Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
49 Subsection 60(1) of the Act is replaced by the following:
Marginal note:Returning officer to open and maintain office
60 (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period.
50 Paragraph 61(2)(b) of the Act is replaced by the following:
(b) make a solemn declaration in the prescribed form; and
51 Subsection 64(3) of the Act is replaced by the following:
Marginal note:Notice to election officers
(3) The returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.
52 (1) Paragraph 65(a) of the French version of the Act is replaced by the following:
a) les personnes qui n’ont pas qualité d’électeur le jour où leur acte de candidature est déposé;
(2) Paragraphs 65(d) and (e) of the Act are replaced by the following:
(e) the Chief Electoral Officer;
53 (1) The portion of paragraph 66(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) a solemn declaration, in the prescribed form, made by the prospective candidate of
(2) Paragraph 66(1)(a) of the Act is amended by adding the following after subparagraph (i):
(i.1) any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),
Marginal note:2014, c. 12, s. 26(1)
(3) Subparagraph 66(1)(a)(iv) of the Act is replaced by the following:
(iv) the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2);
Marginal note:2001, c. 21, s. 7
(4) Subparagraph 66(1)(a)(v) of the French version of the Act is replaced by the following:
(v) le nom du parti politique qui la soutient ou, faute de soutien, son intention d’être désignée par la mention « indépendant(e) » ou de n’avoir aucune désignation d’appartenance politique dans les documents électoraux;
(5) Paragraph 66(1)(a) of the Act is amended by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):
(vi) if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;
(6) Paragraphs 66(1)(b) and (c) of the Act are replaced by the following:
(b) a statement signed by the prospective candidate consenting to the nomination;
(7) Subsection 66(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).
Marginal note:2014, c. 12, ss. 26(2)(F) and (3)
(8) Subsections 66(2) to (4) of the Act are replaced by the following:
Marginal note:Particulars of candidates — name
(2) For the purpose of subparagraphs (1)(a)(i) and (i.1), the name shall not include any title, degree or other prefix or suffix.
Marginal note:Particulars of candidates — occupation
(3) For the purpose of subparagraph (1)(a)(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.
Marginal note:Witness ensures signatures are local electors’
(4) A witness to a signature referred to in paragraph (1)(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.
Marginal note:2015, c. 37, ss. 2(2) and 6(2)
54 Section 67 of the Act is replaced by the following:
Marginal note:Filing of nomination paper
67 (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.
Marginal note:Proof of identity — prospective candidate
(2) A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:
(a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or
(b) two pieces of identification of a type authorized under subsection (3), each of which establishes that name.
Marginal note:Authorized types of identification
(3) The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.
Marginal note:Name prospective candidate commonly known by — documents
(4) If a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.
Marginal note:Authorized types of documents
(5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).
Marginal note:Auditor’s consent
(6) If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.
Marginal note:Authorized person
(7) A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).
Marginal note:Proof of identity — authorized person
(8) A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:
(a) a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or
(b) a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.
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