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

Full Document:  

Assented to 2018-12-13

2000, c. 9Canada Elections Act (continued)

 Section 68 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Names of endorsed candidates

    (3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with

    • (a) the name of every prospective candidate who has been endorsed by the party;

    • (b) the electoral district in which the prospective candidate intends to be a candidate; and

    • (c) the name of the person or persons who endorsed the prospective candidate on the party’s behalf.

  • Marginal note:Information to returning officers

    (4) As soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).

  •  (1) Subsection 70(2) of the French version of the Act is replaced by the following:

    • Marginal note:Clôture des candidatures

      (2) Un acte de candidature ne peut être reçu de quiconque entre au bureau du directeur du scrutin après 14 h le jour de clôture.

  • (2) Subsection 70(3) of the Act is replaced by the following:

    • Marginal note:Designated filing place

      (3) The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:

      • (a) the nomination paper;

      • (b) the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b);

      • (c) the documents referred to in subsection 67(4);

      • (d) the statement referred to in subsection 67(6); and

      • (e) the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b).

  •  (1) Paragraph 71(2)(a) of the Act is replaced by the following:

    • (a) that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;

    • (a.1) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be;

  • (2) Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (c) that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate.

 The Act is amended by adding the following after section 71:

Marginal note:Name prospective candidate commonly known by — determination

  • 71.1 (1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.

  • Marginal note:Confusion with name of political party — determination

    (2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.

  • Marginal note:Name to appear on ballot

    (3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless

    • (a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or

    • (b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.

  • Marginal note:Clarification

    (4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).

  • Marginal note:Notice of name to appear on ballot

    (5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.

 Section 72 of the Act is repealed.

 Subsection 73(1) of the Act is replaced by the following:

Marginal note:Electronic filing

  • 73 (1) A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.

  • Marginal note:Proof of identity

    (1.1) If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).

Marginal note:2001, c. 21, s. 10(E)

 Sections 91 and 92 of the Act are replaced by the following:

Marginal note:Publishing false statement to affect election results

  • 91 (1) No person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period,

    • (a) a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; or

    • (b) a false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.

  • Marginal note:Clarification

    (2) Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.

Marginal note:Publishing false statement of candidate’s withdrawal

92 No person or entity shall publish a false statement that indicates that a candidate has withdrawn.

Marginal note:2007, c. 21, s. 13

 Subsections 93(1) and (1.1) of the Act are replaced by the following:

Marginal note:Preliminary lists and information to returning officer

  • 93 (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall make it available to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.

  • Marginal note:Preliminary lists to parties

    (1.1) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued.

 

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