Elections Modernization Act (S.C. 2018, c. 31)
Full Document:
- HTMLFull Document: Elections Modernization Act (Accessibility Buttons available) |
- PDFFull Document: Elections Modernization Act [2634 KB]
Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
209 The heading before section 326 of the English version of the Act is replaced by the following:
Election Surveys
210 (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(4) Subsection 326(4) of the Act is repealed.
211 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.
212 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
213 Section 331 of the Act and the heading before it are repealed.
Marginal note:2014, c. 12, s. 76
214 (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
215 (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
216 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
217 The heading of Division 2 of Part 16.1 of the Act is replaced by the following:
Scripts, Recordings and Lists of Telephone Numbers
218 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.
219 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
220 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,
221 The heading of Part 17 of the Act is replaced by the following:
Third Party Advertising, Partisan Activities and Election Surveys
Interpretation
222 (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
(a.1) in Division 1, a person or a group other than
(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
- election survey expense
election survey expense means an expense incurred in respect of the conducting of an election survey
- 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)
- Date modified: