Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
Marginal note:2014, c. 12, s. 64
198 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
199 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.
200 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.
201 (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
202 (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
203 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:
204 (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.
205 (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
206 (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)
207 Section 321 of the Act is repealed.
208 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.
208.1 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:
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
(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).
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