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

Marginal note:2014, c. 12, s. 86

291 Section 477.48 of the Act and the heading before it are repealed.

Marginal note:2014, c. 12, s. 86

292 Subsection 477.49(2) of the Act is replaced by the following:

293 The Act is amended by adding the following after section 477.55:

Marginal note:2014, c. 12, s. 86

• 294 (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

• 295 (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.

296 The Act is amended by adding the following after section 477.71:

Marginal note:2014, c. 12, s. 86

• 297 (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.