276(3) of the Act is replaced by the following:

    • Marginal note:Provision of materials to election officer

      (3) One of the election officers shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

  •  (1) The portion of subsection 277(1) of the Act before paragraph (d) is replaced by the following:

    Marginal note:Setting aside of inner envelope

    • 277 (1) An election officer referred to in section 273 shall set aside an elector’s inner envelope unopened if

      • (a) the information concerning the elector, as set out in the elector’s declaration made under paragraph 227(2)(c), does not correspond with the information on the application for registration and special ballot;

      • (b) the declaration — other than one in respect of an elector who has voted with assistance under section 243 or 243.1 — does not bear the elector’s signature;

      • (c) the elector has voted more than once; or

  • (2) Paragraph 277(1)(d) of the French version of the Act is replaced by the following:

    • d) l’enveloppe extérieure est reçue après le délai fixé.

  • (3) Subsections 277(2) and (3) of the Act are replaced by the following:

    • Marginal note:Registering objections

      (2) When the declarations are verified, an election officer referred to in section 273 shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

    • Marginal note:Noting of reasons for setting aside

      (3) When an elector’s inner envelope is set aside unopened as described in subsection (1), the election officer who set it aside shall note on it the reasons for the setting aside. The election officer and another election officer referred to in section 273 shall both initial the envelope.

    • Marginal note:Envelopes and declarations kept together

      (4) When an elector’s inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

 Section 278 of the Act is replaced by the following:

Marginal note:Counting of inner envelopes

  • 278 (1) The election officers referred to in section 273 shall count all inner envelopes that have not been set aside.

  • Marginal note:Inner envelopes

    (2) They shall put all the inner envelopes that have not been set aside in a ballot box provided by the returning officer.

  • Marginal note:Counting the votes

    (3) After the close of the polling stations, one of the election officers shall open the ballot box and, together with another of the election officers, shall open the inner envelopes and count the votes.

  •  (1) The portion of subsection 279(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Rejection of ballots

    • 279 (1) An election officer shall, in counting the ballots, reject a ballot if

  • Marginal note:2001, c. 21, s. 15

    (2) Subsections 279(2) and (3) of the Act are replaced by the following:

    • Marginal note:Elector’s intent

      (2) An election officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

    • Marginal note:Political affiliation

      (3) An election officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.

 The headings before section 281 and sections 281 and 282 of the Act are replaced by the following:

PART 11.1Prohibitions in Relation to Voting

Marginal note:Application

281 The provisions of this Part apply inside and outside Canada.

Marginal note:Chief Electoral Officer

281.1 The Chief Electoral Officer shall not vote at an election.

Marginal note:Inducing Chief Electoral Officer to vote

281.2 No person shall induce or attempt to induce the Chief Electoral Officer to vote at an election knowing that it is the Chief Electoral Officer whom he or she is inducing or attempting to induce to vote and that the Chief Electoral Officer is prohibited from voting.

Marginal note:Not qualified as elector

281.3 No person shall

  • (a) vote or attempt to vote at an election knowing that he or she

    • (i) is not a Canadian citizen when he or she votes, or

    • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day; or

  • (b) induce or attempt to induce another person to vote at an election knowing that the other person

    • (i) is not a Canadian citizen — or will not be a Canadian citizen — when he or she votes, or

    • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day.

Marginal note:Not ordinarily resident in electoral district

281.4 No person shall

  • (a) vote or attempt to vote at an election in a particular electoral district knowing that his or her place of ordinary residence is not in that electoral district; or

  • (b) induce or attempt to induce another person to vote at an election in a particular electoral district knowing that the other person’s place of ordinary residence is not in that electoral district.

Marginal note:Voting more than once — general election

  • 281.5 (1) No person who has voted in a general election shall vote again, or attempt to vote again, in that general election.

  • Marginal note:Voting more than once — by-election

    (2) No person who has voted in a by-election shall vote again, or attempt to vote again, at that by-election or at any other by-election that is held on the same day.

Marginal note:Secrecy of the vote

  • 281.6 (1) Every person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

  • Marginal note:Attempting to obtain information about elector’s vote

    (2) Except as provided by this Act, no person shall, in a polling station, attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted.

  • Marginal note:Secrecy at the poll

    (3) Except as provided by this Act, no person shall

    • (a) on entering the polling station and before receiving a ballot or special ballot, openly declare for whom he or she intends to vote;

    • (b) while in the polling station, show his or her ballot or special ballot, when marked, so as to allow the name of the candidate for whom he or she has voted to be seen; or

    • (c) before leaving the polling station, openly declare for whom he or she has voted.

  • Marginal note:Secrecy — marked ballot

    (4) No person who has seen a ballot or special ballot that has been marked by an elector shall disclose information as to how it was marked unless he or she is the elector who marked it or he or she has been authorized to make the disclosure by the elector who marked it.

  • Marginal note:Secrecy — counting of the votes

    (5) No person shall, at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.

Marginal note:Ballots

  • 281.7 (1) No person shall

    • (a) request or apply for a ballot or special ballot in a name that is not his or her own;

    • (b) vote using a forged ballot or forged special ballot;

    • (c) request or apply for a ballot or special ballot to which he or she is not entitled;

    • (d) provide a ballot or special ballot to any person when not authorized under this Act to do so;

    • (e) have a ballot or special ballot in his or her possession when not authorized under this Act to do so;

    • (f) alter, deface or destroy a ballot, the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;

    • (g) put or cause to be put into a ballot box a ballot, special ballot or other paper otherwise than as provided by this Act or by instructions of the Chief Electoral Officer;

    • (h) take a ballot out of the polling station or the office of the returning officer otherwise than as provided by this Act or by instructions of the Chief Electoral Officer; or

    • (i) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.

  • Marginal note:Ballots — election officer

    (2) No election officer shall

    • (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; or

    • (b) place on a ballot or special ballot any writing, number or mark with intent that the elector to whom the ballot or special ballot is to be given, or has been given, can be identified.

  • Marginal note:Special ballots — unit election officer

    (3) No unit election officer shall place on a special ballot any writing, number or mark with intent that the elector to whom the special ballot is to be given, or has been given, can be identified.

Marginal note:Photograph, video or copy of marked ballot

  • 281.8 (1) No person shall

    • (a) take a photograph or make a video recording of a ballot or special ballot that has been marked, at an election, by an elector;

    • (b) make a copy, in any manner, of any ballot or special ballot that has been marked, at an election, by an elector; or

    • (c) distribute or show, in any manner, to one or more persons, a photograph, video recording or copy of a ballot or special ballot that has been marked, at an election, by an elector.

  • Marginal note:Exception — persons with visual impairment

    (2) Subsection (1) does not apply to any person with a visual impairment who takes a photograph or makes a video recording or copy of a ballot or special ballot that he or she has marked for the purpose of verifying the accuracy of their marking.

  • Marginal note:Exception — legal proceedings

    (3) Subsection (1) does not apply to a person who does anything referred to in that subsection for the purpose of a recount under Part 14 or for the purpose of any other legal proceeding.

Marginal note:False statement

281.9 No person shall

  • (a) make a false statement in an application for registration and special ballot; or

  • (b) make a false statement in a declaration signed by him or her before an election officer or unit election officer.

Marginal note:Person who assists elector — limit

  • 282 (1) At an election, no person shall, as a friend, assist under section 155 or 243.01, more than one elector for the purpose of marking a ballot.

  • Marginal note:Person who assists elector — secrecy

    (2) No person who assists an elector under section 155 or 243.01 shall, directly or indirectly, disclose the name of the candidate for whom the elector voted or that candidate’s political affiliation.

Marginal note:Vouching for more than one person

  • 282.1 (1) No person shall vouch for more than one person at an election, except in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01).

  • Marginal note:Voucher not qualified as elector, etc.

    (2) No person shall vouch for another person if

    • (a) the person who vouches is not qualified as an elector;

    • (b) the person who vouches does not personally know the other person; or

    • (c) the person who vouches does not reside in a polling division assigned to the same polling station as the polling division in which the other person resides or, in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01), in a polling division in the other person’s electoral district or an adjacent electoral district.

  • Marginal note:Vouchee acting as voucher

    (3) No person who has been vouched for at an election shall vouch for another person at that election.

Marginal note:Influencing electors

282.2 No person shall, in a polling station or in any place where voting at an election is taking place, influence or attempt to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

Marginal note:Influencing electors — election officers and staff of returning officers

282.3 Subject to section 141, no election officer, unit election officer or member of the staff of a returning officer shall, while exercising their powers or performing their duties, influence or attempt to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

Marginal note:Undue influence by foreigners

  • 282.4 (1) No person or entity referred to in any of paragraphs (a) to (e) shall, during an election period, unduly influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election:

    • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and who does not reside in Canada;

    • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election;

    • (c) a trade union that does not hold bargaining rights for employees in Canada;

    • (d) a foreign political party; or

    • (e) a foreign government or an agent or mandatary of a foreign government.

  • Marginal note:Meaning of unduly influencing

    (2) For the purposes of subsection (1), a person or entity unduly influences an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election if

    • (a) they knowingly incur any expense to directly promote or oppose a candidate in that election, a registered party that has endorsed a candidate in that election or the leader of such a registered party;

    • (b) one of the things done by them to influence the elector is an offence under an Act of Parliament or a regulation made under any such Act, or under an Act of the legislature of a province or a regulation made under any such Act.

  • Marginal note:Exceptions

    (3) For greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the elector to vote or refrain from voting, or to vote or refrain from voting for the particular candidate or registered party, consists of

    • (a) an expression of their opinion about the outcome or desired outcome of the election;

    • (b) a statement by them that encourages the elector to vote or refrain from voting for any candidate or registered party in the election; or

    • (c) the transmission to the public through broadcasting, or through electronic or print media, of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, regardless of the expense incurred in doing so, if no contravention of subsection 330(1) or (2) is involved in the transmission.

  • Marginal note:Collusion

    (4) No person or entity shall act in collusion with a person or entity to whom subsection (1) applies for the purpose of contravening that subsection.

  • Marginal note:Selling advertising space

    (5) No person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit an election advertising message or to cause an election advertising message to be transmitted.

Marginal note:Interfering with marking of ballot

282.5 No person shall interfere with, or attempt to interfere with, an elector who is marking a ballot or special ballot.

Marginal note:Preventing elector from voting

282.6 No person shall prevent or attempt to prevent an elector from voting at an election.

Marginal note:Offering bribe

  • 282.7 (1) No person shall, during an election period, directly or indirectly, offer a bribe to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

  • Marginal note:Accepting bribe

    (2) No person shall, during an election period, accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

Marginal note:Intimidation, etc.

282.8 No person shall

  • (a) by intimidation or duress, compel or attempt to compel a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election; or

  • (b) by any pretence or contrivance, including by representing that the ballot or special ballot or the manner of voting at an election is not secret, influence or attempt to influence a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

Marginal note:2014, c. 12, s. 61(1)

  •  (1) Subsections 283(1) and (2) of the Act are replaced by the following:

    Marginal note:Counting the votes

    • 283 (1) Immediately after the close of a polling station, an election officer who is assigned to the polling station shall count the votes in the presence of

      • (a) another election officer who is assigned to the polling station; and

      • (b) any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

    • Marginal note:Tally sheets

      (2) One of those election officers shall supply all the persons referred to in paragraph (1)(b) who are present and who request one with a tally sheet to keep their own score of the voting.

  • Marginal note:2014, c. 12, s. 61(2)

    (2) The portion of subsection 283(3) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Steps to follow

      (3) The election officer who counts the votes shall, in the following order,

      • (a) count the number of electors who voted, 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 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;

  • Marginal note:2014, c. 12, s. 61(3)

    (3) Paragraph 283(3)(d) of the English version of the Act is replaced by the following:

    • (d) total the number of electors indicated under paragraph (a) who voted 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;

  • (4) Paragraph 283(3)(f) of the Act is replaced by the following:

    • (f) examine each ballot, show the ballot to each person who is present, and ask the election officer referred to in paragraph (1)(a) to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

  •  (1) The portion of subsection 284(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Rejection of ballots

    • 284 (1) In examining the ballots, the election officer who counts the votes shall reject one

  • (2) Subsections 284(2) and (3) of the Act are replaced by the following:

    • Marginal note:Limitation

      (2) No ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.

    • Marginal note:Counterfoils remaining attached

      (3) If a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

 Sections 285 and 286 of the Act are replaced by the following:

Marginal note:Ballots not initialled by election officer

285 If the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

Marginal note:Objections to ballots

  • 286 (1) One of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it.

  • Marginal note:Decision of election officer

    (2) Every question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1).

  •  (1) Subsection 287(1) of the Act is replaced by the following:

    Marginal note:Statement of vote

    • 287 (1) The election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose.

  • (2) Subsection 287(2) of the English version of the Act is replaced by the following:

    • Marginal note:Copies of statement of vote

      (2) The election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count.

  •  (1) Subsections 288(1) and (2) of the Act are replaced by the following:

    Marginal note:Marked ballots

    • 288 (1) One of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them.

    • Marginal note:Rejected ballots

      (2) One of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

  • (2) The portion of subsection 288(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Documents enclosed in large envelope

      (3) One of the election officers shall seal in a large envelope supplied for the purpose

  • (3) Subsection 288(5) of the English version of the Act is replaced by the following:

    • Marginal note:Sealing ballot box

      (5) The ballot box shall be sealed with the seals provided by the Chief Electoral Officer.

Marginal note:2014, c. 12, s. 62

 Sections 288.01 and 288.1 of the Act are replaced by the following:

Marginal note:Solemn declarations

288.01 One of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made 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 One of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.

  •  (1) Subsection 289(1) of the Act is replaced by the following:

    Marginal note:Counting of votes on polling day

    • 289 (1) At least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

  • Marginal note:2014, c. 12, s. 63

    (2) Paragraph 289(2)(a) of the Act is replaced by the following:

    • (a) for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; and

  • (3) Subsection 289(3) of the Act is replaced by the following:

    • Marginal note:Prohibition

      (3) Subject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.

    • Marginal note:Exception

      (4) The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if

      • (a) the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;

      • (b) the counting is done in accordance with the Chief Electoral Officer’s instructions;

      • (c) the counting is done in a manner that ensures the integrity of the vote; and

      • (d) the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

Marginal note:2014, c. 12, s. 64

 Section 290 of the Act is replaced by the following:

Marginal note:Sending ballot boxes and envelopes to returning officer

290 An election officer who is assigned to a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer 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 an election officer who is assigned to a polling station, the envelope referred to in section 288.1.

Marginal note:2014, c. 12, s. 66

 Section 292.1 of the Act is replaced by the following:

Marginal note:List of persons who made solemn declaration

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 made a solemn declaration 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.

 Paragraphs 296(2)(b) and (c) of the Act are replaced by the following:

  • (b) for ascertaining the total number of votes under paragraph (a), may summon any election officer or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and

  • (c) may question the election officer or other person respecting the matter in question and, if necessary, ask them to make a solemn declaration in respect of the matter.

  •  (1) Section 301 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Notice to candidates

      (1.1) The returning officer shall notify each candidate or his or her official agent in writing of the application for a recount.

  • (2) The portion of subsection 301(2) of the French version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Motifs du dépouillement

      (2) Le juge fixe la date du dépouillement s’il appert, d’après l’affidavit d’un témoin digne de foi, que l’une ou l’autre des situations suivantes existe :

  • (3) Paragraph 301(2)(a) of the Act is replaced by the following:

    • (a) an election officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or

  •  (1) Subsection 304(1) of the Act is replaced by the following:

    Marginal note:Recount procedure

    • 304 (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer.

  • Marginal note:2014, c. 12, s. 69

    (2) 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 election officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.

  • (3) Subsection 304(5) of the Act is replaced by the following:

    • Marginal note:Additional powers of judge

      (5) For the purpose of conducting a recount, a judge has the power to summon any election officer as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.

Marginal note:2014, c. 12, s. 70

 Section 308 of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

  • (c) return to the returning officer the election documents or election materials brought under subsection 300(4) or 301(4) for the purpose of the recount; and

  • (d) deliver to the returning officer the reports created in the course of the recount.

  •  (1) Subsection 311(2) of the French version of the Act is replaced by the following:

    • Marginal note:Requête appuyée par un affidavit

      (2) La requête peut être appuyée par un affidavit, qu’il n’est pas nécessaire d’intituler d’aucune manière, exposant les faits qui se rattachent au défaut de conformité.

  • (2) Subsection 311(4) of the French version of the Act is replaced by the following:

    • Marginal note:Production des affidavits

      (4) Le juge visé ou toute partie intéressée peuvent déposer au bureau du greffier, du registraire ou du protonotaire du tribunal du juge auquel la requête a été présentée des affidavits en réponse à ceux que le requérant a produits; sur demande, ils en fournissent des copies au requérant.

  •  (1) Paragraph 314(1)(a) of the Act is replaced by the following:

    • (a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from election officers;

  • (2) Paragraph 314(1)(c) of the Act is replaced by the following:

    • (c) all other documents that were used at the election, including documents prepared under paragraph 162(i.1).

Marginal note:2014, c. 12, s. 72

  •  (1) The definitions election advertising and election survey in section 319 of the Act are repealed.

  • (2) Section 319 of the Act is amended by adding the following in alphabetical order:

    online platform

    online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. (plateforme en ligne)

 Section 321 of the Act is repealed.

 Subsection 323(1) of the Act is replaced by the following:

Marginal note:Blackout period

  • 323 (1) No person shall transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.

 The Act is amended by adding the following after section 325:

Online Platforms

Marginal note:Online platforms that are subject to requirements

  • 325.1 (1) This section and section 325.2 apply to any online platform that, in the 12 months before the first day of the pre-election period, in the case of the publication on the platform of a partisan advertising message, or the 12 months before the first day of the election period, in the case of the publication on the platform of an election advertising message, was visited or used by Internet users in Canada an average of at least the following numbers of times per month:

    • (a) 3,000,000 times, if the content of the online platform is available mainly in English;

    • (b) 1,000,000 times, if the content of the online platform is available mainly in French; or

    • (c) 100,000 times, if the content of the online platform is available mainly in a language other than English or French.

  • Marginal note:Registry of partisan advertising messages and election advertising messages

    (2) The owner or operator of an online platform that sells, directly or indirectly, advertising space to the following persons and groups shall publish on the platform a registry of the persons’ and groups’ partisan advertising messages and election advertising messages published on the platform during that period:

    • (a) a registered party or eligible party;

    • (b) a registered association;

    • (c) a nomination contestant;

    • (d) a potential candidate or a candidate; or

    • (e) a third party that is required to register under subsection 349.6(1) or 353(1).

  • Marginal note:Information to be included in registry

    (3) The registry referred to in subsection (2) shall include the following:

    • (a) an electronic copy of each partisan advertising message and each election advertising message published on the platform; and

    • (b) for each advertising message referred to in paragraph (a), the name of the person who authorized the advertising message’s publication on the platform, namely

      • (i) a registered agent of the registered party or eligible party, in the case of an advertising message whose publication was requested by a registered party or eligible party,

      • (ii) the financial agent of the registered association, in the case of an advertising message whose publication was requested by a registered association,

      • (iii) the financial agent of the nomination contestant, in the case of an advertising message whose publication was requested by a nomination contestant,

      • (iv) the official agent of the potential candidate or candidate, in the case of an advertising message whose publication was requested by a potential candidate or a candidate, and

      • (v) the financial agent of the registered third party, in the case of an advertising message whose publication was requested by a registered third party.

  • Marginal note:Publication period of registry

    (4) The owner or operator of the online platform shall publish in the registry referred to in subsection (2) the information referred to in subsection (3) for each partisan advertising message and each election advertising message during the following periods:

    • (a) in the case of a partisan advertising message, during the period that begins on the day on which the online platform first publishes the advertising message and ends two years after

      • (i) the end of the election period of the general election immediately following the pre-election period, or

      • (ii) the day referred to in paragraph (b) of the definition pre-election period if there is no general election immediately following the pre-election period; and

    • (b) in the case of an election advertising message, during the period that begins on the first day on which the online platform publishes such an advertising message and ends two years after the end of the election period.

  • Marginal note:Information to be kept after publication period

    (5) The owner or operator of the online platform shall keep the information that was included in the registry referred to in subsection (2) in respect of each partisan advertising message and each election advertising message for five years after the end of the applicable publication period referred to in subsection (4).

Marginal note:Information to be provided by advertiser

325.2 A person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2).

 The heading before section 326 of the English version of the Act is replaced by the following:

Election Surveys

  •  (1) Subsection 326(1) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

    • (g) the address of the Internet site on which a report referred to in subsection (3) is published.

  • (2) Subsection 326(2) of the Act is replaced by the following:

    • Marginal note:Additional information — published surveys

      (2) In addition to the information referred to in subsection (1), in the case of a transmission to the public by means other than broadcasting, the wording of the survey questions in respect of which data is obtained must be provided.

    • Marginal note:Notice of transmission of survey results

      (2.1) The first person who transmits to the public the results of an election survey — other than a survey that is described in section 327 — shall, if that person is not the sponsor of the survey, ensure that the sponsor of the survey has been notified, before the transmission, of the date on which the results are to be transmitted.

  • (3) The portion of subsection 326(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Report on survey results

      (3) A sponsor of an election survey — other than a survey that is described in section 327 — shall, during an election period, ensure that a report on the results of the survey is published and remains for the remainder of that period on an Internet site that is available to the public. The sponsor shall do so before transmitting the results of the survey, if they are the first person to transmit them or, if they are not, as soon as feasible after being notified of the date of transmission under subsection (2.1), and the report shall include the following, as applicable:

  • (4) Subsection 326(4) of the Act is repealed.

 Subsection 328(1) of the Act is replaced by the following:

Marginal note:Prohibition — causing transmission of election survey results during blackout period

  • 328 (1) No person shall cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

 Subsection 330(1) of the Act is replaced by the following:

Marginal note:Prohibition — use of broadcasting station outside Canada

  • 330 (1) No person shall, with intent to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election, use a broadcasting station outside Canada, or aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply in respect of any matter that is broadcast if the broadcasting signals originated in Canada.

Marginal note:2001, c. 27, s. 211

 Section 331 of the Act and the heading before it are repealed.

Marginal note:2014, c. 12, s. 76

  •  (1) Paragraph 348.06(2)(b) of the English version of the Act is replaced by the following:

    • (b) the name of the person or group that is a party to the agreement;

  • (2) Subsection 348.06(2) of the Act is amended by adding the following after paragraph (b):

    • (b.1) the name of the person or group on whose behalf calls will be made under the agreement; and

Marginal note:2014, c. 12, s. 76

  •  (1) Paragraph 348.07(2)(b) of the English version of the Act is replaced by the following:

    • (b) the name of the person or group that is a party to the agreement;

  • (2) Subsection 348.07(2) of the Act is amended by adding the following after paragraph (b):

    • (b.1) the name of the person or group on whose behalf calls will be made under the agreement; and

Marginal note:2014, c. 12, s. 76

 Section 348.12 of the Act is replaced by the following:

Marginal note:Publication

  • 348.12 (1) As soon as feasible but no later than 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:Clarification

    (2) Nothing in subsection (1) precludes the Canadian Radio-television and Telecommunications Commission from publishing, before polling day, any registration notice filed with it or any information related to any incomplete registration notice that is filed with it.

Marginal note:2014, c. 12, s. 77

 The heading of Division 2 of Part 16.1 of the Act is replaced by the following:

Scripts, Recordings and Lists of Telephone Numbers

 Section 348.16 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) a list of every telephone number called under the agreement during the election period.

 Section 348.17 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) a list of every telephone number called under the agreement during the election period.

Marginal note:2014, c. 12, s. 77

 Sections 348.18 and 348.19 of the Act are replaced by the following:

Marginal note:Person or group — internal services

348.18 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 person or group shall keep, for one year after the end of the election period,

  • (a) a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed; and

  • (b) a list of every telephone number called for that purpose during the election period.

Marginal note:Third party that is corporation or group — internal services

348.19 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 shall, if a script is used, keep, for one year after the end of the election period,

  • (a) a copy of each unique script used and a record of every date on which the script was used; and

  • (b) a list of every telephone number called for that purpose during the election period.

 The heading of Part 17 of the Act is replaced by the following:

Third Party Advertising, Partisan Activities and Election Surveys

Interpretation

  •  (1) The definitions election advertising and election advertising expense in section 349 of the Act are repealed.

  • (2) The definition third party in section 349 of the Act is replaced by the following:

    third party

    third party means

    • (a) in Division 0.1, a person or a group other than

      • (i) during an election period, a candidate, a registered party or an electoral district association of a registered party, and

      • (ii) outside of an election period,

        • (A) a registered party or eligible party or a registered association,

        • (B) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

        • (C) a nomination contestant;

    • (a.1) in Division 1, a person or a group other than

      • (i) a registered party or eligible party or a registered association,

      • (ii) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

      • (iii) a nomination contestant; and

    • (b) in Division 2, a person or a group other than a candidate, a registered party or an electoral district association of a registered party. (tiers)

  • (3) Section 349 of the Act is amended by adding the following in alphabetical order:

    election survey

    election survey means an election survey that is conducted by, or caused to be conducted by, a third party — a person or group other than a political party that is registered under an Act of a province — during a pre-election period or an election period and whose results the person or group takes into account

    • (a) in deciding whether or not to organize and carry out partisan activities or to transmit partisan advertising messages or election advertising messages; or

    • (b) in their organization and carrying out of those activities or their transmission of those messages. (sondage électoral)

    election survey expense

    election survey expense means an expense incurred in respect of the conducting of an election survey

    • (a) in Division 1, during a pre-election period;

    • (b) in Division 2, during an election period; and

    • (c) in Division 3, during either a pre-election period or an election period. (dépenses de sondage électoral)

    partisan activity

    partisan activity means an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party — a person or group other than a political party that is registered under an Act of a province — and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. It does not include election advertising, partisan advertising or a fundraising activity. (activité partisane)

    partisan activity expense

    partisan activity expense means an expense incurred in respect of the organization and carrying out of a partisan activity. (dépenses d’activité partisane)

    registered third party

    registered third party means a third party that is registered under section 349.6 or 353. (tiers enregistré)

 The Act is amended by adding the following after section 349:

DIVISION 0.1Prohibition on Use of Foreign Funds by Third Parties

Marginal note:Definitions

  • 349.01 (1) The following definitions apply in this Division.

    advertising

    advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

    • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

    • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

    • (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

    • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

    • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

    • (f) the making of telephone calls to electors only to encourage them to vote. (publicité)

    foreign entity

    foreign entity includes

    • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

    • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;

    • (c) a trade union that does not hold bargaining rights for employees in Canada;

    • (d) a foreign political party; or

    • (e) a foreign government or an agent or mandatary of one. (entité étrangère)

  • Marginal note:Definition of advertising

    (2) For the purposes of the definition advertising, promoting or opposing includes

    • (a) in relation to a registered party or eligible party,

      • (i) naming it,

      • (ii) identifying it, including by its logo, and

      • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

    • (b) in relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,

      • (i) naming him or her,

      • (ii) showing a photograph, cartoon or drawing of him or her,

      • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

      • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

Marginal note:Prohibition — use of foreign funds

349.02 No third party shall use funds for a partisan activity, for advertising, for election advertising or for an election survey if the source of the funds is a foreign entity.

Marginal note:Prohibition — circumventing prohibition on use of foreign funds

349.03 No third party shall

  • (a) circumvent, or attempt to circumvent, the prohibition under section 349.02; or

  • (b) act in collusion with another person or entity for that purpose.

DIVISION 1Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period

Marginal note:Maximum pre-election period expenses

  • 349.1 (1) Subject to section 349.4, a third party shall not incur the following expenses in an aggregate amount of more than $700,000:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

  • Marginal note:Maximum pre-election period expenses — electoral district

    (2) Not more than $7,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more potential candidates or nomination contestants in a given electoral district.

  • Marginal note:Expenses — party leader

    (3) The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.

  • Marginal note:Third party inflation adjustment factor

    (4) The amounts referred to in subsections (1) and (2) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

Marginal note:Prohibition — circumventing maximum amount

349.2 A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 349.1 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, partisan advertising expenses and election survey expenses exceed the maximum amount.

Marginal note:Prohibition — collusion with registered party

  • 349.3 (1) No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

  • Marginal note:Prohibition — collusion with potential candidate

    (2) No third party and no potential candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

  • Marginal note:Prohibition — collusion with associated person

    (3) No third party and no person associated with a potential candidate’s activities undertaken with a view to the potential candidate’s eventual election — including an official agent of a potential candidate who is deemed to be a candidate under section 477 — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

Marginal note:Prohibition — spending by foreign third parties

  • 349.4 (1) A foreign third party shall not incur the following expenses:

    • (a) partisan activity expenses in relation to a partisan activity that is carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to a partisan advertising message that is transmitted during that period; and

    • (c) election survey expenses in relation to an election survey that is conducted during that period.

  • Marginal note:Definition of foreign third party

    (2) In subsection (1), a foreign third party is a third party in respect of which

    • (a) if the third party is an individual, the individual

    • (b) if the third party is a corporation or entity,

      • (i) it does not carry on business in Canada, or its only activity carried on in Canada during a pre-election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the following election, and

      • (ii) it was incorporated, formed or otherwise organized outside Canada; and

    • (c) if the third party is a group, no person who is responsible for the group

Marginal note:Advertising to name third party

349.5 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any partisan advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.

Marginal note:Registration requirement for third parties

  • 349.6 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

    However, the third party may not register before the beginning of the pre-election period.

  • Marginal note:Application for registration

    (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

    • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that

    • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;

    • (c) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that

    • (d) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

    • (e) the name, address and telephone number of the third party’s financial agent.

  • Marginal note:Declaration of financial agent to accompany application

    (3) An application under subsection (2) shall be accompanied by a declaration signed by the financial agent accepting the appointment.

  • Marginal note:New financial agent

    (4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

  • Marginal note:Trade union or corporation

    (5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, partisan advertising expenses and election survey expenses.

  • Marginal note:Examination of application

    (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

  • Marginal note:Application rejected

    (7) A third party may not be registered under a name that, in the Chief Electoral Officer’s opinion, is likely to be confused with the name of a registered party or eligible party, a potential candidate, a nomination contestant, a candidate, a leadership contestant, a leader of a registered party or eligible party or a registered third party.

  • Marginal note:Registration ends

    (8) Subject to subsection 353(1.1), the registration of a third party is valid only for the pre-election period during which the application is made, but the third party continues to be subject to this Part.

Marginal note:Appointment of financial agent

  • 349.7 (1) A third party that is required to register under subsection 349.6(1) shall appoint a financial agent, who may be a person who is authorized to sign an application for registration made under that subsection.

  • Marginal note:Financial agent — ineligible persons

    (2) The following persons are not eligible to be a financial agent of a third party:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

    • (c) the chief agent of a registered party or eligible party;

    • (d) a registered agent of a registered party;

    • (e) a nomination contestant or their financial agent;

    • (f) a leadership contestant or their leadership campaign agent; and

    • (g) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

Marginal note:Requirement to appoint auditor

  • 349.8 (1) A third party that is required to register under subsection 349.6(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

  • Marginal note:Eligibility criteria

    (2) The following are eligible to be an auditor for a third party:

    • (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

    • (b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

  • Marginal note:Auditor — ineligible persons

    (3) The following persons are not eligible to be an auditor for a third party:

    • (a) the third party’s financial agent;

    • (b) a person who signed the application made under subsection 349.6(2);

    • (c) an election officer or a member of the staff of a returning officer;

    • (d) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

    • (e) the chief agent of a registered party or eligible party;

    • (f) a registered agent of a registered party;

    • (g) a nomination contestant or their financial agent; and

    • (h) a leadership contestant or their leadership campaign agent.

  • Marginal note:Notification of appointment

    (4) Every third party, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a declaration signed by the auditor accepting the appointment.

  • Marginal note:New auditor

    (5) If a third party’s auditor is replaced, it shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a declaration signed by the new auditor accepting the appointment.

Marginal note:Responsibilities of financial agent

  • 349.9 (1) Every contribution made during a pre-election period to a registered third party for partisan activity, partisan advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, partisan advertising expense or election survey expense incurred during a pre-election period on behalf of a registered third party shall be authorized by its financial agent.

  • Marginal note:Delegation

    (2) A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, partisan advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.

Marginal note:Interim third-party expenses return

  • 349.91 (1) Every third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer within 5 days after the day on which it became required to be registered in accordance with that subsection, if the third party

    • (a) has incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the day on which it became required to be registered in accordance with subsection 349.6(1); or

    • (b) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

  • Marginal note:Contents of return

    (2) The interim third-party expenses return shall contain

    • (a) a list of partisan activity expenses referred to in subsection 349.1(2) incurred during the period referred to in paragraph (1)(a) and the date and place of the partisan activities to which the expenses relate;

    • (b) a list of partisan advertising expenses referred to in subsection 349.1(2) incurred during that period and the date and place of the transmission of the partisan advertising messages to which the expenses relate;

    • (c) a list of election survey expenses referred to in subsection 349.1(2) incurred during that period and the date of the election surveys to which the expenses relate; and

    • (d) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) incurred during that period — other than those referred to in paragraphs (a) to (c) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

  • Marginal note:When no expenses

    (3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

  • Marginal note:Contributions

    (4) The interim third-party expenses return shall include

    • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(a);

    • (b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(a), their name, address and class, and the amount and date of each contribution;

    • (c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

    • (d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(a) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

  • Marginal note:Exceptions

    (5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed under subsection 359(1) in respect of

    • (a) a by-election that was held after the general election referred to in paragraph (1)(a); or

    • (b) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).

  • Marginal note:Loans

    (6) For the purpose of subsection (4), a contribution includes a loan.

  • Marginal note:Categories

    (7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

    • (a) individuals;

    • (b) businesses;

    • (c) commercial organizations;

    • (d) governments;

    • (e) trade unions;

    • (f) corporations without share capital other than trade unions; and

    • (g) unincorporated organizations or associations other than trade unions.

  • Marginal note:Names to be provided

    (8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

  • Marginal note:Declaration

    (9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

    • (a) the third party’s financial agent; and

    • (b) if different from the financial agent, the person who signed the application made under subsection 349.6(2).

  • Marginal note:Supporting documents

    (10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

Marginal note:Interim third-party expenses return

  • 349.92 (1) Every third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on September 15, if the third party

    • (a) has incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the earlier of September 14 and the last day of the pre-election period; or

    • (b) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

  • Marginal note:Section 349.91 applies

    (2) Subsections 349.91(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(a) of section 349.91 shall be read as a reference to the period referred to in paragraph (1)(a) of this section.

  • Marginal note:Exception

    (3) In addition to the exceptions set out in subsection 349.91(5), the interim third-party expenses return need not include any information referred to in subsections 349.91(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 349.91(1).

  • Marginal note:Application

    (4) This section applies only in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2.

Marginal note:Prohibition — false, misleading or incomplete return

349.93 No third party shall file under subsection 349.91(1) or 349.92(1) an interim third-party expenses return that

  • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under section 349.91 or 349.92, as the case may be.

Marginal note:Prohibition — use of certain contributions

349.94 No third party shall use a contribution made for partisan activity, partisan advertising or election survey purposes for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 349.91(7) the contributor falls:

  • (a) a partisan activity that is carried out during a pre-election period;

  • (b) a partisan advertising message that is transmitted during that period; and

  • (c) an election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit partisan advertising messages during that period.

DIVISION 2Partisan Activities, Election Advertising and Election Surveys During Election Period

Marginal note:2014, c. 12, ss. 78(1) and (2)

  •  (1) Subsections 350(1) to (4.1) of the Act are replaced by the following:

    Marginal note:Maximum election period expenses

    • 350 (1) Subject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $350,000:

      • (a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a general election;

      • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

      • (c) election survey expenses in relation to election surveys that are conducted during that period.

    • Marginal note:Maximum election period expenses — electoral district

      (2) Not more than $3,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district.

    • Marginal note:Expenses — party leader

      (3) The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.

    • Marginal note:Maximum election period expenses — by-election

      (4) Subject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $3,000 in a given electoral district:

      • (a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a by-election;

      • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

      • (c) election survey expenses in relation to election surveys that are conducted during that period.

    • Marginal note:Uncancellable spending

      (4.1) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, or of a by-election, a third party is deemed not to have incurred a partisan activity expense, an election advertising expense or an election survey expense if, on the issue of the writ or writs, it is not able to cancel the activity, the transmission of the advertising message or the survey, as the case may be, that the expense is in relation to.

  • Marginal note:2014, c. 12, s. 78(2)

    (2) Subsection 350(5) of the French version of the Act is replaced by the following:

    • Marginal note:Indexation

      (5) Les sommes visées aux paragraphes (1), (2) et (4) sont multipliées par le facteur d’ajustement à l’inflation visé à l’article 384, applicable à la date de délivrance du ou des brefs.

  • Marginal note:2014, c. 12, s. 78(2)

    (3) Subsection 350(6) of the Act is repealed.

Marginal note:2014, c. 12, s. 78.1

 Sections 351 to 352 of the Act are replaced by the following:

Marginal note:Prohibition — circumventing maximum amount

351 A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, election advertising expenses and election survey expenses exceed the maximum amount.

Marginal note:Prohibition — collusion with registered party

  • 351.01 (1) No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

  • Marginal note:Prohibition — collusion with candidate

    (2) No third party and no candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

  • Marginal note:Prohibition — collusion with associated person

    (3) No third party and no person associated with a candidate’s campaign — including a candidate’s official agent — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

Marginal note:Prohibition — spending by foreign third parties

  • 351.1 (1) A foreign third party shall not incur the following expenses:

    • (a) partisan activity expenses in relation to a partisan activity that is carried out during an election period;

    • (b) election advertising expenses in relation to an election advertising message that is transmitted during that period; and

    • (c) election survey expenses in relation to an election survey that is conducted during that period.

  • Marginal note:Definition of foreign third party

    (2) In subsection (1), a foreign third party is a third party in respect of which

    • (a) if the third party is an individual, the individual

    • (b) if the third party is a corporation or entity,

      • (i) it does not carry on business in Canada, or its primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election, and

      • (ii) it was incorporated, formed or otherwise organized outside Canada; and

    • (c) if the third party is a group, no person who is responsible for the group

Marginal note:Advertising to name third party

352 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any election advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.

Marginal note:2014, c. 12, s. 79(1)

  •  (1) Subsection 353(1) of the Act is replaced by the following:

    Marginal note:Registration requirement for third parties

    • 353 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

      • (a) partisan activity expenses in relation to partisan activities that are carried out during an election period;

      • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

      • (c) election survey expenses in relation to election surveys that are conducted during that period.

      However, the third party may not register before the issue of the writ.

    • Marginal note:Exception — deemed registration

      (1.1) A third party that registered under subsection 349.6(1) during a pre-election period that ends the day before the day of the issue of the writ and that is also required to register under subsection (1) is deemed to be registered under that subsection (1).

  • Marginal note:2014, c. 12, s. 79(2)

    (2) Paragraphs 353(2)(a) to (c) of the Act are replaced by the following:

    • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that

    • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;

    • (b.1) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that

    • (c) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

  • (3) Subsection 353(5) of the Act is replaced by the following:

    • Marginal note:Trade union or corporation

      (5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, election advertising expenses and election survey expenses.

  • (4) Subsection 353(8) of the Act is replaced by the following:

    • Marginal note:Registration ends

      (8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file a third-party expenses return under subsection 359(1).

  •  (1) Subsection 354(1) of the French version of the Act is replaced by the following:

    Marginal note:Nomination d’un agent financier

    • 354 (1) Le tiers tenu de s’enregistrer en application du paragraphe 353(1) doit nommer un agent financier; celui-ci peut être la personne autorisée à signer la demande d’enregistrement visée à ce paragraphe.

  • (2) Section 354 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Exception — deemed appointment

      (1.1) If, at the end of the pre-election period before a general election referred to in paragraph 353(1)(a), a third party has a financial agent who was appointed under subsection 349.7(1), the financial agent is deemed to have been appointed under subsection (1).

  • (3) Paragraph 354(2)(c) of the English version of the Act is replaced by the following:

    • (c) an election officer or a member of the staff of a returning officer; and

  •  (1) Subsection 355(1) of the Act is replaced by the following:

    Marginal note:Requirement to appoint auditor

    • 355 (1) A third party that is required to register under subsection 353(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

      • (a) partisan activity expenses in respect of partisan activities that take place during an election period;

      • (b) election advertising expenses in respect of election advertising messages that are transmitted during that period; and

      • (c) election survey expenses in relation to that period.

    • Marginal note:Exception — deemed appointment

      (1.1) If, when the obligation under subsection (1) to appoint an auditor applies, a third party has an auditor who was appointed under subsection 349.8(1), the auditor is deemed to have been appointed under subsection (1).

  • (2) Paragraph 355(3)(c) of the Act is replaced by the following:

    • (c) an election officer or a member of the staff of a returning officer;

 Section 356 of the Act is repealed.

  •  (1) Subsection 357(1) of the Act is replaced by the following:

    Marginal note:Responsibilities of financial agent

    • 357 (1) Every contribution made during an election period to a registered third party for partisan activity, election advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, election advertising expense and election survey expense incurred during an election period on behalf of a registered third party shall be authorized by its financial agent.

  • (2) Subsection 357(2) of the English version of the Act is replaced by the following:

    • Marginal note:Delegation

      (2) A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, election advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.

  • (3) Subsection 357(3) of the Act is repealed.

 The Act is amended by adding the following after section 357:

Marginal note:Interim third party expenses return

  • 357.01 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 21st day before polling day, if the third party

    • (a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

    • (b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before polling day; or

    • (c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

  • Marginal note:Contents of return

    (2) The interim third-party expenses return shall contain

    • (a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,

      • (i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,

      • (ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,

      • (iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and

      • (iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and

    • (b) in the case of any general election,

      • (i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,

      • (ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,

      • (iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and

      • (iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

  • Marginal note:When no expenses

    (3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

  • Marginal note:Contributions

    (4) The interim third-party expenses return shall include

    • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);

    • (b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution;

    • (c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

    • (d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(b) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

  • Marginal note:Exceptions

    (5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed

    • (a) under subsection 359(1) in respect of

      • (i) a by-election that was held after the general election referred to in paragraph (1)(b), or

      • (ii) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1); or

    • (b) under subsection 349.91(1) or 349.92(1).

  • Marginal note:Loans

    (6) For the purpose of subsection (4), a contribution includes a loan.

  • Marginal note:Categories

    (7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

    • (a) individuals;

    • (b) businesses;

    • (c) commercial organizations;

    • (d) governments;

    • (e) trade unions;

    • (f) corporations without share capital other than trade unions; and

    • (g) unincorporated organizations or associations other than trade unions.

  • Marginal note:Names to be provided

    (8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(b) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

  • Marginal note:Declaration

    (9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

    • (a) the third party’s financial agent; and

    • (b) if different from the financial agent, the person who signed the application made under subsection 349.6(2) or 353(2), as the case may be.

  • Marginal note:Supporting documents

    (10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

Marginal note:Interim third-party expenses return

  • 357.02 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 7th day before polling day, if the third party

    • (a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

    • (b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 9th day before polling day; or

    • (c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

  • Marginal note:Section 357.01 applies

    (2) Subsections 357.01(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(b) of section 357.01 shall be read as a reference to the period referred to in paragraph (1)(b) of this section.

  • Marginal note:Exception

    (3) In addition to the exceptions set out in subsection 357.01(5), the interim third-party expenses return need not include any information referred to in subsections 357.01(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 357.01(1).

Marginal note:Prohibition — false, misleading or incomplete return

357.03 No third party shall file under subsection 357.01(1) or 357.02(1) an interim third-party expenses return that

  • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under section 357.01 or 357.02, as the case may be.

Marginal note:Prohibition — use of certain contributions

357.1 No third party shall use a contribution for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) the contributor falls:

  • (a) a partisan activity that is carried out during an election period;

  • (b) an election advertising message that is transmitted during that period; and

  • (c) an election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit election advertising messages during that period.

Marginal note:2001, c. 27, s. 213

 Section 358 of the Act is repealed.

 The Act is amended by adding the following after section 358:

DIVISION 3Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns

Marginal note:Bank account

  • 358.1 (1) A third party that is required to register under subsection 349.6(1) — or under subsection 353(1), if it was not required to register under subsection 349.6(1) — shall open a separate bank account for the sole purpose of its partisan activities that are carried out or to be carried out during a pre-election period or an election period, partisan advertising, election advertising and election surveys.

  • Marginal note:Financial institution

    (2) The account shall be in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

  • Marginal note:Payments and receipts

    (3) All of the third party’s financial transactions in relation to its partisan activities referred to in subsection (1), partisan advertising, election advertising and election surveys that involve the payment or receipt of money are to be paid from or deposited to the account.

  • Marginal note:Closure of bank account

    (4) After polling day, the third party shall close the account once all unpaid claims and any outstanding balance have been dealt with.

  • Marginal note:Final statement of bank account

    (5) The third party shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

Marginal note:Registry of third parties

358.2 The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of registered third parties in which is recorded, in relation to each one, the information referred to in subsections 349.6(2), 349.8(4) and (5), 353(2) and 355(4) and (5).

Marginal note:2001, c. 21, ss. 20(1), (2)(E) and (3)

  •  (1) Subsections 359(1) to (3) of the Act are replaced by the following:

    Marginal note:Third-party expenses return

    • 359 (1) Every third party that is required to be registered in accordance with subsection 349.6(1) or 353(1) shall file a third-party expenses return in the prescribed form with the Chief Electoral Officer within four months after polling day.

    • Marginal note:Contents of return

      (2) The third-party expenses return shall contain

      • (a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,

        • (i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,

        • (ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,

        • (iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and

        • (iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate;

      • (b) in the case of any general election,

        • (i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,

        • (ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,

        • (iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and

        • (iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and

      • (c) in the case of a by-election, a list of partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(4) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

    • Marginal note:When no expenses

      (3) If a third party has not incurred expenses referred to in paragraph (2)(a), (b) or (c), that fact shall be indicated in its third-party expenses return.

  • (2) The portion of subsection 359(4) of the Act before paragraph (b.1) is replaced by the following:

    • Marginal note:Contributions

      (4) The third-party expenses return shall include

      • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on that polling day referred to in that subsection;

      • (b) subject to paragraph (b.1), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a), their name, address and class, and the amount and date of each contribution;

  • (3) Paragraph 359(4)(c) of the Act is replaced by the following:

    • (c) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

  • (4) Section 359 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Exceptions

      (4.1) The third-party expenses return need not include any information referred to in subsection (4) that was included in a third-party expenses return that the third party previously filed under subsection (1) in respect of

      • (a) a by-election that was held after the general election referred to in paragraph (4)(a); or

      • (b) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).

  • (5) Paragraph 359(6)(g) of the French version of the Act is replaced by the following:

    • g) organismes ou associations non constitués en personne morale autres que les syndicats.

  • (6) Subsections 359(7) to (9) of the Act are replaced by the following:

    • Marginal note:Names to be provided

      (7) If the third party is unable to identify which contributions were received during the period referred to in paragraph (4)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the third-party expenses return shall include, subject to paragraph (4)(b.1), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

    • Marginal note:Declaration

      (8) A third-party expenses return shall include a declaration that the return is accurate signed by

      • (a) the third party’s financial agent; and

      • (b) if different from the financial agent, the person who signed the application made under subsection 353(2) or — if subsection 353(1.1) applies — 349.6(2).

    • Marginal note:Supporting documents

      (9) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

 The Act is amended by adding the following after section 359:

Marginal note:Prohibition — false, misleading or incomplete document

359.1 No third party shall file under subsection 359(1) a third-party expenses return that

  • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under section 359.

  •  (1) Subsections 360(1) and (2) of the Act are replaced by the following:

    Marginal note:Auditor’s report

    • 360 (1) If a third party incurs partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses in an aggregate amount of $10,000 or more, its third-party expenses return filed under subsection 359(1) shall include a report made under subsection (2).

    • Marginal note:Auditor’s report

      (2) The third party’s auditor shall report on the third-party expenses return and shall make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the accounting records on which it is based.

  • (2) Paragraph 360(3)(a) of the Act is replaced by the following:

    • (a) the third-party expenses return that is the subject of the report does not present fairly the information contained in the accounting records on which it is based;

  • (3) Subsection 360(4) of the Act is replaced by the following:

    • Marginal note:Right of access

      (4) The auditor shall have access at any reasonable time to all of the third party’s documents that, in the auditor’s opinion, are necessary to enable the auditor to prepare the report, and may require the third party to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.

 Section 361 of the Act is replaced by the following:

Marginal note:Minor corrections — Chief Electoral Officer

  • 361 (1) The Chief Electoral Officer may correct a third-party expenses return filed under subsection 359(1) if the correction does not materially affect its substance.

  • Marginal note:Corrections or revisions at request of Chief Electoral Officer

    (2) The Chief Electoral Officer may in writing request a third party to correct or revise, within a specified period, a third-party expenses return filed under subsection 359(1).

  • Marginal note:Deadline for correction or revision

    (3) If the Chief Electoral Officer requests a correction or revision, the third party shall provide him or her with the corrected or revised version of the return within the specified period.

Marginal note:Extensions — Chief Electoral Officer

  • 361.1 (1) The Chief Electoral Officer, on the written application of a third party, shall authorize the extension of the period referred to in subsection 359(1) unless he or she is satisfied that the third party’s failure to file the third-party expenses return under that subsection was deliberate or was the result of the third party’s failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 359(1) or within two weeks after the end of that period.

Marginal note:Corrections or revisions — Chief Electoral Officer

  • 361.2 (1) The Chief Electoral Officer, on the written application of a third party, shall authorize the correction or revision of a third-party expenses return filed under subsection 359(1) if he or she is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the third party becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The third party shall provide the Chief Electoral Officer with the corrected or revised version of the return within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the third party made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the third party made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

Marginal note:Extensions, corrections or revisions — judge

  • 361.3 (1) A third party may apply to a judge for an order

    • (a) relieving the third party from the obligation to comply with a request referred to in subsection 361(2);

    • (b) authorizing an extension referred to in subsection 361.1(1); or

    • (c) authorizing a correction or revision referred to in subsection 361.2(1).

    The third party shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within the specified period referred to in subsection 361(2) or within the two weeks after the end of that period;

    • (b) under paragraph (1)(b), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 361.1(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 361.1, or

      • (iii) the end of the extended period referred to in subsection 361.1(1); or

    • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 361.2.

  • Marginal note:Grounds — extension

    (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the third party’s failure to file the required third-party expenses return was deliberate or was the result of the third party’s failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (5) The order may require that the third party satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

 Section 362 of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

  • (a.1) publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);

  • (b) publish, within one year after the issue of the writ, returns filed under subsection 359(1); and

  • (c) publish, as soon as feasible, a corrected or revised version of a return filed under subsection 359(1) and published under paragraph (b).

  •  (1) Section 364 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Exclusion — litigation expenses and personal expenses

      (1.1) For the purposes of this Act, any money that is used out of a nomination contestant’s, candidate’s or leadership contestant’s own funds to pay a litigation expense or personal expense is not a contribution if it has not been deposited into the bank account referred to in

      • (a) subsection 476.65(1), in the case of a nomination contestant;

      • (b) subsection 477.46(1), in the case of a candidate; or

      • (c) subsection 478.72(1), in the case of a leadership contestant.

  • Marginal note:2014, c. 12, s. 86

    (2) Section 364 of the Act is amended by adding the following after subsection (8):

    • Marginal note:Prohibition

      (9) No person or entity other than an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall pay fees to attend an annual or biennial convention or leadership convention of a particular registered party, or pay fees on behalf of another individual for them to attend such a convention.

Marginal note:2014, c. 12, s. 86

 Subsection 367(7) of the Act is amended by adding the following after paragraph (b):

For greater certainty, contributions made by a candidate under subsection (1) to a registered party or a registered association that later transfers funds to the candidate for the purpose of their campaign do not have the effect of reducing the amount that the candidate may contribute under this subsection.

Marginal note:2014, c. 12, s. 86

 Subsection 368(3) of the Act is replaced by the following:

  • Marginal note:Prohibition — accepting excessive contributions

    (3) No person who is permitted to accept contributions under this Act shall accept a contribution that exceeds a limit under this Act.

Marginal note:2014, c. 12, s. 86

 Section 372 of the Act is replaced by the following:

Marginal note:Return of contributions

372 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or (6) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

 The Act is amended by adding the following before section 375:

Marginal note:Nomination campaign expenses

  • 374.1 (1) A nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, including

    • (a) a nomination contest expense;

    • (b) a litigation expense;

    • (c) travel and living expenses;

    • (d) a personal expense; and

    • (e) any fees of an auditor appointed under subsection 476.77(1) that have not been reimbursed by the Receiver General.

  • Marginal note:Exclusions — administrative monetary penalties, etc.

    (2) For greater certainty, none of the following is a nomination campaign expense:

    • (a) the amount of any administrative monetary penalty imposed under Part 19;

    • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

    • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

Marginal note:Nomination contest expenses

  • 374.2 (1) A nomination contest expense is any of the following:

    • (a) any cost incurred, or non-monetary contribution received, by a nomination contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a nomination contestant during a nomination contest; and

    • (b) any acceptance by a nomination contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a nomination contestant during a nomination contest.

  • Marginal note:Exclusion — fundraising

    (2) Expenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not nomination contest expenses under subsection (1).

  • Marginal note:Inclusions

    (3) A nomination contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

    • (a) the production of advertising or promotional material;

    • (b) the distribution, broadcast or publication of such material in any media or by any other means during the nomination contest, including by the use of a capital asset;

    • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

    • (d) securing a meeting space or the supply of light refreshments at meetings;

    • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

    • (f) the conduct of surveys or research during a nomination contest.

  • Marginal note:Definition of cost incurred

    (4) In this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.

Marginal note:Litigation expenses — nomination contestants

374.3 A litigation expense of a nomination contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.

Marginal note:Personal expenses — nomination contestants

  • 374.4 (1) A nomination contestant’s personal expenses include

    • (a) childcare expenses;

    • (b) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

    • (c) in the case of a contestant who has a disability, additional expenses that are related to the disability.

  • Marginal note:Exclusions — travel and living expenses, etc.

    (2) Neither litigation expenses nor travel and living expenses are personal expenses of a nomination contestant.

  •  (1) Section 375 of the Act is amended by adding the following after paragraph (a):

    • (a.1) a litigation expense;

    • (a.2) travel and living expenses;

    • (a.3) an accessibility expense;

  • Marginal note:2014, c. 12, s. 86

    (2) Paragraph 375(c) of the Act is replaced by the following:

    • (c) any fees of an auditor appointed under subsection 477.1(2) that have not been reimbursed by the Receiver General.

  • (3) Section 375 of the Act is renumbered as subsection 375(1) and is amended by adding the following:

    • Marginal note:Exclusions — administrative monetary penalties, etc.

      (2) For greater certainty, none of the following is an electoral campaign expense:

      • (a) the amount of any administrative monetary penalty imposed under Part 19;

      • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

      • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

 Section 376 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Exclusion — accessibility expenses

    (3.1) An accessibility expense of a registered party or a candidate, as the case may be, is not an election expense of that party or candidate.

 The Act is amended by adding the following after section 376:

Marginal note:Partisan advertising expenses

376.1 A partisan advertising expense of a registered party or an electoral district association of a registered party, as the case may be, includes any of the following:

  • (a) any non-monetary contribution received by the party or association, to the extent that the property or service that was received as a non-monetary contribution is used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public; and

  • (b) any acceptance by the party or association of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public.

 Section 377 of the Act is renumbered as subsection 377(1) and is amended by adding the following:

  • Marginal note:Calculation

    (2) For the purpose of subsection (1), in calculating what a ticket bearer is entitled to obtain, to be included in the calculation is

    • (a) the cost of any goods or services received by the ticket bearer personally, such as meals and promotional products; and

    • (b) their share of any general expenses incurred by the registered party, registered association, nomination contestant, candidate or leadership contestant, as the case may be, in holding the activity, such as expenses incurred for the rental of a meeting space or for any audiovisual equipment used.

 The Act is amended by adding the following after section 377:

Marginal note:Litigation expenses — candidates

377.1 A litigation expense of a candidate is an expense of the candidate related to any of the following requests or applications, including an expense related to any appeal or judicial review arising from the request or the application:

  • (a) a request or an application made under Part 14;

  • (b) an application to a judge made under this Part; and

  • (c) an application to contest the election in the candidate’s electoral district.

Marginal note:Accessibility expenses

  • 377.2 (1) An accessibility expense of a registered party or a candidate, as the case may be, is any of the following:

    • (a) the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used solely to make accessible, to persons with a disability, materials used or activities held during an election period;

    • (b) the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):

      • (i) the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, and

      • (ii) the amount equal to the value of the property or service if the materials or activities had not been accessible to persons with a disability;

    • (c) the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used solely to make accessible, to persons with a disability, materials used or activities held during an election period; and

    • (d) the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):

      • (i) the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, and

      • (ii) the amount equal to the value of the goods or services if the materials or activities had not been accessible to persons with a disability.

  • Marginal note:Exclusion — fundraising, etc.

    (2) An amount referred to in subsection (1) that is related to a fundraising activity, to the nomination of a person as a candidate or to the selection of a person as leader of a registered party is not an accessibility expense.

  • Marginal note:Definition of cost incurred

    (3) In subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.

Marginal note:2014, c. 12, s. 86

  •  (1) Paragraph 378(1)(a) of the Act is repealed.

  • Marginal note:2014, c. 12, s. 86

    (2) Subsection 378(2) of the Act is replaced by the following:

    • Marginal note:Exclusions — travel and living expenses, etc.

      (2) Neither litigation expenses nor travel and living expenses are personal expenses of a candidate.

 The Act is amended by adding the following after section 378:

Marginal note:Categories of certain expenses and maximums

378.1 The Chief Electoral Officer may establish, in respect of candidates, categories of personal expenses and of travel and living expenses and may fix maximum amounts of expenses that may be incurred in each category.

 The Act is amended by adding the following after section 379:

Marginal note:Leadership campaign expenses

  • 379.1 (1) A leadership campaign expense of a leadership contestant is an expense reasonably incurred as an incidence of the leadership contest, including

    • (a) a leadership contest expense;

    • (b) a litigation expense;

    • (c) travel and living expenses;

    • (d) a personal expense; and

    • (e) any fees of an auditor appointed under Division 6 of Part 18 that have not been reimbursed by the Receiver General.

  • Marginal note:Exclusions — administrative monetary penalties, etc.

    (2) For greater certainty, none of the following is a leadership campaign expense:

    • (a) the amount of any administrative monetary penalty imposed under Part 19;

    • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

    • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

Marginal note:Leadership contest expenses

  • 379.2 (1) A leadership contest expense is any of the following:

    • (a) any cost incurred, or non-monetary contribution received, by a leadership contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a leadership contestant during a leadership contest; and

    • (b) any acceptance by a leadership contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a leadership contestant during a leadership contest.

  • Marginal note:Exclusion — fundraising

    (2) Expenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not leadership contest expenses under subsection (1).

  • Marginal note:Inclusions

    (3) A leadership contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

    • (a) the production of advertising or promotional material;

    • (b) the distribution, broadcast or publication of such material in any media or by any other means during the leadership contest, including by the use of a capital asset;

    • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

    • (d) securing a meeting space or the supply of light refreshments at meetings;

    • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

    • (f) the conduct of surveys or research during a leadership contest.

  • Marginal note:Definition of cost incurred

    (4) In this section, cost incurred means an expense that is incurred by a leadership contestant, whether it is paid or unpaid.

Marginal note:Litigation expenses — leadership contestants

379.3 A litigation expense of a leadership contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.

Marginal note:Personal expenses — leadership contestants

  • 379.4 (1) A leadership contestant’s personal expenses include

    • (a) childcare expenses;

    • (b) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

    • (c) in the case of a contestant who has a disability, additional expenses that are related to the disability.

  • Marginal note:Exclusions — travel and living expenses, etc.

    (2) Neither litigation expenses nor travel and living expenses are personal expenses of a leadership contestant.

 Subsection 382(3) of the Act is amended by adding the following after paragraph (a):

  • (a.1) the total litigation expenses;

  • (a.2) the total travel and living expenses that are related to travel and sojourns during the election period;

  • (a.3) the total accessibility expenses;

Marginal note:2014, c. 12, s. 86; 2015, c. 37, s. 3

 Section 383 of the Act is repealed.

  •  (1) Subsection 385(2) of the Act is amended by striking out “and” at the end of paragraph (i) and by adding the following after paragraph (j):

    • (k) the party’s policy for the protection of personal information, including

      • (i) a statement indicating the types of personal information that the party collects and how it collects that information,

      • (ii) a statement indicating how the party protects personal information under its control,

      • (iii) a statement indicating how the party uses personal information under its control and under what circumstances that personal information may be sold to any person or entity,

      • (iv) a statement indicating the training concerning the collection and use of personal information to be given to any employee of the party who could have access to personal information under the party’s control,

      • (v) a statement indicating the party’s practices concerning

        • (A) the collection and use of personal information created from online activity, and

        • (B) its use of cookies, and

      • (vi) the name and contact information of a person to whom concerns regarding the party’s policy for the protection of personal information can be addressed; and

    • (l) the address of the page — accessible to the public — on the party’s Internet site where its policy for the protection of personal information is published under subsection (4).

  • (2) Section 385 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Short-form name

      (2.1) The Chief Electoral Officer may establish a maximum length for a political party’s short-form name that is to be shown in election documents.

  • (3) Section 385 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Publication of policy for the protection of personal information

      (4) A political party shall publish on its Internet site its policy for the protection of personal information referred to in paragraph (2)(k) before its leader applies under this section for the party to become a registered party.

 The Act is amended by adding the following after section 385:

Marginal note:Policy for the protection of personal information — parties already registered, etc.

  • 385.1 (1) Within three months after the day on which this section comes into force, the leader of a political party shall provide the Chief Electoral Officer with the party’s policy for the protection of personal information referred to in paragraph 385(2)(k) and the Internet address referred to in paragraph 385(2)(l), if

    • (a) before the day on which this section comes into force, the leader of the party has applied under section 385 for the party to become a registered party but, as of that day, the Chief Electoral Officer has not yet informed the leader under subsection 389(1) whether or not the party is eligible for registration under section 387; or

    • (b) on the day on which this section comes into force, the party is

      • (i) an eligible party, or

      • (ii) a registered party.

  • Marginal note:Failure to comply

    (2) If the leader of the political party does not comply with subsection (1), then

    • (a) in the case of a party referred to in paragraph (1)(a), the party is not eligible for registration under section 387;

    • (b) in the case of a party referred to in subparagraph (1)(b)(i), the party may not become a registered party under section 390; and

    • (c) in the case of a party referred to in subparagraph (1)(b)(ii), the Chief Electoral Officer shall implement the procedure for non-voluntary deregistration set out in sections 415, 416 and 418.

  • Marginal note:Deemed inclusion in application for registration

    (3) If the leader of a political party provides the Chief Electoral Officer with the policy and the address referred to in subsection (1) in compliance with that subsection, or in compliance with section 415, then the policy and the address are deemed, as of the day on which they are provided, to be included in the application for registration referred to in subsection 385(2) in respect of the party.

 Section 390 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Eligible party deemed registered

    (6) For the purposes of section 429.1 and — despite subsection (5) — sections 363 and 367, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the first day of the pre-election period — if any — before the election period of the election referred to in that subsection.

Marginal note:2014, c. 12, s. 86

 Section 394 of the Act is replaced by the following:

Marginal note:Registry of political parties

394 The Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h), (k) and (l) and subsections 396(2) and 418(2).

 The Act is amended by adding the following after section 405:

Marginal note:Publication of changes to policy for the protection of personal information

405.1 As soon as feasible after reporting a change in its policy for the protection of personal information to the Chief Electoral Officer in writing under subsection 405(1), a registered party or an eligible party shall publish on its Internet site the updated version of the policy, incorporating the change set out in the report.

Marginal note:2014, c. 12, s. 86

 Subsection 408(5) of the Act is replaced by the following:

  • Marginal note:Prohibition — false or misleading declaration

    (5) No person shall make a declaration referred to in paragraph 385(2)(i) or subsection 407(2) that they know is false or misleading.

 Section 412 of the Act is renumbered as subsection (1) and is amended by adding the following:

  • Marginal note:Deregistration — failure to publish updated policy for the protection of personal information

    (2) The Chief Electoral Officer may deregister a registered party if the party fails to publish an updated version of its policy for the protection of personal information on its Internet site in accordance with section 405.1.

  • Marginal note:Deregistration — failure to continue to have policy for the protection of personal information

    (3) The Chief Electoral Officer may deregister a registered party if the party fails to continue to have a policy for the protection of personal information referred to in paragraph 385(2)(k).

 Section 426 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Expenses incurred by registered agent other than chief agent

    (2.1) Despite subsection (2), a registered agent — other than the chief agent — of a registered party shall, before incurring the party’s expenses, obtain the written authorization of the chief agent to incur those expenses, and shall incur them only in accordance with that authorization.

 The Act is amended by adding the following after section 429:

Maximum Partisan Advertising Expenses

Marginal note:Maximum partisan advertising expenses

  • 429.1 (1) The maximum amount that is allowed for partisan advertising expenses of a registered party for a pre-election period is $1,400,000.

  • Marginal note:Inflation adjustment factor

    (2) The amount referred to in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

Marginal note:Prohibition — partisan advertising expenses more than maximum amount

  • 429.2 (1) No chief agent of a registered party shall incur partisan advertising expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 429.1.

  • Marginal note:Prohibition — circumventing maximum amount

    (2) No registered party shall circumvent, or attempt to circumvent, that maximum amount in any manner, including by acting in collusion with a potential candidate for the purpose of his or her engaging in partisan advertising so that the combined total of the following exceeds the maximum amount:

    • (a) the potential candidate’s partisan advertising expenses that relate to the partisan advertising engaged in in collusion with the party; and

    • (b) the party’s partisan advertising expenses.

  • Marginal note:Prohibition — collusion by third party

    (3) No third party, within the meaning of paragraph (a.1) of the definition third party in section 349, shall act in collusion with a registered party for the purpose of the registered party’s circumventing that maximum amount.

Marginal note:Message to be authorized

429.3 A registered party, or a person acting on its behalf, that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the party’s registered agents.

Marginal note:2014, c. 12, s. 86

 Subsection 430(2) of the Act is replaced by the following:

  • Marginal note:Maximum expenses: postponement of polling day

    (2) If the Governor in Council orders the postponement of an election under subsection 59(4) for one or more electoral districts, along with the corresponding extension of the election period, then the maximum amount calculated under subsection (1) for a registered party that has endorsed a candidate in that or any of those electoral districts is increased by adding to it the product of

    • (a) $0.735 multiplied by the number of names on the preliminary list of electors in the electoral districts governed by the order in which the party has endorsed a candidate, or the number of names on the revised list of electors in those electoral districts, whichever is greater, and divided by the number of days in the election period before it was extended;

    • (b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election; and

    • (c) the number of days by which the election period is extended.

Marginal note:2014, c. 12, s. 86

 Subsection 431(2) of the Act is replaced by the following:

  • Marginal note:Prohibition — collusion

    (2) No registered party and no third party, within the meaning of paragraph (b) of the definition third party in section 349, shall act in collusion with each other for the purpose of the registered party’s circumventing the maximum amount referred to in subsection (1).

Marginal note:2014, c. 12, s. 86

 Subparagraphs 432(2)(j)(i) and (ii) of the Act are replaced by the following:

  • (i) as an election expense, each of

    • (A) the expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and

    • (B) the non-monetary contributions used by the registered party as an election expense, and

  • (ii) the accessibility expenses incurred by the registered party;

Marginal note:2014, c. 12, s. 86

 Subsection 433(1) of the Act is replaced by the following:

Marginal note:Quarterly returns

  • 433 (1) If a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall, for each quarter — in respect of a fiscal period of the registered party — that follows that general election, beginning with the quarter that immediately follows that general election and ending with the quarter in which polling day at the next general election is held, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).

Marginal note:2014, c. 12, s. 86

 The heading before section 437 of the Act is replaced by the following:

Reporting on Expenses

Marginal note:2014, c. 12, s. 86

  •  (1) The portion of subsection 437(2) of the English version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Contents of return

      (2) An election expenses return shall set out

  • Marginal note:2014, c. 12, s. 86

    (2) Paragraphs 437(2)(a) and (b) of the Act are replaced by the following:

    • (a) as an election expense, each of

      • (i) the expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and

      • (ii) the non-monetary contributions used by the registered party as an election expense;

    • (b) the accessibility expenses incurred by the registered party; and

    • (c) in the case of a general election held on a day set in accordance with subsection 56.1(2) or section 56.2, the partisan advertising expenses incurred by the registered party in relation to partisan advertising messages transmitted during the pre-election period.

Marginal note:2014, c. 12, s. 86

 The heading before section 444 of the Act is replaced by the following:

Reimbursement of Election Expenses and Accessibility Expenses

Marginal note:2014, c. 12, s. 86

 The portion of subsection 444(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Certificate

  • 444 (1) On receipt from a registered party of the documents referred to in subsection 437(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is the sum of 50% of the registered party’s election expenses, as set out in the return for its general election expenses, that were paid by its registered agents and 90% — to a maximum of $250,000 — of the registered party’s accessibility expenses, as set out in that return, that were paid by its registered agents, if

Marginal note:2014, c. 12, s. 86

 Section 450 of the Act is replaced by the following:

Marginal note:Prohibition — incurring partisan advertising expenses, etc.

  • 449.1 (1) No electoral district association of a registered party shall

    • (a) incur partisan advertising expenses in relation to partisan advertising messages that promote or oppose a registered party or an eligible party and that are transmitted during a pre-election period; or

    • (b) transmit or cause to be transmitted, during a pre-election period, partisan advertising messages that promote or oppose a registered party or an eligible party.

  • Marginal note:Exception

    (2) Despite paragraph (1)(a), an electoral district association of a registered party may incur partisan advertising expenses to the extent that the goods or services that the partisan advertising expense is incurred for are

    • (a) provided to that party, if permitted under paragraph 364(2)(b); or

    • (b) sold to that party.

  • Marginal note:Exception

    (3) Despite subsection (1), an electoral district association of a registered party may

    • (a) incur partisan advertising expenses for the transmission of partisan advertising messages referred to in paragraph (1)(a) to the extent that those messages are intended to be transmitted solely, or substantially solely, within the association’s electoral district; and

    • (b) transmit or cause to be transmitted partisan advertising messages referred to in paragraph (1)(b) to the extent that those messages are transmitted solely, or substantially solely, within the association’s electoral district.

Marginal note:Message to be authorized

449.2 A registered association that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the association’s electoral district agents.

Marginal note:Prohibition — incurring election expenses

  • 450 (1) No electoral district association of a registered party shall incur election expenses.

  • Marginal note:Election expenses — electoral district associations

    (1.1) For the purposes of subsection (1),

    • (a) election expense has the meaning given to that expression by subsection 376(1), except that the reference to “a registered party or a candidate” is to be read as a reference to “an electoral district association”; and

    • (b) subsections 376(2) to (4) apply, other than paragraph 376(3)(c), except that the reference to “a registered party or a candidate” in subsection 376(4) is to be read as a reference to “an electoral district association”.

  • Marginal note:Exception

    (1.2) Despite subsection (1), an electoral district association of a registered party may incur an election expense to the extent that the property or service that the cost was incurred for or the non-monetary contribution was received for — or the goods or services that were accepted — are

    • (a) provided to that party, a registered association of that party or a candidate endorsed by that party, if permitted under paragraph 364(2)(b); or

    • (b) sold to that party or a candidate endorsed by that party.

  • Marginal note:Uncancellable transmission

    (2) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, or of a by-election, an electoral district association is deemed not to have incurred an election expense for election advertising if, on the issue of the writ or writs, it is not able to cancel the transmission of the election advertising message that the expense is in relation to.

Marginal note:2014, c. 12, s. 86

 The portion of section 464 of the Act before paragraph (a) is replaced by the following:

Marginal note:Confirmation of registration yearly

464 On or before May 31 of every year a registered association shall provide the Chief Electoral Officer with

Marginal note:2014, c. 12, s. 86

 Subsection 469(4) of the Act is replaced by the following:

  • Marginal note:Registration

    (4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 448 for the registration of an electoral district association for an electoral district that is created by — or whose boundaries are revised as a result of — the order. The electoral district association may be registered at any time on or after the day on which the application is made.

Marginal note:2014, c. 12, s. 86

 Subsection 475.6(1) of the Act is replaced by the following:

Marginal note:Auditor’s report

  • 475.6 (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $10,000 or more in total or incurred expenses of $10,000 or more in total shall report to the association’s financial agent on the association’s financial transactions return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

 Section 475.8 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Inflation adjustment factor

    (3) The $1,500 amount set out in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the last day of the registered association’s fiscal period to which the auditor’s report relates.

Marginal note:2014, c. 12, s. 86

 The heading before section 476 of the French version of the Act is replaced by the following:

Définition

Marginal note:2014, c. 12, s. 86

 Section 476 of the Act is replaced by the following:

Marginal note:Definition of selection date

476 In this Division, selection date means the date on which a nomination contest is decided. (date de désignation)

Marginal note:2014, c. 12, s. 86

 Subsection 476.65(3) of the Act is replaced by the following:

  • Marginal note:Deposits into account

    (3) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.

  • Marginal note:Payments from account

    (3.1) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.

Marginal note:2014, c. 12, s. 86

  •  (1) Subsection 476.66(4) of the Act is replaced by the following:

    • Marginal note:Prohibition — paying nomination campaign expenses

      (4) No person or entity, other than a nomination contestant’s financial agent, shall pay the contestant’s nomination campaign expenses except for

      • (a) a litigation expense;

      • (b) travel and living expenses;

      • (c) a personal expense; or

      • (d) a petty expense referred to in section 381.

  • Marginal note:2014, c. 12, s. 86

    (2) Subsection 476.66(6) of the Act is replaced by the following:

    • Marginal note:Prohibition — paying contestant’s personal expenses, etc.

      (6) No person or entity, other than the nomination contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).

Marginal note:2014, c. 12, s. 86

 The portion of section 476.67 of the Act before paragraph (b) is replaced by the following:

Marginal note:Limits on nomination contest expenses

476.67 The limit for nomination contest expenses that is allowed for a nomination contestant in an electoral district is the amount

  • (a) that is 20% of the election expenses limit that was calculated under subsection 477.49(1) for that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or

Marginal note:2014, c. 12, s. 86

 Subsection 476.68(1) of the Act is replaced by the following:

Marginal note:Prohibition — exceeding expense limit

  • 476.68 (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination contest expenses in an amount that is more than the limit allowed for that electoral district under section 476.67.

Marginal note:2014, c. 12, s. 86

  •  (1) Paragraph 476.75(2)(a) of the Act is replaced by the following:

    • (a) a statement of nomination contest expenses;

    • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

    • (a.2) a statement of travel and living expenses;

    • (a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

    • (a.4) a statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);

  • Marginal note:2014, c. 12, s. 86

    (2) Paragraph 476.75(2)(h) of the Act is replaced by the following:

    • (h) a statement of the funds transferred by the nomination contestant to a registered party, a registered association or a candidate;

  • Marginal note:2014, c. 12, s. 86

    (3) Subsection 476.75(3) of the Act is replaced by the following:

    • Marginal note:Supporting documents

      (3) Together with the nomination campaign return, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement referred to in subsection 476.82(1).

  • (4) Subsection 476.75(9) 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) the Chief Electoral Officer is deemed to have received the declaration for the purpose of section 476.901.

Marginal note:2014, c. 12, s. 86

  •  (1) Paragraphs 476.82(1)(a) and (b) of the Act are replaced by the following:

    • (a) sets out the following:

      • (i) the amount of any travel and living expenses paid by the contestant and details of those expenses, and

      • (ii) the amount of any litigation expenses and personal expenses paid by the contestant, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them; or

    • (b) declares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.

  • (2) Section 476.82 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Supporting documents

      (1.1) Together with the statement referred to in paragraph (1)(a), the nomination contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.

  • (3) Section 476.82 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Subsequent payments — litigation expenses

      (3) If, after having sent their financial agent the statement referred to in subsection (1), a nomination contestant pays a litigation expense other than from the bank account referred to in subsection 476.65(1), the contestant shall, as soon as feasible after paying it,

      • (a) notify their financial agent of the payment;

      • (b) inform their financial agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and

      • (c) send their financial agent documents evidencing payment of the expense.

 The Act is amended by adding the following after section 476.89:

Marginal note:Prohibition — false or misleading declaration

476.891 No nomination contestant shall send to their financial agent a declaration referred to in paragraph 476.75(1)(d) that they know or reasonably ought to know is false or misleading.

Marginal note:2014, c. 12, s. 86

 Section 476.9 of the Act is replaced by the following:

Marginal note:Prohibition — false, misleading or incomplete document

476.9 No financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(1), (10), (11), (12) or (15) that

  • (a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) in the case of a document referred to in paragraph 476.75(1)(a), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

Payment of Audit Expenses

Marginal note:Certificate

  • 476.901 (1) On receipt of the documents referred to in subsection 476.75(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

    • (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the nomination contestant’s nomination contest expenses and $1,500, and

    • (b) $250.

  • Marginal note:Payment

    (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

  • Marginal note:Inflation adjustment factor

    (3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the selection date.

Marginal note:2014, c. 12, s. 86

 Section 476.91 of the Act is replaced by the following:

Marginal note:Surplus of nomination campaign funds

  • 476.91 (1) The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the sum of the following is more than the sum of the contestant’s nomination campaign expenses paid from the bank account referred to in subsection 476.65(1) and any transfers referred to in paragraph 364(5)(a):

    • (a) contributions accepted by the financial agent on behalf of the contestant;

    • (b) money received from the sale referred to in subsection (2); and

    • (c) any other amounts received by the contestant for their nomination campaign that are required to be deposited into the bank account referred to in subsection 476.65(1) and are not repayable.

  • Marginal note:Sale of capital assets

    (2) Before the surplus amount of nomination campaign funds is disposed of in accordance with sections 476.92 and 476.93, a nomination contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a nomination campaign expense.

Marginal note:2014, c. 12, s. 86

 Section 477 of the Act is replaced by the following:

Marginal note:Deeming

477 For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense within the meaning of subsection 375(1).

Marginal note:2014, c. 12, s. 86

 Section 477.1 of the Act is replaced by the following:

Marginal note:Duty to appoint official agent

  • 477.1 (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense within the meaning of subsection 375(1).

  • Marginal note:Appointment of auditor

    (2) A candidate shall appoint an auditor without delay if

    • (a) they accept contributions of $10,000 or more in total;

    • (b) they incur electoral campaign expenses of $10,000 or more in total; or

    • (c) they receive 10% or more of the valid votes cast in the electoral district in which they are a candidate.

Marginal note:2014, c. 12, s. 86

 Subsection 477.46(3) of the Act is replaced by the following:

  • Marginal note:Deposits into account

    (3) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the candidate’s own funds and those funds are used to pay a litigation expense or a personal expense.

  • Marginal note:Payments from account

    (3.1) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the candidate’s own funds of a litigation expense or a personal expense.

Marginal note:2014, c. 12, s. 86

  •  (1) Subsection 477.47(4) of the Act is replaced by the following:

    • Marginal note:Prohibition — paying electoral expenses

      (4) No person or entity, other than a candidate’s official agent, shall pay the candidate’s electoral campaign expenses except for

      • (a) a litigation expense;

      • (b) travel and living expenses;

      • (c) a personal expense; or

      • (d) a petty expense referred to in section 381.

  • Marginal note:2014, c. 12, s. 86

    (2) Subsection 477.47(6) of the Act is replaced by the following:

    • Marginal note:Election expenses incurred by candidate

      (5.1) Despite subsection (5), a candidate shall, before incurring election expenses, obtain the written authorization of their official agent to incur those expenses, and shall incur them only in accordance with that authorization.

    • Marginal note:Prohibition — paying candidate’s personal expenses, etc.

      (6) No person or entity, other than a candidate or their official agent, shall pay the candidate’s expenses referred to in any of paragraphs (4)(a) to (c).

Marginal note:2014, c. 12, s. 86

 Section 477.48 of the Act and the heading before it are repealed.

Marginal note:2014, c. 12, s. 86

 Subsection 477.49(2) of the Act is replaced by the following:

  • Marginal note:Maximum expenses: postponement of polling day

    (2) If the Governor in Council orders the postponement of polling day under subsection 59(4) for an electoral district along with the corresponding extension of the election period, then the election expenses limit calculated under subsection (1) for a candidate in that electoral district is increased by adding to it the product of

    • (a) the election expenses limit calculated under subsection (1) divided by the number of days in the election period before it was extended, and

    • (b) the number of days by which the election period is extended.

 The Act is amended by adding the following after section 477.55:

Marginal note:Prohibition — entering into contracts without authorization

477.551 No person authorized under paragraph 477.55(c) to enter into contracts shall enter into any contract in relation to an electoral campaign other than a contract that they are authorized in writing by the official agent to enter into under that paragraph.

Marginal note:2014, c. 12, s. 86

  •  (1) Paragraph 477.59(1)(b) of the Act is replaced by the following:

    • (b) if the appointment of an auditor is required under subsection 477.1(2), the auditor’s report on the return under section 477.62;

  • Marginal note:2014, c. 12, s. 86

    (2) Paragraph 477.59(2)(b) of the Act is replaced by the following:

    • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them;

    • (a.2) a statement of travel and living expenses that includes an indication of which of those expenses relate to travel and sojourns during the election period;

    • (a.3) a statement of accessibility expenses;

    • (a.4) a statement of personal expenses that includes

      • (i) an indication of which of those expenses are childcare expenses,

      • (ii) an indication of which of those expenses are expenses referred to in paragraphs 378(1)(c) and (d), and

      • (iii) an indication of which of those expenses were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them;

    • (b) a statement of electoral campaign expenses, other than the expenses referred to in paragraphs (a) to (a.4), including a statement of electoral campaign expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;

  • Marginal note:2014, c. 12, s. 86

    (3) Subsection 477.59(3) of the Act is replaced by the following:

    • Marginal note:Supporting documents

      (3) Together with the electoral campaign return, the official agent of a candidate shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement referred to in subsection 477.64(1).

Marginal note:2014, c. 12, s. 86

  •  (1) Paragraphs 477.64(1)(a) and (b) of the Act are replaced by the following:

    • (a) sets out the following:

      • (i) the amount of any travel and living expenses paid by the candidate and details of those expenses, and

      • (ii) the amount of any litigation expenses and personal expenses paid by the candidate, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them; or

    • (b) declares that the candidate did not pay for any travel and living expenses, litigation expenses or personal expenses.

  • (2) Section 477.64 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Supporting documents

      (1.1) Together with the statement referred to in paragraph (1)(a), the candidate shall send their official agent documents evidencing the payment of the expenses referred to in the statement.

  • (3) Section 477.64 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Subsequent payments — litigation expenses

      (3) If, after having sent their official agent the statement referred to in subsection (1), a candidate pays a litigation expense other than from the bank account referred to in subsection 477.46(1), the candidate shall, as soon as feasible after paying it,

      • (a) notify their official agent of the payment;

      • (b) inform their official agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and

      • (c) send their official agent documents evidencing payment of the expense.

 The Act is amended by adding the following after section 477.71:

Marginal note:Prohibition — false or misleading declaration

477.711 No candidate shall send to their official agent a declaration referred to in paragraph 477.59(1)(d) that they know or ought reasonably to know is false or misleading.

Marginal note:2014, c. 12, s. 86

  •  (1) Subsections 477.72(1) and (2) of the Act are replaced by the following:

    Marginal note:Prohibition — false, misleading or incomplete document

    • 477.72 (1) No official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) that

      • (a) the official agent knows or ought reasonably to know contains a material statement that is false or misleading; or

      • (b) in the case of a document referred to in paragraph 477.59(1)(a), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

    • Marginal note:Membership in House of Commons suspended — document not provided

      (2) If the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1), then, until the document is provided, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

      • (a) the expiry of the two-week period referred to in paragraph 477.68(2)(b), determined on the basis of whichever of its subparagraphs applies, if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(b);

      • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b), and the application is rejected, the expiry of the day on which the application is finally disposed of so as to deny it; and

      • (c) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b) and the order is granted, the expiry of the period extended by the order.

    • Marginal note:Membership in House of Commons suspended — unmade correction or revision

      (2.1) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision authorized to be made under subsection 477.67(1) was not made within 30 days after the day on which it was authorized, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

      • (a) the expiry of the two-week period referred to in subsection 477.67(4), if the candidate or their official agent does not apply to the Chief Electoral Officer for an extension under that subsection;

      • (b) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent applies to the Chief Electoral Officer for a further extension under subsection 477.67(5);

      • (c) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(5) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent makes a further application to the Chief Electoral Officer for a extension under that subsection; and

      • (d) if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) or (5), and the application is rejected, the expiry of the day on which the application is rejected.

  • Marginal note:2014, c. 12, s. 86

    (2) Paragraph 477.72(3)(a) of the English version of the Act is replaced by the following:

    • (a) the expiry of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or

  • Marginal note:2014, c. 12, s. 86

    (3) Paragraph 477.72(3)(b) of the Act is replaced by the following:

    • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the expiry of the day on which the application is finally disposed of so as to deny it.

  • Marginal note:2014, c. 12, s. 86

    (4) Subsection 477.72(4) of the Act is replaced by the following:

    • Marginal note:Speaker informed

      (4) As soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under any of subsections (2), (2.1) and (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.

Marginal note:2014, c. 12, s. 86

 The heading before section 477.73 of the Act is replaced by the following:

Reimbursement of Certain Expenses

Marginal note:2014, c. 12, s. 86

 Subsections 477.73(2) and (3) of the Act are replaced by the following:

  • Marginal note:Payment of partial reimbursement

    (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses, travel and living expenses that are related to travel and sojourns during the election period, accessibility expenses and personal expenses. The payment may be made to the person designated by the official agent.

  • Marginal note:Return of excess payment

    (3) A candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than the sum of

    • (a) 60% of the candidate’s paid election expenses, as set out in the their electoral campaign return,

    • (b) 60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,

    • (c) 60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses or expenses referred to in paragraphs 378(1)(c) and (d),

    • (d) 90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,

    • (e) 90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and

    • (f) 90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.

Marginal note:2014, c. 12, s. 86

  •  (1) Paragraphs 477.74(1)(c) and (d) of the Act are replaced by the following:

    • (c) states that the amount received as partial reimbursement under subsection 477.73(2) is less than the sum of the amounts calculated under paragraphs (2)(a) to (f); and

    • (d) sets out the amount of the final instalment of the reimbursement of the candidate’s expenses, calculated under subsection (2).

  • Marginal note:2014, c. 12, s. 86

    (2) Subsection 477.74(2) of the Act is replaced by the following:

    • Marginal note:Calculation of reimbursement

      (2) The amount referred to in paragraph (1)(d) is the sum of the following, less the partial reimbursement made under section 477.73:

      • (a) 60% of the candidate’s paid election expenses, as set out in their electoral campaign return,

      • (b) 60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,

      • (c) 60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d),

      • (d) 90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,

      • (e) 90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and

      • (f) 90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.

 The Act is amended by adding the following after section 477.74:

Marginal note:Payment to candidate

477.741 The official agent shall use any amount received under subsection 477.73(2), or received under both that subsection and subsection 477.74(4), to pay to the candidate the amount that is the sum of

  • (a) 60% of the candidate’s personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraph 378(1)(c) or (d), that were paid other than from the bank account referred to in subsection 477.46(1), and

  • (b) 90% of the total of the candidate’s childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, that were paid other than from the bank account referred to in subsection 477.46(1).

 The Act is amended by adding the following after section 477.76:

Marginal note:Inflation adjustment factor

477.761 The $1,500 amount set out in paragraph 477.75(a) and the $250 amount set out in paragraph 477.75(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on polling day.

Marginal note:2014, c. 12, s. 86

 Section 477.77 of the Act is repealed.

Marginal note:2014, c. 12, s. 86

 Paragraph 477.79(a) of the Act is replaced by the following:

  • (a) the election is deemed to have been held on the day on which the writ is withdrawn or deemed to be withdrawn; and

Marginal note:2014, c. 12, s. 86

  •  (1) Subsections 477.8(1) and (2) of the Act are replaced by the following:

    Marginal note:Surplus of electoral funds

    • 477.8 (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (3) are more than the total of the candidate’s electoral campaign expenses paid from the bank account referred to in subsection 477.46(1) and the transfers referred to in subsection (4).

    • Marginal note:Transfer or sale of capital assets

      (2) Before the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate’s official agent shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of subsection 375(1) to the registered party that has endorsed the candidate — or to the registered association of that party in the candidate’s electoral district — or sell them at their fair market value.

  • Marginal note:2014, c. 12, s. 86

    (2) Paragraphs 477.8(3)(b) and (c) of the Act are replaced by the following:

    • (b) any of the following for which the candidate was reimbursed under this Act:

      • (i) an election expense,

      • (ii) travel and living expenses,

      • (iii) an accessibility expense,

      • (iv) a personal expense paid from the bank account referred to in subsection 477.46(1), and

      • (v) a cost incurred in respect of a request or an application made under Part 14, if the cost was paid from the bank account referred to in subsection 477.46(1);

  • (3) Section 477.8 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Exclusion

      (3.1) Despite subsection (3), for the purposes of this Act, none of the following is electoral revenue:

      • (a) any amount used to pay for a candidate’s litigation expenses that was not deposited into the bank account referred to in subsection 477.46(1);

      • (b) any amount used to pay for a candidate’s personal expenses that was not deposited into the bank account referred to in subsection 477.46(1);

      • (c) any amount paid to the candidate under this Act as a reimbursement of personal expenses that were paid other than from the bank account referred to in subsection 477.46(1); and

      • (d) any amount paid to the candidate under this Act as a reimbursement of a cost incurred in respect of a request or an application made under Part 14, if that cost was paid other than from the bank account referred to in subsection 477.46(1).

  • Marginal note:2014, c. 12, s. 86

    (4) Paragraph 477.8(4)(b) of the Act is replaced by the following:

    • (b) any amount of a reimbursement referred to in paragraph (3)(b) that the candidate transfers to that registered party; and

Marginal note:2014, c. 12, s. 86

 Paragraphs 477.81(3)(a) and (b) of the Act are replaced by the following:

  • (a) the day on which they receive the final instalment of the reimbursement of the candidate’s expenses; or

  • (b) the day on which the Chief Electoral Officer is provided with the candidate’s electoral campaign return, if the candidate did not receive the reimbursement mentioned in paragraph (a).

 The Act is amended by adding the following after section 477.84:

Marginal note:Persons to whom this section applies

  • 477.841 (1) This section applies to any person who was a candidate at an election but who was not endorsed by a registered party and whose official agent disposed of the candidate’s surplus electoral funds under paragraph 477.82(b).

  • Marginal note:Application for repayment

    (2) The official agent of a candidate who is a person referred to in subsection (1) may, for the purpose of the candidate’s electoral campaign, apply to the Chief Electoral Officer for repayment of the amount of the surplus electoral funds referred to in that subsection if that candidate

    • (a) is a candidate at the general election next following the election to which the funds relate but is not endorsed by a registered party and was not a candidate at any intervening by-election;

    • (b) is a candidate at one, and only one, intervening by-election and at that by-election is not endorsed by a registered party; or

    • (c) is a candidate at more than one intervening by-election and, at the first intervening by-election at which they are a candidate, is not endorsed by a registered party.

  • Marginal note:Payment

    (3) On receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the candidate’s official agent out of the Consolidated Revenue Fund.

Marginal note:2014, c. 12, s. 86

 Subsection 477.9(5) of the Act is replaced by the following:

  • Marginal note:Period for providing statement

    (5) The candidate shall provide the statement to the Chief Electoral Officer within four months after polling day.

Marginal note:2014, c. 12, s. 86

 Section 478 of the Act and the heading “Interpretation” before it are repealed.

Marginal note:2014, c. 12, s. 86

 Subsection 478.61(3) of the French version of the Act is replaced by the following:

  • Marginal note:Nomination d’un agent membre d’une société

    (3) Tout membre d’une société nommée conformément à la présente loi à titre de vérificateur d’un parti enregistré peut être nommé agent du candidat à la direction.

Marginal note:2014, c. 12, s. 86

 Subsection 478.72(3) of the Act is replaced by the following:

  • Marginal note:Deposits into account

    (3) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.

  • Marginal note:Payments from account

    (3.1) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.

Marginal note:2014, c. 12, s. 86

  •  (1) Subsection 478.73(4) of the Act is replaced by the following:

    • Marginal note:Prohibition — paying leadership campaign expenses

      (4) No person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses except for

      • (a) a litigation expense;

      • (b) travel and living expenses;

      • (c) a personal expense; or

      • (d) a petty expense referred to in section 381.

  • Marginal note:2014, c. 12, s. 86

    (2) Subsection 478.73(6) of the Act is replaced by the following:

    • Marginal note:Prohibition — paying contestant’s personal expenses, etc.

      (6) No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).

Marginal note:2014, c. 12, s. 86

  •  (1) Paragraph 478.8(2)(a) of the Act is replaced by the following:

    • (a) a statement of leadership contest expenses;

    • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;

    • (a.2) a statement of travel and living expenses;

    • (a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;

    • (a.4) a statement of leadership campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);

  • Marginal note:2014, c. 12, s. 86

    (2) Paragraph 478.8(2)(i) of the Act is replaced by the following:

    • (i) a statement of the funds transferred by the leadership contestant to a registered party or a registered association;

  • Marginal note:2014, c. 12, s. 86

    (3) Subsection 478.8(3) of the Act is replaced by the following:

    • Marginal note:Supporting documents

      (3) Together with the leadership campaign return, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement referred to in subsection 478.85(1).

  • (4) Subsection 478.8(9) 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) the Chief Electoral Officer is deemed to have received the declaration for the purpose of section 478.931.

Marginal note:2014, c. 12, s. 86

 Subsection 478.83(1) of the Act is replaced by the following:

Marginal note:Auditor’s report

  • 478.83 (1) As soon as feasible after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $10,000 or more in total or incurred leadership campaign expenses of $10,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return for that contest and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

Marginal note:2014, c. 12, s. 86

  •  (1) Paragraphs 478.85(1)(a) and (b) of the Act are replaced by the following:

    • (a) sets out the following:

      • (i) the amount of any travel and living expenses paid by the contestant and details of those expenses, and

      • (ii) the amount of any litigation expenses and personal expenses paid by the contestant, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them; or

    • (b) declares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.

  • (2) Section 478.85 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Supporting documents

      (1.1) Together with the statement referred to in paragraph (1)(a), the leadership contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.

  • (3) Section 478.85 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Subsequent payments — litigation expenses

      (3) If, after having sent their financial agent the statement referred to in subsection (1), a leadership contestant pays a litigation expense other than from the bank account referred to in subsection 478.72(1), the contestant shall, as soon as feasible after paying it,

      • (a) notify their financial agent of the payment;

      • (b) inform their financial agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and

      • (c) send their financial agent documents evidencing payment of the expense.

 The Act is amended by adding the following after section 478.92:

Marginal note:Prohibition — false or misleading declaration

478.921 No leadership contestant shall send to their financial agent a declaration referred to in paragraph 478.8(1)(d) that they know or ought reasonably to know is false or misleading.

Marginal note:2014, c. 12, s. 86

 Section 478.93 of the Act is replaced by the following:

Marginal note:Prohibition — false, misleading or incomplete document

478.93 No financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) that

  • (a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) in the case of a document referred to in paragraph 478.8(1)(a), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

 The Act is amended by adding the following after section 478.93:

Payment of Audit Expenses

Marginal note:Certificate

  • 478.931 (1) On receipt of the documents referred to in subsection 478.8(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

    • (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the leadership contestant’s leadership contest expenses and $1,500, and

    • (b) $250.

  • Marginal note:Payment

    (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

  • Marginal note:Inflation adjustment factor

    (3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the day on which the leadership contest ends.

Marginal note:2014, c. 12, s. 86

 Section 478.94 of the Act is replaced by the following:

Marginal note:Surplus of leadership campaign funds

  • 478.94 (1) The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of the following is more than the sum of the contestant’s leadership campaign expenses paid from the bank account referred to in subsection 478.72(1) and any transfers referred to in paragraph 364(5)(b):

    • (a) contributions accepted by the leadership campaign agents on behalf of the contestant;

    • (b) money received from the sale referred to in subsection (2);

    • (c) amounts referred to in subsection 365(3); and

    • (d) any other amounts received by the contestant for their leadership campaign that are required to be deposited into the bank account referred to in subsection 478.72(1) and are not repayable.

  • Marginal note:Sale of capital assets

    (2) Before the surplus amount of leadership campaign funds is disposed of in accordance with sections 478.95 and 478.96, a leadership contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a leadership campaign expense.

  •  (1) Subsections 479(2) and (3) of the Act are replaced by the following:

    • Marginal note:Duty to maintain order

      (2) Every election officer is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.

    • Marginal note:Order to leave

      (3) In performing his or her duty under subsection (1) or (2), an election officer may order a person to leave the returning officer’s office or other place where the vote is taking place if the person is committing — or the officer believes on reasonable grounds that the person has committed — in the office or place an offence under this Act, any other Act of Parliament or any regulation made under any other Act of Parliament that threatens the maintenance of order.

  • (2) Subsections 479(5) to (7) of the Act are replaced by the following:

    • Marginal note:Removal of material

      (7) If a returning officer or other election officer believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer may cause any material that they believe on reasonable grounds was used in contravention of that paragraph to be removed from, in the case of a returning officer, his or her office or, in the case of any other election officer, the polling station.

  • (3) Subsection 479(8) of the English version of the Act is replaced by the following:

    • Marginal note:Peace officer protection

      (8) Every election officer has, while exercising their powers or performing their duties under this section, all the protection that a peace officer has by law.

 Subsection 480(1) of the Act is replaced by the following:

Marginal note:Obstruction, etc., of electoral process

  • 480 (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 480.1, 481, 482 or 482.1 or contravening a provision referred to in any of sections 484 to 499.

Marginal note:2014, c. 12, s. 88

 Section 480.1 of the Act is renumbered as subsection 480.1(1) and is amended by adding the following:

  • Marginal note:Exception

    (2) A person does not commit an offence under subsection (1) if they establish that the representation was manifestly for the purpose of parody or satire.

 Sections 481 and 482 of the Act are replaced by the following:

Marginal note:Misleading publications

  • 481 (1) Every person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate if

    • (a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; and

    • (b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate.

  • Marginal note:Factors

    (2) In determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use of

    • (a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or

    • (b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party.

  • Marginal note:Exception — parody or satire

    (3) A person or entity does not commit an offence under subsection (1) if they establish that the material was manifestly distributed, transmitted or published for the purpose of parody or satire.

Marginal note:Unauthorized use of computer

  • 482 (1) Every person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election,

    • (a) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;

    • (b) uses or causes to be used, directly or indirectly, a computer system with intent to

      • (i) commit an offence under paragraph (a),

      • (ii) destroy or alter computer data,

      • (iii) render computer data meaningless, useless or ineffective,

      • (iv) obstruct, interrupt or interfere with the lawful use of computer data, or

      • (v) obstruct, interrupt or interfere with a person or entity in the lawful use of computer data or deny access to computer data to a person or entity that is entitled to access to it;

    • (c) uses, possesses or traffics in, or permits another person or entity to have access to, a computer password that would enable a person or entity to commit an offence under paragraph (a) or (b); or

    • (d) attempts to commit any offence referred to in paragraphs (a) to (c).

  • Marginal note:Words and expressions

    (2) Words and expressions used in subsection (1) have the same meaning as in subsection 342.1(2) of the Criminal Code.

 Section 483 of the Act and the heading before it are repealed.

  •  (1) Subsection 484(1) of the French version of the Act is replaced by the following:

    Marginal note:Responsabilité stricte — déclaration sommaire

    • 484 (1) Commet une infraction l’ancien fonctionnaire électoral qui contrevient à l’alinéa 43c) (défaut de remettre des documents électoraux et du matériel électoral).

  • (2) Subsection 484(2) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):

    • (a.1) being an election officer, knowingly contravenes section 39 (failure to exercise or perform the powers or duties assigned by a returning officer in accordance with the Chief Electoral Officer’s instructions); or

  • (3) Paragraph 484(3)(b) of the Act is replaced by the following:

    • (b) knowingly contravenes subsection 23(2) (communication of information or use of personal information for unauthorized purpose);

  • (4) Paragraph 484(3)(e) of the Act is replaced by the following:

    • (e) contravenes paragraph 43(a) (obstruction of election officer) or knowingly contravenes paragraph 43(b) (impersonation of election officer); or

  • (5) Paragraph 484(3)(f) of the French version of the Act is replaced by the following:

    • f) l’ancien fonctionnaire électoral qui contrevient sciemment à l’alinéa 43c) (défaut de remettre des documents électoraux et du matériel électoral).

 Section 485 of the Act and the heading before it are replaced by the following:

Offences under Part 4 (Register of Electors and Register of Future Electors)

Marginal note:Offences requiring intent — summary conviction

  • 485 (1) Every person who contravenes paragraph 56(e) or (e.1) (unauthorized use of personal information recorded in Register of Electors or Register of Future Electors) is guilty of an offence.

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors or Register of Future Electors) is guilty of an offence.

Marginal note:2006, c. 9, s. 56(2)(F)

  •  (1) Paragraphs 486(3)(c) and (d) of the Act are replaced by the following:

    • (c) contravenes subsection 91(1) (making or publishing false statement to affect election results); or

    • (d) knowingly contravenes section 92 (publishing false statement of withdrawal of candidate).

  • (2) Section 486 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Offences requiring intent — dual procedure

      (4) Every entity is guilty of an offence that

      • (a) contravenes subsection 91(1) (making or publishing false statement to affect election results); or

      • (b) knowingly contravenes section 92 (publishing false statement of candidate’s withdrawal).

Marginal note:2007, c. 21, s. 38(1); 2014, c. 12, s. 93(1) and (2)

  •  (1) Paragraphs 489(2)(a) to (b) of the Act are repealed.

  • Marginal note:2014, c. 12, s. 93(3)

    (2) Paragraphs 489(2)(d) and (e) of the Act are repealed.

  • (3) Subsection 489(3) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).

  • (4) Paragraphs 489(3)(c) to (g) of the Act are repealed.

Marginal note:2014, c. 12, s. 94

 Paragraphs 490(a.1) to (c) of the Act are replaced by the following:

  • (a.1) being an election officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);

  • (b) being an election officer, knowingly contravenes subsection 174(2) (failure to record vote);

  • (c) being an election officer, contravenes any of subsections 175(1) to (3) and (5) (failure to take required measures with respect to advance polling) or subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

  • (d) being a returning officer, contravenes subsection 176(2) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.

Marginal note:2014, c. 12, s. 94.1

  •  (1) Subsection 491(2) of the Act is repealed.

  • (2) Paragraphs 491(3)(a) to (e) of the Act are replaced by the following:

    • (a) being a unit election officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1) or, being an election officer, contravenes section 257 or subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

    • (b) being an election officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

    • (c) being an election officer, contravenes any of subsection 276(1), section 277, subsections 278(1) and (3) and section 279 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.

 The Act is amended by adding the following after section 491:

Offences under Part 11.1 (Prohibitions in relation to Voting)

Marginal note:Offences requiring intent — summary conviction

491.1 Every person is guilty of an offence who

  • (a) contravenes subsection 281.6(2) (attempting to obtain information about elector’s vote);

  • (b) knowingly contravenes any of paragraphs 281.6(3)(a) to (c) (secrecy at the poll);

  • (c) knowingly contravenes subsection 281.6(4) (secrecy — marked ballot);

  • (d) knowingly contravenes paragraph 281.7(1)(c) (ballots);

  • (e) knowingly contravenes paragraph 281.8(1)(a) (photograph or video of marked ballot);

  • (f) knowingly contravenes paragraph 281.8(1)(b) (copy of marked ballot);

  • (g) knowingly contravenes paragraph 281.8(1)(c) (distribution of photograph, video or copy of marked ballot);

  • (h) knowingly contravenes paragraph 281.9(a) or (b) (false statement);

  • (i) contravenes subsection 282(1) (person who assists elector — limit);

  • (j) contravenes subsection 282.1(1) (vouching for more than one person);

  • (k) knowingly contravenes any of paragraphs 282.1(2)(a) to (c) (vouching for person contrary to that paragraph);

  • (l) contravenes subsection 282.1(3) (vouchee acting as voucher); or

  • (m) knowingly contravenes section 282.5 (interfering with marking of ballot).

Marginal note:Offences requiring intent — dual procedure

  • 491.2 (1) Every person is guilty of an offence who

    • (a) being the Chief Electoral Officer, knowingly contravenes section 281.1 (voting by Chief Electoral Officer);

    • (b) contravenes section 281.2 (inducing or attempting to induce Chief Electoral Officer to vote);

    • (c) contravenes paragraph 281.3(a) (voting when not qualified);

    • (d) contravenes paragraph 281.3(b) (inducing or attempting to induce a person not qualified to vote, to vote);

    • (e) contravenes paragraph 281.4(a) (voting when not ordinarily resident in electoral district);

    • (f) contravenes paragraph 281.4(b) (inducing or attempting to induce a person who is not ordinarily resident in electoral district to vote);

    • (g) knowingly contravenes subsection 281.5(1) or (2) (voting more than once);

    • (h) knowingly contravenes subsection 281.6(1) (failure to maintain secrecy);

    • (i) contravenes subsection 281.6(5) (secrecy — counting of the votes);

    • (j) knowingly contravenes any of paragraphs 281.7(1)(a), (b) and (d) to (i) (ballots);

    • (k) being an election officer, contravenes paragraph 281.7(2)(a) or (b) (ballots — election officer);

    • (l) being a unit election officer, contravenes subsection 281.7(3) (special ballots — unit election officer);

    • (m) contravenes subsection 282(2) (person who assists elector — secrecy);

    • (n) knowingly contravenes section 282.2 (influencing electors);

    • (o) being an election officer, unit election officer or member of the staff of a returning officer, knowingly contravenes section 282.3 (influencing electors);

    • (p) contravenes subsection 282.4(1) (undue influence by foreigners);

    • (q) knowingly contravenes subsection 282.4(4) (collusion);

    • (r) knowingly contravenes subsection 282.4(5) (selling advertising space);

    • (s) knowingly contravenes section 282.6 (preventing elector from voting);

    • (t) knowingly contravenes subsection 282.7(1) (offering bribe);

    • (u) knowingly contravenes subsection 282.7(2) (accepting bribe); or

    • (v) knowingly contravenes paragraph 282.8(a) or (b) (intimidation, etc.).

  • Marginal note:Offence requiring intent — dual procedure

    (2) Every entity is guilty of an offence that

    • (a) contravenes subsection 282.4(1) (undue influence by foreigners);

    • (b) knowingly contravenes subsection 282.4(4) (collusion); or

    • (c) knowingly contravenes subsection 282.4(5) (selling advertising space).

 Paragraph 492(2)(a) of the Act is replaced by the following:

  • (a) being an election officer, contravenes any of sections 283 to 288 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

  •  (1) Paragraph 495(1)(b) of the Act is replaced by the following:

    • (a.1) being the owner or operator of an online platform, contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

    • (a.2) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), contravenes section 325.2 (failure to provide information about self);

    • (b) contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, contravenes subsection 326(3) (failure to ensure report on election survey results is published); or

  • (2) Subsection 495(3) of the Act is repealed.

  • (3) Paragraph 495(4)(a) of the Act is replaced by the following:

    • (a) being the owner or operator of an online platform, knowingly contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

    • (a.1) knowingly contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, knowingly contravenes subsection 326(3) (failure to ensure report on election survey results is published);

  • (4) Subsection 495(5) of the Act is replaced by the following:

    • Marginal note:Offences requiring intent — dual procedure

      (5) Every person is guilty of an offence who

      • (a) knowingly contravenes subsection 323(1) (conducting election advertising during blackout period);

      • (a.1) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), knowingly contravenes section 325.2 (failure to provide information about self); or

      • (b) knowingly contravenes subsection 328(1) (causing transmission of election survey results during blackout period).

 Subsection 495.1(1) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) paragraph 348.16(c) (obligation to keep list of telephone numbers called).

Marginal note:2014, c. 12, s. 96

 Paragraphs 495.2(1)(a) and (b) of the Act are replaced by the following:

  • (a) paragraph 348.17(a) or 348.19(a) (obligation to keep scripts);

  • (b) paragraph 348.17(b) or 348.18(a) (obligation to keep recordings); or

  • (c) paragraph 348.17(c), 348.18(b) or 348.19(b) (obligation to keep list of telephone numbers called).

 The heading before section 496 of the Act is replaced by the following:

Offences under Part 17 (Third Party Advertising, Partisan Activities and Election Surveys)
Offences under Division 0.1 of Part 17 (Prohibition on Use of Foreign Funds by Third Parties)

Marginal note:Strict liability offences — summary conviction

  • 495.21 (1) Every third party is guilty of an offence who contravenes

    • (a) section 349.02 (use of foreign contributions); or

    • (b) paragraph 349.03(a) (circumventing prohibition) or 349.03(b) (colluding to circumvent prohibition).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every third party who knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.

Offences under Division 1 of Part 17 (Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period)

Marginal note:Strict liability offences — summary conviction

  • 495.3 (1) Every person is guilty of an offence who, being a third party, contravenes

    • (a) any of subsections 349.1(1) to (3) (exceeding pre-election period expenses limits);

    • (b) section 349.4 (foreign third party incurring pre-election period expenses);

    • (c) section 349.5 (failure to identify self in advertising);

    • (d) subsection 349.6(1) (failure to register);

    • (e) section 349.7 (failure to appoint financial agent) or subsection 349.8(1) (failure to appoint auditor);

    • (f) subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return) or 349.91(10) (failure to provide documents evidencing expenses on request);

    • (g) paragraph 349.93(b) (filing interim third-party expenses return that is substantially incomplete); or

    • (h) section 349.94 (use of anonymous contributions).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) being a third party, knowingly contravenes any of subsections 349.1(1) to (3) or section 349.2 (exceeding or circumventing pre-election period expenses limits);

    • (b) being a third party or registered party, knowingly contravenes subsection 349.3(1) (colluding to influence third party);

    • (c) being a third party or potential candidate, knowingly contravenes subsection 349.3(2) (colluding to influence third party);

    • (d) being a third party or official agent of a potential candidate, knowingly contravenes subsection 349.3(3) (colluding to influence third party);

    • (e) being a third party, knowingly contravenes section 349.4 (foreign third party incurring pre-election period expenses);

    • (f) being a third party, knowingly contravenes subsection 349.6(1) (failure to register);

    • (g) knowingly contravenes subsection 349.7(2) or 349.8(3) (ineligible person acting as financial agent or auditor);

    • (h) being a third party, knowingly contravenes subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return); or

    • (i) being a third party, contravenes paragraph 349.93(a) or knowingly contravenes paragraph 349.93(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).

Offences under Division 2 of Part 17 (Partisan Activities, Election Advertising and Election Surveys During Election Period)

Marginal note:2014, c. 12, s. 97(1) and (1.1)

  •  (1) Paragraphs 496(1)(a) to (b) of the Act are replaced by the following:

    • (a) any of subsections 350(1) to (4) (exceeding election period expenses limits);

    • (a.1) section 351.1 (foreign third party incurring election period expenses);

    • (b) section 352 (failure to identify self in advertising);

  • (2) Subsection 496(1) of the Act is amended by replacing paragraphs (e) and (f) with the following:

    • (d.1) subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return) or 357.01(10) (failure to provide documents evidencing expenses on request);

    • (d.2) paragraph 357.03(b) (filing interim third-party expenses return that is substantially incomplete); or

    • (e) section 357.1 (use of anonymous contributions).

  • Marginal note:2014, c. 12, s. 97(2) and (3)

    (3) Subsection 496(2) of the Act is replaced by the following:

    • Marginal note:Offences requiring intent — dual procedure

      (2) Every person is guilty of an offence who

      • (a) being a third party, knowingly contravenes any of subsections 350(1) to (4) or section 351 (exceeding or circumventing election period expenses limits);

      • (b) being a third party or registered party, knowingly contravenes subsection 351.01(1) (colluding to influence third party);

      • (c) being a third party or candidate, knowingly contravenes subsection 351.01(2) (colluding to influence third party);

      • (d) being a third party or official agent of a candidate, knowingly contravenes subsection 351.01(3) (colluding to influence third party);

      • (e) being a third party, knowingly contravenes section 351.1 (foreign third party incurring election period expenses);

      • (f) being a third party, knowingly contravenes subsection 353(1) (failure to register);

      • (g) knowingly contravenes subsection 354(2) or 355(3) (ineligible person acting as financial agent or auditor); or

      • (h) being a third party, knowingly contravenes subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return); or

      • (i) being a third party, contravenes paragraph 357.03(a) or knowingly contravenes paragraph 357.03(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).

 The Act is amended by adding the following after section 496:

Offences under Division 3 of Part 17 (Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns)

Marginal note:Strict liability offences — summary conviction

  • 496.1 (1) Every person is guilty of an offence who, being a third party, contravenes

    • (a) section 358.1 (failure to satisfy bank account requirements);

    • (b) subsection 359(1) (failure to file third-party expenses return) or 359(9) (failure to provide documents evidencing expenses on request);

    • (c) paragraph 359.1(b) (filing third-party expenses return that is substantially incomplete);

    • (d) subsection 361(3) (failure to provide corrected or revised return within specified period); or

    • (e) subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who, being a third party,

    • (a) knowingly contravenes subsection 359(1) (failure to file third-party expenses return);

    • (b) contravenes paragraph 359.1(a) or knowingly contravenes paragraph 359.1(b) (filing third-party expenses return that contains false or misleading information or one that is incomplete);

    • (c) knowingly contravenes subsection 361(3) (failure to provide corrected or revised return within specified period); or

    • (d) knowingly contravenes subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).

  •  (1) Subsection 497(1) of the Act is amended by adding the following after paragraph (b):

    • (b.1) being a person or entity, contravenes subsection 364(9) (paying convention fees while ineligible);

  • Marginal note:2014, c. 12, s. 99

    (2) Paragraph 497(2)(g) of the Act is replaced by the following:

    • (g) being a person entitled to accept contributions under this Act, knowingly contravenes subsection 368(3) (accepting excessive contribution);

Marginal note:2014, c. 12, s. 99

  •  (1) Paragraph 497.1(1)(h) of the Act is replaced by the following:

    • (g.1) being a chief agent, contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);

    • (g.2) being a registered party, contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);

    • (g.3) being a third party, contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);

    • (g.4) being a registered party or a person acting on behalf of a registered party, contravenes section 429.3 (failure to indicate authority for partisan advertising);

    • (h) being a chief agent, contravenes subsection 431(1) (exceeding election expenses limit);

    • (h.1) being a third party, contravenes subsection 431(2) (colluding to circumvent election expenses limit);

  • Marginal note:2014, c. 12, s. 99

    (2) Paragraph 497.1(3)(f) of the Act is replaced by the following:

    • (f) contravenes subsection 408(5) (making false or misleading declaration);

  • (3) Subsection 497.1(3) of the Act is amended by adding the following after paragraph (h):

    • (h.1) being a registered agent other than the chief agent, knowingly contravenes subsection 426(2.1) (failure to obtain written authorization to incur registered party’s expenses or incurring them contrary to authorization);

    • (h.2) being a chief agent, knowingly contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);

    • (h.3) being a registered party, knowingly contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);

    • (h.4) being a third party, knowingly contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);

Marginal note:2014, c. 12, s. 99

  •  (1) Paragraph 497.2(1)(b) of the Act is replaced by the following:

    • (a.1) being an electoral district association of a registered party, contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);

    • (a.2) being a registered association, contravenes section 449.2 (failure to indicate authority for partisan advertising);

    • (b) being an electoral district association of a registered party, contravenes subsection 450(1) (incurring election expenses);

  • Marginal note:2014, c. 12, s. 99

    (2) Paragraph 497.2(3)(b) of the Act is replaced by the following:

    • (a.1) being an electoral district association of a registered party, knowingly contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);

    • (b) being an electoral district association of a registered party, knowingly contravenes subsection 450(1) (incurring election expenses);

Marginal note:2014, c. 12, s. 99

  •  (1) Paragraph 497.3(1)(f) of the Act is replaced by the following:

    • (f) being a nomination contestant or the financial agent of one, contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);

  • (2) Subsection 497.3(1) of the Act is amended by adding the following after paragraph (p):

    • (p.1) being a nomination contestant, contravenes subsection 476.82(1) or (3) (failure to send written statement or advise financial agent);

  • Marginal note:2014, c. 12, s. 99

    (3) Paragraphs 497.3(2)(f) to (h) of the Act are replaced by the following:

    • (f) being a person or entity, knowingly contravenes subsection 476.66(4), (5) or (6) (paying or incurring nomination campaign expenses while ineligible);

    • (g) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);

    • (h) being a person or entity, contravenes subsection 476.68(2) (circumventing nomination contest expenses limit);

  • (4) Subsection 497.3(2) of the Act is amended by adding the following after paragraph (p):

    • (p.1) being a nomination contestant, knowingly contravenes subsection 476.82(1) or (3) (failure to send written statement or advise financial agent);

  • Marginal note:2014, c. 12, s. 99

    (5) Paragraph 497.3(2)(s) of the Act is replaced by the following:

    • (r.1) being a nomination contestant, contravenes section 476.891 (sending false or misleading declaration);

    • (s) being the financial agent of a nomination contestant, contravenes paragraph 476.9(a) or knowingly contravenes paragraph 476.9(b) (providing document that contains false or misleading information or that is substantially incomplete); or

Marginal note:2014, c. 12, s. 99

  •  (1) Paragraphs 497.4(1)(e) and (f) of the Act are replaced by the following:

    • (e) being a candidate, an official agent or a person authorized under paragraph 477.55(c), contravenes subsection 477.52(1) (exceeding election expenses limit) or, being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);

    • (f) being a candidate or an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);

  • (2) Subsection 497.4(1) of the Act is amended by adding the following after paragraph (m):

    • (m.1) being a candidate, contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);

  • Marginal note:2014, c. 12, s. 99

    (3) Paragraphs 497.4(2)(d) to (f) of the Act are replaced by the following:

    • (d) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(4) (paying electoral campaign expenses);

    • (d.1) being a person or entity other than a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(5) (incurring electoral campaign expenses);

    • (d.2) being a candidate, knowingly contravenes subsection 477.47(5.1) (failure to obtain written authorization to incur election expense or incurring it contrary to authorization);

    • (e) being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying certain expenses);

  • (4) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (h):

    • (h.1) being a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.551 (entering into contract in relation to electoral campaign without authorization);

  • (5) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (o):

    • (o.1) being a candidate, knowingly contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);

  • (6) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (q):

    • (q.1) being a candidate, contravenes section 477.711 (sending false or misleading declaration);

  •  (1) Subsection 497.5(1) of the Act is amended by adding the following after paragraph (p):

    • (p.1) being a leadership contestant, contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

  • Marginal note:2014, c. 12, s. 99

    (2) Paragraph 497.5(1)(s) of the Act is replaced by the following:

    • (s) being the financial agent of a leadership contestant, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); or

  • Marginal note:2014, c. 12, s. 99

    (3) Paragraph 497.5(2)(j) of the Act is replaced by the following:

    • (j) being a person or entity, knowingly contravenes subsection 478.73(6) (paying certain expenses of leadership contestant while ineligible);

  • (4) Subsection 497.5(2) of the Act is amended by adding the following after paragraph (r):

    • (r.1) being a leadership contestant, knowingly contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

  • Marginal note:2014, c. 12, s. 99

    (5) Paragraph 497.5(2)(u) of the Act is replaced by the following:

    • (t.1) being a leadership contestant, contravenes section 478.921 (sending false or misleading declaration);

    • (u) being the financial agent of a leadership contestant, contravenes paragraph 478.93(a) or knowingly contravenes paragraph 478.93(b) (providing document that contains false or misleading information or that is substantially incomplete); or

 Section 498 of the Act is replaced by the following:

Marginal note:Strict liability offence — summary conviction

  • 498 (1) Every chief agent of a registered party is guilty of an offence who fails to comply with a requirement of the Commissioner under section 510.001.

  • Marginal note:Offence requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) knowingly contravenes subsection 479(4) (refusal to obey order to leave office or place); or

    • (b) being the chief agent of a registered party, knowingly fails to comply with a requirement of the Commissioner under section 510.001.

 Paragraph 499(2)(a) of the Act is replaced by the following:

  • (a) knowingly contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or

Marginal note:2014, c. 12, s. 100(2)

  •  (1) Subsections 500(1) and (2) of the Act are replaced by the following:

    Marginal note:Punishment — strict liability offences

    • 500 (1) Every person who is guilty of an offence under any of subsections 484(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.

    • Marginal note:Punishment — offences requiring intent (summary conviction)

      (2) Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1) and 489(2), sections 491.1 and 493 and subsections 495(2) and (3), 497.1(2) and 497.2(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

  • Marginal note:2014, c. 12, s. 100(3)

    (2) The portion of subsection 500(5) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Punishment — offences requiring intent (dual procedure)

      (5) Every person who is guilty of an offence under any of subsections 480(1) and (2), 480.1(1), 481(1) and 482(1), section 482.1, subsections 484(3), 485(2), 486(3) and (4), 487(2), 488(2) and 489(3), section 490, subsection 491(3), section 491.2, subsection 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liable

  • (3) Subsection 500(6) of the Act is replaced by the following:

    • Marginal note:Additional punishment — third parties

      (5.1) Every third party that is guilty of an offence under paragraph 495.21(1)(a) or (b) or subsection 495.21(2) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount of the funds whose source was a foreign entity that were used, or the amount of the funds that were used to circumvent the prohibition on using funds whose source is a foreign entity.

    • Marginal note:Additional punishment — third parties

      (5.2) Every third party that is guilty of an offence under paragraph 495.3(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the pre-election period expenses limit in question.

    • Marginal note:Additional punishment — third parties

      (6) Every third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the election period expenses limit in question.

  •  (1) Paragraph 502(1)(e) of the Act is replaced by the following:

    • (e) being a candidate, contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or

  • (2) Paragraph 502(2)(a) of the Act is repealed.

  • (3) Paragraph 502(2)(c) of the Act is replaced by the following:

    • (c) being a candidate or an official agent of a candidate, knowingly contravenes paragraph 43(b) (impersonation of election officer);

  • (4) Paragraph 502(2)(h) of the Act is replaced by the following:

    • (g.1) contravenes section 281.5 (only one vote);

    • (g.2) contravenes paragraph 281.7(1)(a) (request or apply for a ballot or special ballot under false name);

    • (h) being a candidate or an official agent of a candidate, commits an offence under subsection 282.7(1) (offering bribe);

  • Marginal note:2014, c. 12, s. 102(3)

    (5) Paragraph 502(2)(h.1) of the Act is replaced by the following:

    • (h.1) being a candidate or an official agent of a candidate, commits an offence under subsection 480.1(1) (impersonation); or

  • (6) Subsection 502(2) of the Act is amended by striking out “or” at the end of paragraph (h.2) and by repealing paragraph (i).

Marginal note:2003, c. 19, s. 59(1) and (2); 2014, c. 12, s. 103

 Section 503 of the Act is replaced by the following:

Marginal note:Deregistered parties

  • 503 (1) A political party that is deregistered during a pre-election period does not commit an offence under paragraph 495.3(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in section 349.1.

  • Marginal note:Prior expenses applied against spending limit

    (1.1) If subsection (1) applies, then partisan activity expenses, partisan advertising expenses and election survey expenses incurred before the deregistration shall be applied against any maximum amount set out in section 349.1 and, if the limit is exceeded, the political party shall not incur any additional partisan activity expenses, partisan advertising expenses or election survey expenses.

  • Marginal note:Deregistered parties

    (1.2) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in section 350.

  • Marginal note:Eligible party

    (2) An eligible party that does not become a registered party during the election period of a general election does not commit an offence under paragraph 496(1)(a) or (2)(a) if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in section 350.

  • Marginal note:Prior expenses applied against spending limit

    (3) If subsection (1.2) or (2) applies, then partisan activity expenses, election advertising expenses and election survey expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against any maximum amount set out in section 350 and, if the maximum amount is exceeded, the party shall not incur any additional partisan activity expenses, election advertising expenses or election survey expenses.

Marginal note:2014, c. 12, s. 104

 Section 505 of the Act is replaced by the following:

Marginal note:Prosecution of third parties — groups

  • 505 (1) If a third party that is a group commits an offence under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the person who is responsible for the group or its financial agent commits the offence if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the offence.

  • Marginal note:Prosecution of third parties — vicarious liability

    (2) For the purpose of a prosecution brought against a third party under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the third party is deemed to be a person and any act or omission of the person who signed the application for registration in respect of the third party — or, in the absence of an application, the person who would have signed it — or the third party’s financial agent, within the scope of that person’s or financial agent’s authority, is deemed to be an act or omission of the third party.

  • Marginal note:Prosecution of third parties — groups or corporations ($50,000)

    (3) If a third party that is a group or corporation commits an offence under paragraph 495.3(1)(d) or 496(1)(c), the third party is liable on conviction to a fine of not more than $50,000 instead of the punishment set out in subsection 500(1).

  • Marginal note:Prosecution of third parties — groups or corporations ($100,000)

    (4) If a third party that is a group or corporation commits an offence under paragraph 495.3(2)(e) or 496(2)(e), the third party is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5).

 The Act is amended by adding the following after section 508:

Violations

Marginal note:Violation

508.1 Every person or entity that contravenes section 281.3, 281.4 or 281.5 or a provision of any of Parts 16, 17 and 18 – or that fails to comply with a requirement of the Chief Electoral Officer under any of those Parts, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner — commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act.

Marginal note:Continuing violation

508.2 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.

Marginal note:How act or omission may be proceeded with

508.3 If an act or omission may be proceeded with as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other.

Administrative Monetary Penalties

Marginal note:Purpose of penalty

508.4 The purpose of an administrative monetary penalty is to promote compliance with this Act, and not to punish.

Marginal note:Maximum amount of penalty

  • 508.5 (1) Subject to subsection (2), the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity.

  • Marginal note:Maximum — sections 363 and 367

    (2) The maximum administrative monetary penalty for a violation arising from the contravention of section 363 or 367 is an amount equal to twice the amount that was contributed in contravention of that section, plus

    • (a) $1,500, in the case of an individual who contravenes section 363 or 367; and

    • (b) $5,000, in the case of a corporation or an entity that contravenes section 363.

Marginal note:Criteria for penalty

  • 508.6 (1) The amount of an administrative monetary penalty is to be determined taking into account

    • (a) the degree of intention or negligence on the part of the person or entity that committed the violation;

    • (b) the harm done by the violation;

    • (c) whether the person or entity derived any advantage from the violation;

    • (d) whether the person or entity made reasonable efforts to mitigate or reverse the violation’s effects;

    • (e) whether the person or entity has taken steps to avoid committing the violation in the future;

    • (f) whether the person or entity has provided all reasonable assistance to the Commissioner with respect to the violation, including reporting it and providing any relevant information;

    • (g) the person’s or entity’s history of compliance with the provisions of this Act;

    • (h) the person’s or entity’s ability to pay the penalty;

    • (i) any aggravating and mitigating circumstances; and

    • (j) any other factor that, in the opinion of the Commissioner, is relevant.

  • Marginal note:Notice

    (2) The Commissioner may take into account a factor under paragraph (1)(j) only if a notice that sets out the factor has been published on his or her Internet site.

  • Marginal note:Consultations

    (3) Before publishing the notice, the Commissioner shall consult with the Chief Electoral Officer and then

    • (a) consult with the Advisory Committee of Political Parties established by subsection 21.1(1); and

    • (b) publish on his or her Internet site, for the purpose of public consultation, a notice that sets out the proposed factor for at least 30 days.

Marginal note:2014, c. 12, s. 108

  •  (1) Subsections 509(1) and (2) of the Act are replaced by the following:

    Marginal note:Commissioner of Canada Elections

    • 509 (1) The Commissioner of Canada Elections shall be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, to hold office during good behaviour for a non-renewable term of 10 years and may be removed by the Chief Electoral Officer for cause.

    • Marginal note:Remuneration

      (2) The Commissioner shall be paid the remuneration that is fixed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions.

  • Marginal note:2014, c. 12, ss. 108 and 154

    (2) Subsection 509(3) of the Act is amended by adding “or” at the end of paragraph (b) and by repealing paragraphs (d) and (e).

Marginal note:2014, c. 12, ss. 108 and 157

 Sections 509.1 and 509.2 of the Act are replaced by the following:

Marginal note:Position within Office of Chief Electoral Officer

  • 509.1 (1) The position of Commissioner of Canada Elections is within the Office of the Chief Electoral Officer.

  • Marginal note:Deputy head — Financial Administration Act

    (2) For the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 occupy their positions.

  • Marginal note:Deputy head — Public Service Employment Act

    (3) For the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 occupy their positions.

Marginal note:Duty

509.2 The Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced by taking any measure that is provided for in this Act, including by

  • (a) conducting investigations;

  • (b) instituting prosecutions for offences under this Act;

  • (c) entering into compliance agreements;

  • (d) issuing notices of violation that set out an administrative monetary penalty; or

  • (e) accepting undertakings.

Marginal note:Independence

  • 509.21 (1) All decisions made and actions taken by the Commissioner under any provision of Part 19 are to be made or taken independently of the Chief Electoral Officer.

  • Marginal note:Clarification

    (2) Nothing in subsection (1) precludes the Commissioner from consulting with the Chief Electoral Officer in respect of any matter if the Commissioner considers it appropriate to do so.

Marginal note:Power to take measures

509.22 The Commissioner, if he or she considers it to be in the public interest, may take any measures, including incurring any expenses, when exercising or performing any of his or her powers, duties and functions under this Part.

Marginal note:Delegation

509.23 The Commissioner may delegate to any member of his or her staff, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties or functions that relate to the issuance of notices of violation or the acceptance of undertakings under this Part.

Marginal note:2014, c. 12, s. 108

 Section 509.5 of the Act is replaced by the following:

Marginal note:Authorization to assist

509.5 The Commissioner may authorize a person employed in the Office of the Chief Electoral Officer to assist the Commissioner in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.1(2) and (3) and in the exercise of his or her power under section 509.4, subject to the terms and conditions that the Commissioner sets.

Marginal note:2014, c. 12, s. 108

 The portion of section 509.6 of the Act before paragraph (a) is replaced by the following:

Marginal note:Amounts to be paid out of C.R.F.

509.6 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Chief Electoral Officer:

Marginal note:2014, c. 12, s. 108

 The heading before section 510 of the Act is replaced by the following:

Investigations

Marginal note:2014, c. 12, s. 108

 Subsection 510(3) of the Act is replaced by the following:

  • Marginal note:Public officer — Criminal Code

    (3) For the purposes of Part XV of the Criminal Code, any person who is charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.

 The Act is amended by adding the following after section 510:

Marginal note:Election expenses return — supporting documents

510.001 In the course of conducting an investigation under section 510 in response to a complaint, the Commissioner may require the chief agent of a registered party to provide by a specified date documents evidencing any expense set out in the party’s election expenses return, including bank statements, deposit slips and cancelled cheques.

Marginal note:Order requiring testimony or written return

  • 510.01 (1) If, on application of the Commissioner or his or her authorized representative, a judge is satisfied by information on oath that there are reasonable grounds to believe that this Act has been contravened or is about to be contravened and that an individual has or is likely to have information that will provide evidence of the contravention, the judge may order the individual to

    • (a) attend as specified in the order and be examined on oath by the Commissioner or the authorized representative on any matter that is relevant to the contravention before an individual, in sections 510.02 to 510.04 referred to as a “presiding officer”, designated in the order; or

    • (b) make and deliver to the Commissioner or the authorized representative, within the time specified in the order, a written return under oath showing in detail the information that is required by the order.

  • Marginal note:Date for hearing and notice

    (2) On receipt of the application, the judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in the manner that the judge may specify, to the individual against whom the order is sought.

  • Marginal note:Restriction

    (3) No order may be made under subsection (1) against an individual who is alleged to have committed, or who is about to commit, the contravention to which the application relates.

  • Marginal note:When hearing may proceed ex parte

    (4) A judge may proceed ex parte to hear and determine the application in the absence of the individual against whom the order is sought if

    • (a) the Commissioner or the authorized representative establishes to the satisfaction of the judge that the disclosure of any information set out in the application would

      • (i) compromise the identity of a confidential informant,

      • (ii) compromise the nature and extent of an ongoing investigation,

      • (iii) endanger an individual engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or

      • (iv) prejudice the interests of an innocent individual; or

    • (b) the judge is satisfied for any reason that the ends of justice would be subverted by the disclosure of the information set out in the application.

  • Marginal note:Sealing packet of documents

    (5) If an order made under subsection (1) is issued ex parte, all documents relating to the application shall, subject to any terms and conditions that the judge considers desirable in the circumstances, including any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (7).

  • Marginal note:Order prohibiting disclosure

    (6) If the order made under subsection (1) is issued ex parte, the judge shall make an order prohibiting a person or entity from disclosing, during the period set out in the order,

    • (a) the existence of the application;

    • (b) the existence of the order made under subsection (1); and

    • (c) the content of any testimony given or of any written return made under the order made under subsection (1).

  • Marginal note:Application for variance of order

    (7) An application to terminate an order made under subsection (6) or to vary any of its terms and conditions may be made to the judge who made the order or a judge of the same court.

  • Marginal note:Effect of order

    (8) An order made under this section has effect anywhere in Canada.

Marginal note:Witness competent and compellable

  • 510.02 (1) An individual who is the subject of an order under paragraph 510.01(1)(a) is competent and may be compelled to give evidence.

  • Marginal note:No individual excused from complying with order

    (2) No individual shall be excused from complying with an order that is made under subsection 510.01(1) on the ground that the testimony or written return required of the individual may tend to incriminate the individual or subject them to any proceeding or penalty.

  • Marginal note:Attendance of individual whose conduct is being investigated

    (3) An individual whose conduct is being investigated during an examination conducted under an order under paragraph 510.01(1)(a), and their counsel, may attend the examination unless the Commissioner or the authorized representative, or the individual being examined, establishes to the satisfaction of the presiding officer that the presence of the individual whose conduct is being investigated would be prejudicial to the effective conduct of the examination or the investigation.

  • Marginal note:Exception

    (4) Subsection (3) does not apply in respect of an examination conducted under an order that was issued ex parte.

  • Marginal note:Testimony, evidence and return not receivable

    (5) Subject to subsection (6), no testimony given by an individual under an order made under paragraph 510.01(1)(a), or written return made by an individual under an order made under paragraph 510.01(1)(b), and no evidence derived from the testimony or written return, shall be used or received against that individual in any civil or criminal proceedings instituted against them, other than a prosecution for an offence under section 482.1 of this Act or section 132 or 136 of the Criminal Code.

  • Marginal note:Part XV of the Criminal Code

    (6) Information contained in the testimony or written return referred to in subsection (5) and information derived from such information may be used in an application under Part XV of the Criminal Code.

  • Marginal note:Fees

    (7) An individual who is the subject of an order made under paragraph 510.01(1)(a) is entitled to the fees and allowances for so doing as if they were summoned to attend before a superior court of the province in which the individual is summoned to attend.

  • Marginal note:Representation by counsel

    (8) A presiding officer shall permit an individual who is being examined under an order made under paragraph 510.01(1)(a) to be represented by counsel.

Marginal note:Presiding officer

  • 510.03 (1) Any individual who is a barrister or advocate of at least ten years standing at the bar of a province, or who has been a barrister or advocate at the bar of a province for at least ten years, may be designated as a presiding officer.

  • Marginal note:Remuneration and expenses

    (2) A presiding officer is to be paid the remuneration fixed in the order designating them as such, and is entitled to be paid the travel and living expenses, incurred in the performance of their duties under this Act, in accordance with Treasury Board directives.

Marginal note:Administration of oaths

  • 510.04 (1) The presiding officer may administer oaths for the purpose of examinations conducted under an order made under paragraph 510.01(1)(a).

  • Marginal note:Orders of presiding officer

    (2) A presiding officer may make any order that they consider to be proper for the conduct of an examination under an order made under paragraph 510.01(1)(a).

  • Marginal note:Examination to be in private

    (3) The examination before the presiding officer shall be conducted in private.

  • Marginal note:Application to judge

    (4) A judge may, on application by a presiding officer, order any individual to comply with an order made by the presiding officer under subsection (2).

  • Marginal note:Notice

    (5) No order may be made under subsection (4) unless the presiding officer has given the individual in respect of whom the order is sought and the Commissioner 24 hours’ notice of the hearing of the application for the order, or any shorter notice that the judge to whom the application is made considers reasonable.

Marginal note:2014, c. 12, s. 108

  •  (1) Paragraph 510.1(2)(c) of the Act is replaced by the following:

    • (c) when a prosecution has been instituted under subsection 511(1), information that the Director of Public Prosecutions requires;

    • (c.1) when a review by the Chief Electoral Officer is requested under section 521.14, information that the Chief Elector Officer requires;

  • (2) Subsection 510.1(2) of the Act is amended by adding the following after paragraph (d):

    • (d.1) information that is required to be disclosed in the course of an application for judicial review in respect of a decision taken under this Act;

  • (3) Subsection 510.1(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (f):

    • (f.1) information that, in the Commissioner’s opinion, is necessary in order for a person or entity to provide an undertaking; and

 The Act is amended by adding the following after section 510.1:

Prosecutions

Marginal note:2006, c. 9, s. 130

 Section 511 of the Act is replaced by the following:

Marginal note:Commissioner may institute a prosecution

  • 511 (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may institute a prosecution or cause one to be instituted.

  • Marginal note:Information

    (2) A prosecution for an offence under this Act is instituted by the laying of an information in writing and under oath before a justice, as defined in section 2 of the Criminal Code.

Marginal note:2006, c. 9, s. 131(1)

 Subsection 512(1) of the Act is replaced by the following:

Marginal note:Director’s consent required

  • 512 (1) No prosecution for an offence under this Act may be instituted by a person, other than the Commissioner or a person acting under his or her direction, without the prior written consent of the Director of Public Prosecutions provided after consultation with the Commissioner.

Marginal note:2006, c. 9, s. 132

 Section 513 of the Act is repealed.

Marginal note:2006, c. 9, s. 133(1)

  •  (1) Subsections 517(1) and (2) of the Act are replaced by the following:

    Marginal note:Power to enter into compliance agreement

    • 517 (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person or entity has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with the person or entity (in this section and sections 518 to 521 called the “contracting party”).

    • Marginal note:Terms and conditions

      (2) A compliance agreement may contain any terms and conditions that the Commissioner considers necessary, including a requirement that the contracting party pay a specified amount.

  • (2) Paragraph 517(3)(a) of the English version of the Act is replaced by the following:

    • (a) advise the prospective contracting party of the right to be represented by counsel and give it an opportunity to obtain counsel; and

  • (3) Subsection 517(4) of the English version of the Act is replaced by the following:

    • Marginal note:Admission of responsibility

      (4) A compliance agreement may include a statement by the contracting party in which it admits responsibility for the act or omission that constitutes the offence.

  • Marginal note:2006, c. 9, s. 133(2)

    (4) Subsections 517(6) to (8) of the Act are replaced by the following:

    • Marginal note:Remittal of matter despite institution of prosecution

      (7) If a prosecution has been instituted, the Director of Public Prosecutions may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — suspend the prosecution and remit the matter back to the Commissioner so that it may be dealt with in that way.

    • Marginal note:Effect of compliance agreement

      (8) When a compliance agreement is entered into,

      • (a) no prosecution may be instituted against the contracting party for an act or omission that led to the agreement unless there is non-compliance with it; and

      • (b) any prosecution of the contracting party instituted before the agreement was entered into for an act or omission that led to the agreement is suspended unless there is non-compliance with the agreement.

  • Marginal note:2006, c. 9, s. 133(2)

    (5) Subsection 517(10) of the Act is replaced by the following:

    • Marginal note:Copy

      (10) The Commissioner shall provide the contracting party with a copy of the compliance agreement, without delay after it is entered into or renegotiated under subsection (9). The Commissioner shall also provide a copy of the compliance agreement to the Director of Public Prosecutions if a prosecution of the contracting party had been instituted before the agreement was entered into.

Marginal note:2006, c. 9, s. 134; 2014, c. 12, s. 110

 Sections 518 to 521 of the Act are replaced by the following:

Marginal note:If agreement complied with

  • 518 (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party. The Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution of the contracting party for an act or omission that led to the agreement had been instituted before the agreement was entered into.

  • Marginal note:Effect of service

    (2) Service of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the institution of any prosecution of the contracting party for the act or omission.

Marginal note:If agreement not complied with

  • 519 (1) If the Commissioner is of the opinion that a contracting party has not complied with a provision of a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing it that, as the case may be,

    • (a) a notice of violation may be served on the contracting party as a result of the failure to comply with the provision of the compliance agreement;

    • (b) a prosecution may be instituted against the contracting party in respect of any act or omission that led to the agreement; or

    • (c) if a prosecution in respect of any act or omission that led to the agreement was suspended by virtue of subsection 517(8), it may be resumed.

  • Marginal note:Copy to Director of Public Prosecutions

    (2) The Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution in respect of any act or omission that led to the agreement had been instituted before the agreement was entered into.

Marginal note:Dismissal of proceedings

520 The court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that the contracting party has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party’s performance with respect to the agreement, is of the opinion that the proceedings would be unfair.

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 of the compliance agreement, other than the signatures of the individuals who signed it.

 The Act is amended by adding the following after section 521.1:

Proceedings in Respect of a Violation

Notice of Violation

Marginal note:Issuance of notice of violation

  • 521.11 (1) If the Commissioner believes on reasonable grounds that a person or entity has committed a violation, the Commissioner may issue, and shall cause to be served on the person or entity, a notice of violation that

    • (a) sets out the person or entity’s name;

    • (b) identifies the provision of this Act that was contravened or the requirement, or the provision of the compliance agreement or undertaking, that was not complied with;

    • (c) identifies the act or omission to which the violation relates;

    • (d) sets out the amount of the administrative monetary penalty for the violation;

    • (e) sets out the particulars concerning the manner of payment;

    • (f) informs the person or entity of their right to request a review by the Chief Electoral Officer or the Commissioner, as the case may be, of the alleged violation or proposed penalty, and sets out the manner for doing so;

    • (g) informs the person or entity that if they provide an undertaking that is accepted by the Commissioner, the proceedings commenced by the notice will be ended; and

    • (h) informs the person or entity of the consequences of failing to pay the penalty, request a review or provide the Commissioner with an undertaking.

  • Marginal note:Approval of manner of requesting review

    (2) The manner for requesting a review by the Chief Electoral Officer that is set out in the notice of violation requires the Chief Electoral Officer’s prior approval.

  • Marginal note:Correction or cancellation of notice of violation

    (3) At any time before a request for a review in respect of the notice of violation is received by the Chief Electoral Officer or the Commissioner, as the case may be, the Commissioner may cancel the notice of violation or correct an error in it.

Marginal note:Limitation period or prescription

  • 521.12 (1) No notice of violation may be issued after the expiry of five years after the day on which the Commissioner becomes aware of the act or omission to which the alleged violation relates nor, in any case, later than 10 years after the day on which the act or omission occurred.

  • Marginal note:Certification by Commissioner

    (2) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the act or omission that constitutes the alleged violation, is admissible in evidence without proof of the signature or official character of the individual appearing to have signed it and, in the absence of evidence to the contrary, is proof that the Commissioner became aware of the act or omission on that day.

Undertakings

Marginal note:Provision of undertaking

  • 521.13 (1) If a person or entity has committed a violation, they may provide the Commissioner with an undertaking in writing that is aimed at ensuring compliance with this Act.

  • Marginal note:When undertaking may be provided

    (2) If a notice of violation has been served on a person or entity, an undertaking in relation to an act or omission to which the notice relates may be provided at any time before the person or entity is deemed to have committed the violation to which the notice relates.

  • Marginal note:Contents

    (3) The Commissioner may accept the undertaking only if the undertaking

    • (a) identifies, as the case may be,

      • (i) the provision of this Act that was contravened,

      • (ii) the requirement of the Chief Electoral Officer that was not complied with, or

      • (iii) if the undertaking relates to the failure to comply with a provision of a compliance agreement or another undertaking, the provision of the compliance agreement or other undertaking that was not complied with;

    • (b) identifies the act or omission to which the contravention or the failure to comply relates; and

    • (c) contains the terms and conditions that the Commissioner considers appropriate, including a requirement that the person or entity pay an amount that is specified in the undertaking in the time and manner set out in the undertaking.

  • Marginal note:Obligation of Commissioner

    (4) Before accepting the person’s or entity’s undertaking, the Commissioner shall inform them of the Commissioner’s obligation to publish a notice under subsection 521.34(2).

Review

Marginal note:Request for review

521.14 Instead of paying the amount of the administrative monetary penalty set out in the notice of violation, the person or entity named in the notice of violation may, within 30 days after the day on which the notice of violation is served — or within 30 days after the day on which they are served with a notice informing them that their undertaking has not been accepted — and in the manner specified in the notice of violation

  • (a) request a review by the Commissioner with respect to the alleged violation or the penalty, or both, if the amount of the penalty is

    • (i) $500 or less, in the case of a notice of violation that was issued to an individual, or

    • (ii) $1500 or less, in the case of a notice of violation that was issued to a corporation or an entity; or

  • (b) request a review by the Chief Electoral Officer with respect to the alleged violation or the penalty, or both, if the amount of the penalty is

    • (i) more than $500, in the case of a notice of violation that was issued to an individual, or

    • (ii) more than $1500, in the case of a notice of violation that was issued to a corporation or an entity.

Marginal note:Decision

  • 521.15 (1) If a review is requested under section 521.14, the Chief Electoral Officer or the Commissioner, as the case may be, shall do one or more of the following:

    • (a) determine, on a balance of probabilities, whether the person or entity committed the violation;

    • (b) confirm or reduce the amount of the administrative monetary penalty; or

    • (c) determine that there should be no administrative monetary penalty in respect of the violation.

  • Marginal note:Written evidence and submissions

    (2) The Chief Electoral Officer or the Commissioner, as the case may be, is to consider only written evidence and written submissions when making a decision under subsection (1).

  • Marginal note:Service of decision

    (3) The Chief Electoral Officer or the Commissioner, as the case may be, shall cause a copy of any decision made under subsection (1) to be served on the person or entity that requested the review. The Chief Electoral Officer shall also cause a copy of any decision he or she makes under subsection (1) to be given to the Commissioner.

  • Marginal note:Violation not committed — effect

    (4) If the Chief Electoral Officer or the Commissioner, as the case may be, determines under subsection (1) that the person or entity that requested the review did not commit the violation, the proceedings commenced in respect of it are ended.

  • Marginal note:Liability to pay

    (5) The person or entity that requested the review is liable to pay, within 30 days after the day on which they were served with the copy of the decision and in the manner specified in the notice of violation,

    • (a) the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision; or

    • (b) the reduced amount of the administrative monetary penalty set out in the decision.

Consequences

Marginal note:Payment of penalty — notice of violation

  • 521.16 (1) If, within 30 days after the day on which they were served with a notice of violation, the person or entity named in the notice pays, in the manner specified in the notice, the amount of the administrative monetary penalty set out in the notice,

    • (a) they are deemed to have committed the violation in respect of which the amount is paid;

    • (b) the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; and

    • (c) the proceedings commenced in respect of the violation are ended.

  • Marginal note:Payment of penalty — review decision

    (2) If, within 30 days after the day on which they were served with the copy of a decision under subsection 521.15(3), the person or entity pays, in the manner specified in the notice of violation to which the decision relates, the amount of the administrative monetary penalty for which they are liable under subsection 521.15(5),

    • (a) they are deemed to have committed the violation in respect of which the amount is paid;

    • (b) the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; and

    • (c) the proceedings commenced in respect of the violation are ended.

Marginal note:Undertaking accepted before service of notice of violation

  • 521.17 (1) If the Commissioner accepts the person’s or entity’s undertaking without a notice of violation having been served on them in connection with an act or omission referred to in the undertaking, no notice of violation may be served on them in connection with an act or omission referred to in the undertaking.

  • Marginal note:Undertaking accepted after service of notice of violation

    (2) If the Commissioner accepts the person or entity’s undertaking after a notice of violation has been served on them in connection with an act or omission referred to in the undertaking, the proceeding that was commenced by the notice of violation, including any review requested under section 521.14, is ended.

Marginal note:No action after notice of violation served

521.18 If the person or entity named in the notice of violation fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:

  • (a) pay the administrative monetary penalty set out in the notice in the manner specified in the notice;

  • (b) exercise their right to request a review in the manner specified in the notice; or

  • (c) provide the Commissioner with an undertaking.

Marginal note:No action taken after undertaking not accepted

521.19 If the person or entity named in the notice informing them that their undertaking has not been accepted fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:

  • (a) pay the administrative monetary penalty set out in the notice in the manner specified in the notice; or

  • (b) exercise their right to request a review in the manner specified in the notice.

Marginal note:Failure to pay after review decision

521.2 If the person or entity does not pay the amount referred to in paragraph 521.15(5)(a) or (b) in the manner specified in the notice of violation to which the decision relates within 30 days after the day on which they are served with the copy of the decision under subsection 521.15(3), they are deemed to have committed the violation identified in the notice of violation.

Miscellaneous

Marginal note:Service — Chief Electoral Officer

  • 521.21 (1) Service of a copy of a decision of the Chief Electoral Officer must be made in the manner set out on the Chief Electoral Officer’s Internet site.

  • Marginal note:Service — Commissioner

    (2) Service of the following documents must be made in the manner set out on the Commissioner’s Internet site:

    • (a) a notice of violation;

    • (b) a copy of the Commissioner’s decision under section 521.15; and

    • (c) a notice informing a person or entity that their undertaking has not been accepted by the Commissioner.

  • Marginal note:Day of service

    (3) The day of service of a document referred to in subsection (1) or (2) is

    • (a) if it is left with an individual, the day on which it is left with them;

    • (b) if it is sent by registered mail, the 10th day after the date indicated in the receipt issued by a post office;

    • (c) if it is sent by courier, the 10th day after the date indicated in the courier’s receipt issued to the sender; and

    • (d) if it is sent by electronic means, the day on which it is sent.

Marginal note:Request for review

  • 521.22 (1) A person or entity that is served with a notice of violation may make a request for a review referred to in the notice by delivering the request by hand or by sending it by registered mail, courier or electronic means to a person and place specified in the notice.

  • Marginal note:Day of request

    (2) If a person or entity makes the request, the day on which it is made is

    • (a) if it is delivered by hand, the day on which the request is delivered to the authorized recipient;

    • (b) if it is sent by registered mail or courier, the earlier of the day on which it is received by the authorized recipient and the day indicated in the receipt given to the sender by a post office or courier; and

    • (c) if it is sent by electronic means, the day on which it is sent.

Marginal note:Due diligence defence available

521.23 The Chief Electoral Officer and the Commissioner are not to determine that a person or entity has committed a violation if the person or entity establishes that they exercised due diligence to prevent its commission.

Marginal note:Common law principles

521.24 Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for any offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Deregistered parties

  • 521.25 (1) A political party that is deregistered during a pre-election period does not commit a violation arising from the contravention of any of subsections 349.1(1) to (3) or 349.2 if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 349.1(1) to (3), as the case may be.

  • Marginal note:Deregistered parties

    (2) A political party that is deregistered during an election period does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 350(1) to (4), as the case may be.

  • Marginal note:Eligible party

    (3) An eligible party that does not become a registered party during the election period of a general election does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in any of subsections 350(1) to (4), as the case may be.

Marginal note:Evidence

521.26 In any proceeding in respect of a violation, a notice of violation or a copy of the decision purporting to be served under this Part is admissible in evidence without proof of the signature or official character of the individual purporting to have signed it.

Marginal note:Violation by officers, etc.

521.27 If an entity commits a violation, any of the entity’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the entity that actually committed the violation is proceeded against under this Act.

Marginal note:Third parties — groups

521.28 If an entity that is a third party that is a group commits a violation, the person who is responsible for the group or its financial agent commits the violation if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the violation.

Marginal note:Employees or agents or mandataries

521.29 A person or entity is liable for a violation that is committed by an employee or agent or mandatary of the person or entity acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

Marginal note:Personal capacity

521.3 An administrative monetary penalty imposed on an individual under this Part is deemed to be imposed on them in their personal capacity regardless of the capacity in which they acted when they committed the violation.

Marginal note:Debts to Her Majesty

  • 521.31 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

    • (a) if a person or entity has entered into a compliance agreement with the Commissioner under the terms of which the person or entity is to pay an amount to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the agreement to pay that amount;

    • (b) if a person or entity that is served with a notice of violation does not exercise any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the amount of the administrative monetary penalty set out in the notice of violation that remains unpaid after the expiry of the time set out in the notice to pay the amount;

    • (c) if a person or entity that is served with a notice of violation exercises any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the following amount that remains unpaid after the expiry of 30 days after the day on which they were served with the copy of the Chief Electoral Officer’s or the Commissioner’s decision:

      • (i) the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision, or

      • (ii) the reduced amount of the administrative monetary penalty that is set out in the decision; and

    • (d) if a person or entity has provided an undertaking that is accepted by the Commissioner in which an amount is to be paid to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the undertaking to pay that amount.

  • Marginal note:Limitation period or prescription

    (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.

  • Marginal note:Debt final

    (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with.

Marginal note:Certificate of default

  • 521.32 (1) Any debt referred to in subsection 521.31(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Commissioner.

  • Marginal note:Judgment

    (2) A certificate made under subsection (1) that is registered in Federal Court has the same force and effect as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate and all proceedings may be taken in respect of the certificate.

Marginal note:Remittance to Receiver General

521.33 The amount of an administrative monetary penalty shall be paid to the Commissioner, who shall forward that amount to the Receiver General.

Marginal note:Publication — notice of violation

  • 521.34 (1) The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that is deemed to have committed a violation, identifies the act or omission or the failure to comply to which the violation relates and sets out the amount of the administrative monetary penalty.

  • Marginal note:Publication — accepted undertaking

    (2) The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that provided an undertaking accepted by the Commissioner, along with the text of the undertaking other than the signature of the individuals who signed it.

 Section 535 of the Act is replaced by the following:

Marginal note:Report on proposed legislative amendments

535 The Chief Electoral Officer shall, as soon as possible after a general election, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of this Act, and that also sets out, separately, any amendments that are set out in the Commissioner’s report under section 537.2.

 The Act is amended by adding the following after section 537:

Report of Commissioner

Marginal note:Annual report

537.1 The Commissioner shall, as soon as possible after the end of each year, publish, in the manner and form that he or she considers appropriate, a report on the activities of his or her office during that year. The Commissioner shall not include the details of any investigation.

Marginal note:Report on proposed legislative amendments

537.2 The Commissioner shall, as soon as possible after a general election, make a report to the Chief Electoral Officer that sets out any amendments that, in the Commissioner’s opinion, are desirable for better compliance with, and the better enforcement of, this Act.

 Subsection 538(5) of the English version of the Act is replaced by the following:

  • Marginal note:Institutions

    (5) A returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of two or more institutions where seniors or persons with a disability reside.

 Subsection 539(2) of the Act is replaced by the following:

  • Marginal note:Time

    (2) No amendment to the list of electoral districts set out in Schedule 3 may be made later than seven days after the day on which a representation order comes into force and no such amendment becomes effective until notice of it has been published in the Canada Gazette.

 The Act is amended by adding the following before section 540:

Marginal note:Reference

539.1 In section 540, a reference to the Register of Electors includes a reference to the Register of Future Electors.

Marginal note:2014, c. 12, s. 118

 Subsection 541(1) of the Act is replaced by the following:

Marginal note:Inspection of instructions and other reports

  • 541 (1) All documents referred to in section 359, 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 and all decisions by him or her on points arising under this Act are public records and may be inspected by any person on request during business hours.

 The Act is amended by adding the following after section 541:

Marginal note:Statements of electors who exercise their right to vote

541.1 The Chief Electoral Officer shall, within 180 days after the return of the writ, make available in electronic form, or in formats that include electronic form, to each candidate and to each registered party that endorsed a candidate in an electoral district a statement, prepared using documents prepared under paragraph 162(i.1), of electors who exercised their right to vote in the electoral district on polling day who can be identified using those documents.

 Section 549 of the Act and the heading before it are replaced by the following:

Solemn Declarations and Affidavits

Marginal note:Administration of solemn declarations and affidavits

  • 549 (1) Solemn declarations and affidavits referred to in this Act are to be received by the person who by this Act is expressly required to receive them and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, an election officer, a unit election officer as defined in section 177, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking oaths in the province.

  • Marginal note:No fees for solemn declaration or affidavit

    (2) All solemn declarations and affidavits received under this Act are to be received free of charge.

  • Marginal note:Making false declaration in solemn declaration or affidavit

    (3) No person shall make a false declaration in a solemn declaration or affidavit that is provided for by this Act.

  • Marginal note:Compelling or inducing false declaration

    (4) No person shall compel, induce or attempt to compel or induce any other person to make a false declaration in a solemn declaration or affidavit that is provided for by this Act.

Marginal note:Solemn declaration — voting

  • 549.1 (1) For the purposes of subsections 143(3) and (3.2), sections 144 and 147 and paragraphs 161(1)(b) and 169(2)(b), the solemn declaration by which an elector proves his or her identity and residence, proves his or her residence only, proves that he or she is qualified as an elector or proves that he or she has not previously voted at the election shall be in the prescribed form, which shall include the statements that

    • (a) the elector resides at the address at which he or she claims to reside;

    • (b) the elector is 18 years of age or older or will be 18 years of age or older on polling day;

    • (c) the elector is a Canadian citizen; and

    • (d) the elector has not previously voted in the election and is not an elector to whom section 235 applies.

  • Marginal note:Solemn declaration — vouching for another elector

    (2) For the purposes of paragraph 143(3)(b) and subparagraphs 161(1)(b)(ii) and 169(2)(b)(ii), the solemn declaration by which an elector vouches for another elector shall be in the prescribed form, which shall include the statements that

    • (a) the other elector resides in a polling division assigned to the polling station;

    • (b) to the best of the elector’s knowledge, the other elector has not previously voted at the election;

    • (c) the elector knows the other elector;

    • (d) the elector is a Canadian citizen when the other elector votes;

    • (e) except in a case referred to in subsection 143(3.01), 161(2) or 169(2.01), the elector has not previously vouched for any other elector at the election; and

    • (f) the elector has not been vouched for by another elector at the election.

 Paragraph 553(b) of the Act is replaced by the following:

  • (b) the remuneration paid to a person engaged or employed under section 20, any remuneration paid to staff referred to in section 19 for overtime work to enable the Chief Electoral Officer to exercise his or her powers and perform his or her duties and functions under this Act and any administration expenses that are incurred for that purpose;

 The Act is amended by adding the following after section 554:

Judicial Review

Marginal note:When respondent is Chief Electoral Officer

  • 555 (1) If an application is made for judicial review of a decision of the Chief Electoral Officer, or of any person to whom the Chief Electoral Officer has delegated any of his or her powers, duties and functions, the Chief Electoral Officer is the respondent in respect of the application.

  • Marginal note:When respondent is Commissioner

    (2) If an application is made for judicial review of a decision of the Commissioner, the Commissioner is the respondent in respect of the application.

 Schedule 1 to the Act is replaced by the Schedule 1 set out in the schedule to this Act.

Marginal note:2000, c. 9, Sch. 3; 2002, c. 7, s. 95; Canada Gazette Part I, Extra Volume 138, No. 5; Canada Gazette Part I, Extra Volume 149, No. 2

 Schedule 3 to the Act is amended by replacing “Western Arctic”, under the heading “Northwest Territories”, with “Northwest Territories”.

Marginal note:2014, c. 12, s. 126

  •  (1) Paragraph 18(d) of Schedule 4 to the Act is replaced by the following:

    • (d) the judge shall, in the Recount Ballot Box Report, indicate in writing the determination with respect to each disputed ballot and complete the judge’s disposition portion of the report;

  • Marginal note:2014, c. 12, s. 126

    (2) Paragraph 18(g) of Schedule 4 to the Act is replaced by the following:

    • (g) the judge shall sign the Recount Ballot Box Report, which shall be given, with the judge’s disposition noted on it, to the person responsible for the preparation of the Master Recount Report along with the original statement of the vote.

R.S., c. P-1Parliament of Canada Act

Marginal note:1996, c. 35, s. 87.1

 Section 31 of the Parliament of Canada Act is amended by adding the following after subsection (1):

  • Marginal note:Exception

    (1.1) Despite subsection (1), no writ for the election of a member of the House shall be issued if the vacancy occurs in the House of Commons less than nine months before the date fixed under subsection 56.1(2) of the Canada Elections Act for the holding of a general election.

2003, c. 22, ss. 12 and 13Public Service Employment Act

Marginal note:2007, c. 21, s. 40

 Section 50.1 of the Public Service Employment Act is replaced by the following:

Marginal note:Exception — Office of the Chief Electoral Officer

50.1 Despite subsection 50(2), the maximum period of employment of casual workers appointed in the Office of the Chief Electoral Officer — including the portions of the federal public administration in that Office in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions — for the purposes of an election held under that Act or a referendum held under the Referendum Act is 165 working days in one calendar year.

Transitional Provisions

Marginal note:Words and expressions — Canadian Forces electors

  •  (1) Words and expressions used in sections 381 and 382 have the same meaning as in section 177 of the Canada Elections Act, as it read immediately before the day on which section 134 of this Act comes into force.

  • Marginal note:Words and expressions — electors resident outside Canada

    (2) Words and expressions used in section 383 have the same meaning as in section 177 of the Canada Elections Act, as it read immediately before the day on which section 153 of this Act comes into force.

  • Marginal note:Words and expressions — other cases

    (3) Words and expressions used in sections 384 to 389 have the same meaning as in subsection 2(1) of the Canada Elections Act, as it read immediately before the day on which the section in question comes into force.

Marginal note:Deemed place of ordinary residence

  •  (1) For the purpose of subsection 8(1) of the Canada Elections Act, on the day on which section 134 of this Act comes into force, the place of ordinary residence of a person referred to in paragraph 191(a), (c) or (d) of the Canada Elections Act, as it read immediately before that day, who has made a statement of ordinary residence that has been validated before that day in accordance with paragraph 196(2)(a) of that Act, as it read immediately before that day, is deemed to be the place of ordinary residence identified by that person in their statement of ordinary residence.

  • Marginal note:Retention of validated statement

    (2) The commanding officer of the unit in which the person is serving shall retain the validated statement of ordinary residence referred to in subsection (1) for a period of two years after the day on which section 134 of this Act comes into force.

  • Marginal note:Statements to be destroyed

    (3) Subject to subsection (2), the commanding officer may destroy any original or copy of a statement of ordinary residence that was filed with the unit.

Marginal note:Right to register — Register of Electors

  •  (1) Each commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is entitled to vote in accordance with section 191 of the Canada Elections Act of the right to ask the Chief Electoral Officer to include the person in the Register of Electors, as defined in subsection 2(1) of that Act, or, if already included in it, to ask for their registration to be updated.

  • Marginal note:Right to register — Register of Future Electors

    (2) Each commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is qualified as a future elector, as defined in subsection 2(1) of the Canada Elections Act, of the right to ask the Chief Electoral Officer to include the person in the Register of Future Electors, as defined in that subsection.

Marginal note:Electors resident outside Canada

 If, before the day on which section 153 comes into force, an application for registration and special ballot is made under Division 3 of Part 11 of the Canada Elections Act but no decision has been made in respect of it, it is deemed to have been made under that Division as it reads on that day.

Marginal note:Coming into force during election period

  •  (1) If section 1 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 1 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 immediately before the day on which the writ is issued for that election.

  • Marginal note:Bill C-50

    (3) Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 1 comes into force but both the other Act and that section come into force during the same election period, then the Canada Elections Act, as it read immediately before the day on which the other Act 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:Registered parties — financial reporting

 For the fiscal period of a registered party during which section 268 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

 For the fiscal period of a registered association during which section 272 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

  •  (1) If section 282 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 282 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 immediately before the date on which the nomination contest began.

  • Marginal note:Bill C-50

    (3) Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 282 comes into force but both the other Act and that section come into force during the same nomination contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that nomination contest and all related obligations, including obligations to report.

Marginal note:Coming into force during leadership contest

  •  (1) If section 313 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 313 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 immediately before the day on which the leadership contest began.

  • Marginal note:Bill C-50

    (3) Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 313 comes into force but both the other Act and that section come into force during the same leadership contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that leadership contest and all related obligations, including obligations to report.

Marginal note:Commissioner of Canada Elections — continuation of term

 The person who holds the office of Commissioner of Canada Elections immediately before the day on which section 351 comes into force continues in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act, as enacted by that section 351. However, his or her term of office begins on the day on which he or she was actually appointed.

Marginal note:Definition of former portion

  •  (1) For the purposes of this section, former portion means the portion of the federal public administration in the Office of the Director of Public Prosecutions in which, immediately before the day on which this section comes into force, the employees referred to in section 509.3 of the Canada Elections Act occupied their positions.

  • 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 portion 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 Chief Electoral Officer 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 Director of Public Prosecutions is a party relating to the former portion that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Chief Electoral Officer in the same manner and to the same extent as it could have been continued by or against the Director of Public Prosecutions.

  • 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 portion, except that the employee shall, beginning on that day, occupy their position in the Office of the Chief Electoral Officer.

Consequential Amendments

R.S., c. A-1Access to Information Act

Marginal note:2014, c. 12, s. 146

 Section 16.31 of the Access to Information Act is repealed.

R.S., c. E-3Electoral Boundaries Readjustment Act

 The definition Chief Electoral Officer in subsection 2(1) of the Electoral Boundaries Readjustment Act is replaced by the following:

Chief Electoral Officer

Chief Electoral Officer means the Chief Electoral Officer under the Canada Elections Act; (directeur général des élections)

R.S., c. F-11Financial Administration Act

Marginal note:2003, c. 22, s. 11

 Schedule IV to the Financial Administration Act is amended by striking out the following:

  • The portion of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions

    Le secteur de l’administration publique fédérale faisant partie du Bureau du directeur des poursuites pénales dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste

 Schedule IV to the Act is amended by adding the following in alphabetical order:

  • The portion of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions

    Le secteur de l’administration publique fédérale faisant partie du bureau du directeur général des élections dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste

2006, c. 9, s. 121Director of Public Prosecutions Act

Marginal note:2014, c. 12, s. 150

  •  (1) Subsection 3(2) of the Director of Public Prosecutions Act is replaced by the following:

    • Marginal note:Rank and status

      (2) The Director has the rank and status of a deputy head of a department.

  • (2) Subsection 3(8) of the Act is replaced by the following:

    • Marginal note:Duties — election-related matters

      (8) The Director conducts prosecutions on behalf of the Crown with respect to any offences under the Canada Elections Act, as well as any appeal or other proceeding related to such a prosecution.

Marginal note:2014, c. 12, s. 151

 Subsection 6(4) of the Act is replaced by the following:

  • Marginal note:Other powers, duties and functions

    (4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament.

Marginal note:2014, c. 12, s. 152

 Subsections 16(1) and (1.1) of the Act are replaced by the following:

Marginal note:Annual report

  • 16 (1) The Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director — except in relation to matters referred to in subsection 3(8) — in the immediately preceding fiscal year.

SOR/78-148Special Voting Rules

Marginal note:Repeal

 The Special Voting Rules are repealed.

Coordinating Amendments

Marginal note:C-50

  •  (1) Subsections (2) to (4) apply if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this section referred to as the “other Act”) receives royal assent.

  • (2) If section 1 of this Act comes into force before the other Act, then sections 1, 3 to 8, 10, 13 and 14 of the other Act are repealed.

  • (3) If the other Act comes into force before section 1 of this Act, then

    • (a) subsections 2(1) and 280(1), section 281 and subsections 342(1) and (4) of this Act are repealed;

    • (b) subsection 282(1) of this Act is replaced by the following:

      Marginal note:2014, c. 12, s. 86

      • 282 (1) Paragraph 476.75(2)(a.1) of the Act is replaced by the following:

        • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

        • (a.2) a statement of travel and living expenses;

        • (a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

        • (a.4) a statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);

    • (c) subsection 313(1) of this Act is replaced by the following:

      Marginal note:2014, c. 12, s. 86

      • 313 (1) Paragraph 478.8(2)(a.1) of the Act is replaced by the following:

        • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;

        • (a.2) a statement of travel and living expenses;

        • (a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;

        • (a.4) a statement of leadership campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);

    • (d) sections 476.01, 476.02, 478.01 and 478.02 of the Canada Elections Act are repealed.

  • (4) If the other Act comes into force on the same day as section 1 of this Act, then that section 1 is deemed to have come into force before the other Act and subsection (2) applies as a consequence.

Marginal note:C-58

  •  (1) Subsections (2) and (3) apply if Bill C-58, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”) receives royal assent.

  • (2) If section 391 of this Act comes into force before paragraph 41(k) of the other Act, then

    • (a) that paragraph 41(k) is deemed never to have come into force and is repealed; and

    • (b) section 16.3 of the English version of the Access to Information Act is amended by replacing “this Act” with “this Part”.

  • (3) If paragraph 41(k) of the other Act comes into force on the same day as section 391 of this Act, then that paragraph 41(k) is deemed to have come into force before that section 391.

Coming into Force

Marginal note:Six months after royal assent

 This Act, other than sections 351, 389, 399 and 400, comes into force on the day that, in the sixth month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent — or, if that sixth month has no day with that number, the last day of that sixth month — unless, before then, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations for the bringing into operation of this Act, or of a specified provision of this Act, have been made and that this Act or the specified provision may come into force accordingly, in which case this Act or the provision, as the case may be, comes into force on the day on which the notice is published.

SCHEDULE(Section 375)

SCHEDULE 1

Form 1(Section 58)Writ of Election

blank line

Deputy of the Governor General

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

To blank line

of blank line

GREETING:

WHEREAS, by and with the advice of OUR PRIME MINISTER OF CANADA, We have ordered a PARLIAMENT TO BE HELD AT OTTAWA, on the blank line day of blank line next. (Omit the foregoing preamble in case of a by-election.)

WE COMMAND YOU that, notice of the time and place of election being duly given,

YOU DO CAUSE election to be made according to law of a member to serve in the House of Commons of Canada for the said electoral district in the Province aforesaid (in case of a by-election: in the place of blank line);

AND YOU DO CAUSE the closing day for the nomination of candidates to be blank line;

And if a poll becomes necessary, that the poll be held on blank line;

AND YOU DO CAUSE the name of that member when so elected, whether present or absent, to be certified to Our Chief Electoral Officer, as by law directed (in case of a by-election, omit the following) as soon as possible and not later than the blank line day of blank line (year).

Witness:blank line, Deputy of Our Right Trusty and Well-beloved blank line, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, GOVERNOR GENERAL AND COMMANDER-IN-CHIEF OF CANADA.

At Our City of blank line , on blank line and in the blank line year of Our Reign.

BY COMMAND,

Chief Electoral Officer

Form 2(Section 62)

Notice of Election form

Form 3(Subsections 116(1) and 138(1))Form of Ballot Paper

Front

Front view of form of ballot paper with sample names and white circles next to each name all on a black background

Form 3 – ConcludedForm of Ballot Paper

Back

Back view of form of ballot paper

Form 4(Section 186)Form of Special Ballot Paper

Form of special ballot paper
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