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. 86
263 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
264 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
265 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
266 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
267 The heading before section 437 of the Act is replaced by the following:
Reporting on Expenses
Marginal note:2014, c. 12, s. 86
268 (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
269 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
270 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
271 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
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
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.
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