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)
324 Section 483 of the Act and the heading before it are repealed.
325 (1) Subsection 484(1) of the French version of the Act is replaced by the following:
Marginal note:Responsabilité stricte — déclaration sommaire
484 (1) Commet une infraction l’ancien fonctionnaire électoral qui contrevient à l’alinéa 43c) (défaut de remettre des documents électoraux et du matériel électoral).
(2) Subsection 484(2) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.1) being an election officer, knowingly contravenes section 39 (failure to exercise or perform the powers or duties assigned by a returning officer in accordance with the Chief Electoral Officer’s instructions); or
(3) Paragraph 484(3)(b) of the Act is replaced by the following:
(b) knowingly contravenes subsection 23(2) (communication of information or use of personal information for unauthorized purpose);
(4) Paragraph 484(3)(e) of the Act is replaced by the following:
(e) contravenes paragraph 43(a) (obstruction of election officer) or knowingly contravenes paragraph 43(b) (impersonation of election officer); or
(5) Paragraph 484(3)(f) of the French version of the Act is replaced by the following:
f) l’ancien fonctionnaire électoral qui contrevient sciemment à l’alinéa 43c) (défaut de remettre des documents électoraux et du matériel électoral).
326 Section 485 of the Act and the heading before it are replaced by the following:
Offences under Part 4 (Register of Electors and Register of Future Electors)
Marginal note:Offences requiring intent — summary conviction
485 (1) Every person who contravenes paragraph 56(e) or (e.1) (unauthorized use of personal information recorded in Register of Electors or Register of Future Electors) is guilty of an offence.
Marginal note:Offences requiring intent — dual procedure
(2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors or Register of Future Electors) is guilty of an offence.
Marginal note:2006, c. 9, s. 56(2)(F)
327 (1) Paragraphs 486(3)(c) and (d) of the Act are replaced by the following:
(2) Section 486 of the Act is amended by adding the following after subsection (3):
Marginal note:2007, c. 21, s. 38(1); 2014, c. 12, s. 93(1) and (2)
328 (1) Paragraphs 489(2)(a) to (b) of the Act are repealed.
Marginal note:2014, c. 12, s. 93(3)
(2) Paragraphs 489(2)(d) and (e) of the Act are repealed.
(3) Subsection 489(3) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).
(4) Paragraphs 489(3)(c) to (g) of the Act are repealed.
Marginal note:2014, c. 12, s. 94
329 Paragraphs 490(a.1) to (c) of the Act are replaced by the following:
(a.1) being an election officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);
(b) being an election officer, knowingly contravenes subsection 174(2) (failure to record vote);
(c) being an election officer, contravenes any of subsections 175(1) to (3) and (5) (failure to take required measures with respect to advance polling) or subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or
(d) being a returning officer, contravenes subsection 176(2) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.
Marginal note:2014, c. 12, s. 94.1
(2) Paragraphs 491(3)(a) to (e) of the Act are replaced by the following:
(a) being a unit election officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1) or, being an election officer, contravenes section 257 or subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;
(b) being an election officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or
(c) being an election officer, contravenes any of subsection 276(1), section 277, subsections 278(1) and (3) and section 279 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.
331 The Act is amended by adding the following after section 491:
Offences under Part 11.1 (Prohibitions in relation to Voting)
Marginal note:Offences requiring intent — summary conviction
491.1 Every person is guilty of an offence who
(a) contravenes subsection 281.6(2) (attempting to obtain information about elector’s vote);
(b) knowingly contravenes any of paragraphs 281.6(3)(a) to (c) (secrecy at the poll);
(c) knowingly contravenes subsection 281.6(4) (secrecy — marked ballot);
(d) knowingly contravenes paragraph 281.7(1)(c) (ballots);
(e) knowingly contravenes paragraph 281.8(1)(a) (photograph or video of marked ballot);
(f) knowingly contravenes paragraph 281.8(1)(b) (copy of marked ballot);
(g) knowingly contravenes paragraph 281.8(1)(c) (distribution of photograph, video or copy of marked ballot);
(h) knowingly contravenes paragraph 281.9(a) or (b) (false statement);
(i) contravenes subsection 282(1) (person who assists elector — limit);
(j) contravenes subsection 282.1(1) (vouching for more than one person);
(k) knowingly contravenes any of paragraphs 282.1(2)(a) to (c) (vouching for person contrary to that paragraph);
(l) contravenes subsection 282.1(3) (vouchee acting as voucher); or
(m) knowingly contravenes section 282.5 (interfering with marking of ballot).
Marginal note:Offences requiring intent — dual procedure
491.2 (1) Every person is guilty of an offence who
(a) being the Chief Electoral Officer, knowingly contravenes section 281.1 (voting by Chief Electoral Officer);
(b) contravenes section 281.2 (inducing or attempting to induce Chief Electoral Officer to vote);
(c) contravenes paragraph 281.3(a) (voting when not qualified);
(d) contravenes paragraph 281.3(b) (inducing or attempting to induce a person not qualified to vote, to vote);
(e) contravenes paragraph 281.4(a) (voting when not ordinarily resident in electoral district);
(f) contravenes paragraph 281.4(b) (inducing or attempting to induce a person who is not ordinarily resident in electoral district to vote);
(g) knowingly contravenes subsection 281.5(1) or (2) (voting more than once);
(h) knowingly contravenes subsection 281.6(1) (failure to maintain secrecy);
(i) contravenes subsection 281.6(5) (secrecy — counting of the votes);
(j) knowingly contravenes any of paragraphs 281.7(1)(a), (b) and (d) to (i) (ballots);
(k) being an election officer, contravenes paragraph 281.7(2)(a) or (b) (ballots — election officer);
(l) being a unit election officer, contravenes subsection 281.7(3) (special ballots — unit election officer);
(m) contravenes subsection 282(2) (person who assists elector — secrecy);
(n) knowingly contravenes section 282.2 (influencing electors);
(o) being an election officer, unit election officer or member of the staff of a returning officer, knowingly contravenes section 282.3 (influencing electors);
(p) contravenes subsection 282.4(1) (undue influence by foreigners);
(q) knowingly contravenes subsection 282.4(4) (collusion);
(r) knowingly contravenes subsection 282.4(5) (selling advertising space);
(s) knowingly contravenes section 282.6 (preventing elector from voting);
(t) knowingly contravenes subsection 282.7(1) (offering bribe);
(u) knowingly contravenes subsection 282.7(2) (accepting bribe); or
(v) knowingly contravenes paragraph 282.8(a) or (b) (intimidation, etc.).
Marginal note:Offence requiring intent — dual procedure
(2) Every entity is guilty of an offence that
- Date modified: