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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)

63 Section 94 of the Act is replaced by the following:

Marginal note:Preliminary lists to candidates

94 Each returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.

  • 64 (1) Paragraphs 95(1)(a) and (b) of the Act are replaced by the following:

    • (a) are incarcerated electors as defined in section 177;

  • (2) Paragraph 95(2)(a) of the Act is replaced by the following:

    • (a) the address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;

  • (3) Paragraphs 95(3)(b) and (c) of the Act are replaced by the following:

    • (b) requires a polling station that is in premises that are accessible to electors with a disability, which his or her polling station is not; or

    • (c) is unable to attend at a polling station because of a disability.

Marginal note:2014, c. 12, s. 34

65 Sections 97 and 98 of the Act are replaced by the following:

Marginal note:Election officers who are designated to receive applications

  • 97 (1) The returning officer, assistant returning officer and other election officers for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.

  • Marginal note:Applications for addition, correction or deletion

    (2) All applications referred to in subsection (1) that are received by election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

Marginal note:Revision offices

98 The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall be in premises that are accessible to electors with a disability.

66 Section 100 of the Act is replaced by the following:

Marginal note:Election officers to act in pairs

  • 100 (1) Election officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

  • Marginal note:Disagreement between election officers

    (2) In case of disagreement between members of a pair, the two election officers shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.

Marginal note:2007, c. 21, s. 16(1)

67 Paragraph 101(1)(d) of the Act is replaced by the following:

  • (d) the elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

68 The heading before section 103 and sections 103 and 104 of the Act are repealed.

Marginal note:2007, c. 21, s. 17

69 Section 104.1 of the Act is replaced by the following:

Marginal note:Lists to candidates

104.1 Each returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.

Marginal note:Lists to registered parties

104.2 The Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.

Marginal note:2014, c. 12, ss. 36 and 37

70 Sections 106 and 107 of the Act are replaced by the following:

Marginal note:Official list of electors

106 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.

Marginal note:Form of lists

  • 107 (1) The revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.

  • Marginal note:Lists to election officers

    (2) Each returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.

  • Marginal note:Lists to candidates

    (3) Each returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.

  • Marginal note:Lists to registered parties

    (4) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.

71 Subsection 108(2) of the Act is repealed.

Marginal note:2001, c. 21, s. 11

72 Subsections 109(2) and (3) of the Act are replaced by the following:

  • Marginal note:Lists to member and parties

    (2) The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.

Marginal note:2007, c. 21, s. 19; 2014, c. 12, s. 38

73 Section 110 of the Act is replaced by the following:

Marginal note:Registered parties

  • 110 (1) A registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  • Marginal note:Eligible parties

    (1.1) An eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  • Marginal note:Members

    (2) A member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists for

    • (a) communicating with his or her electors; and

    • (b) if the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.

  • Marginal note:Candidates

    (3) A candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.

74 Subparagraph 111(f)(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.

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