Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
252 Subsection 382(3) of the Act is amended by adding the following after paragraph (a):
Marginal note:2014, c. 12, s. 86; 2015, c. 37, s. 3
253 Section 383 of the Act is repealed.
254 (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
(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.
255 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
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.
256 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
257 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).
258 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
259 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.
260 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).
261 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.
262 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:
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.
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