Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
42 (1) The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Deletion of names
52 (1) The Chief Electoral Officer shall delete from the Register of Electors or Register of Future Electors the name of any person who
(2) Paragraph 52(1)(b) of the Act is replaced by the following:
(b) is not an elector or future elector, as the case may be, subject to subsection 44(4);
Marginal note:2014, c. 12, s. 23(1)
(3) Paragraph 52(1)(d) of the Act is replaced by the following:
(d) is, by reason of mental incapacity, under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted; or
(e) is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.
(4) Subsection 52(2) of the Act is replaced by the following:
Marginal note:Deletion of name — discretionary
(2) The Chief Electoral Officer may delete from the Register of Electors or Register of Future Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.
43 Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:
Marginal note:Restriction — Register of Future Electors
(2) If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes of
44 Section 54 of the Act is replaced by the following:
Marginal note:Access to personal information
54 At the written request of an elector or future elector, the Chief Electoral Officer shall send him or her all the information in the Chief Electoral Officer’s possession relating to him or her.
Marginal note:2007, c. 21, s. 9
45 Subsection 55(1) of the Act is replaced by the following:
Marginal note:Provincial bodies
55 (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list.
Marginal note:Exception
(1.1) Despite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.
Marginal note:2007, c. 21, s. 10(1)
46 (1) Paragraphs 56(a) to (d) of the Act are replaced by the following:
(a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or as a future elector or relating to any other information referred to in section 49;
(b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector or as a future elector, to that other person’s surname, given names, gender, civic address or mailing address, or to the identifier assigned to that other person by the Chief Electoral Officer, for the purpose of having that other person’s name deleted from the Register of Electors or Register of Future Electors, as the case may be;
(c) request the listing in the Register of Electors or Register of Future Electors of the name of a person who is not qualified as an elector or as a future elector, as the case may be, knowing that the person is not so qualified;
(d) knowingly apply to have included in the Register of Electors or Register of Future Electors the name of an animal or thing;
Marginal note:2007, c. 21, s. 10(2)
(2) Subaragraph 56(e)(ii) of the Act is replaced by the following:
(ii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or
(3) Section 56 of the Act is amended by striking out “or” at the end of subparagraph (e)(iii) and by adding the following after paragraph (e):
(e.1) knowingly use personal information that is obtained from the Register of Future Electors except as follows:
(i) for the purposes of updating the Register of Electors,
(ii) for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1),
(iii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or
(iv) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or
Marginal note:2001, c. 21, s. 5
47 Paragraph 57(1.2)(c) of the Act is replaced by the following:
(c) fix the date for voting at the election, which date must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.
48 Subsections 59(2) and (3) of the Act are replaced by the following:
Marginal note:Duties of Chief Electoral Officer
(2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and, on being ordered by the Governor in Council to do so, shall, within three months after the date of publication of the notice, issue a new writ ordering an election to be held.
Marginal note:Polling day
(3) The day named in the new writ for polling day is determined by the Governor in Council, but may be no later than the 50th day after the day on which the new writ was issued.
Marginal note:Postponement of election and new polling day
(4) If the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.
Marginal note:Postponement of election — rules
(5) If the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:
(a) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.2)(c) and not the day fixed under subsection (4);
(b) if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, then
(i) anything done as authorized or required on or before the day on which the postponement order is made is valid, and
(ii) in respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;
(c) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, then
(d) if a period is extended under subparagraph (b)(ii) or a day is postponed under subparagraph (c)(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; and
(e) for the purposes of this subsection, if the original polling day fixed under paragraph 57(1.2)(c) is a Tuesday because of section 56.2 or subsection 57(4), it is deemed to be a Monday.
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