Bill C-83

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

First Reading

PDF

	Rights of Candidates
Leave of absence	80. Every employer of employees to whom Part III of the Canada Labour Code applies shall, on application, grant any such employee leave of absence, with or without pay, to seek nomination as a candidate and to be a candidate for the period during the election period that may be requested.
Right of candidate to enter building	81. No person who is in control of an apartment building or other multiple residence may prevent a candidate or his or her representative, between 9:00 a.m. and 9:00 p.m., from
	(a) canvassing at apartment doors in the apartment building; or
	(b) campaigning in a common area in the multiple residence.
	Obligations of Candidates
Definition of candidate	82. For the purposes of sections 83 to 88 and 90, a candidate is deemed to have been a candidate from the time he or she accepts a contribution or incurs an electoral campaign expense referred to in section 406.
Appointment of official agent	83. (1) A candidate shall appoint an official agent before incurring an electoral campaign expense.
Appointment of auditor	(2) A candidate shall appoint an auditor on appointing an official agent.
Official agent - ineligible persons	84. The following persons are not eligible for appointment, or to serve, as an official agent:
	(a) a candidate;
	(b) an election officer;
	(c) an auditor appointed as required by this Act;
	(d) a person who is not qualified as an elector; and
	(e) a person who does not have the capacity to enter into contracts in the province in which he or she ordinarily resides.
Auditor - eligible persons	85. (1) The following are eligible for appointment, or to serve, as an auditor for a candidate:
	(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or
	(b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.
Auditor - ineligible persons	(2) The following persons are not eligible for appointment, or to serve, as an auditor for a candidate:
	(a) an election officer;
	(b) the candidate or any other candidate;
	(c) the official agent of the candidate or any other candidate;
	(d) the chief agent of a registered party or an eligible party; and
	(e) a registered agent of a registered party.
Ineligible to prepare report	(3) A person referred to in subsection (2) who is a partner or an associate of an auditor of a candidate or who is an employee of that auditor or the firm in which that auditor is a partner or associate may not participate, other than in the manner referred to in subsection 453(4), in the preparation of the auditor's report under section 453.
Consent	86. A candidate who appoints an official agent or an auditor shall obtain from him or her a signed statement consenting to act in that capacity.
Death, incapacity, resignation or revocation	87. In the event of the death, incapacity, resignation or revocation of the appointment of an official agent or of an auditor, the candidate shall, without delay, appoint another person to act in that capacity.
Only one official agent and auditor	88. A candidate may have only one official agent and one auditor at a time.
	Prohibition
Ineligible candidate	89. No person shall sign a nomination paper consenting to be a candidate knowing that they are not eligible to be a candidate.
Prohibition - official agents	90. (1) No person who is ineligible to act as an official agent of a candidate shall act in that capacity.
Prohibition - auditor	(2) No person who is ineligible to act as an auditor of a candidate shall so act.
Publishing false statements to affect election results	91. No person shall, with the intention of affecting the results of an election, make or publish any false statement of fact in relation to the personal character or conduct of a candidate or prospective candidate.
False statement of withdrawal of candidate	92. No person shall knowingly publish a false statement of the withdrawal of a candidate.
	PART 7
	REVISION OF LISTS OF ELECTORS
	Preliminary Lists of Electors
Sending of information	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 send it 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.
Form of preliminary list of electors	(2) A preliminary list of electors shall contain only the names and addresses of electors in the electoral district, and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.
Distribution of lists	94. Each returning officer shall, on receipt of the preliminary lists of electors for his or her electoral district, distribute one printed copy and one electronic copy of the lists to each candidate in the electoral district who requests them.
	Confirmation of Registration
Notice to electors	95. (1) Each returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on a preliminary list of electors for the returning officer's electoral district, except electors who
	(a) are referred to in paragraph 11(e);
	(b) have completed a statement of ordinary residence under section 194 or 195; or
	(c) are referred to in section 222.
Form of notice	(2) The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate
	(a) the address of the elector's polling station, and whether or not it has level access;
	(b) the voting hours on polling day;
	(c) a telephone number to call for more information; and
	(d) the dates of advance polls and the voting hours and locations of advance polling stations.
Particular needs	(3) The notice of confirmation of registration shall invite the elector to contact the returning officer if he or she
	(a) requires a language or sign language interpreter;
	(b) requires level access and his or her polling station does not have it; or
	(c) is unable to attend at a polling station because of a physical disability.
	Revision Process
Revision of preliminary lists of electors	96. The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors for all electoral districts. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.
Election officers who are designated to receive applications	97. (1) The returning officer, assistant returning officer and revising agents 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.
Applications for addition, correction or deletion	(2) All applications referred to in subsection (1) that are received by revising agents shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.
Rental of offices	98. The returning officer may, with the approval of the Chief Electoral Officer, rent one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access.
Revision - purpose	99. The returning officer and assistant returning officer for an electoral district shall revise the preliminary lists of electors for that electoral district by
	(a) adding the names of electors who were omitted from the lists;
	(b) correcting information respecting electors whose names are on the lists; and
	(c) deleting the names of persons whose names were incorrectly inserted on the lists.
Revising agents to act jointly	100. (1) Each pair of revising agents appointed for an electoral district shall act jointly to assist in the revision of the preliminary lists of electors for that electoral district.
Disagree- ment between revising agents	(2) In case of disagreement, the revising agents shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.
Relevant elector information	101. (1) The returning officer or assistant returning officer may add the name of any elector to a preliminary list of electors for their electoral district if
	(a) the elector completes the prescribed registration form, establishes that he or she should be included on the list and provides satisfactory proof of identity;
	(b) another elector who lives at the same residence as the elector completes the prescribed registration form, establishes that the elector should be included on the list and provides satisfactory proof of identity in respect of that elector; or
	(c) another elector who does not live at the same residence as the elector completes the prescribed registration form for the elector, establishes that the elector should be included on the list and provides
	(i) written authorization from the elector allowing the other elector to complete the form for him or her, and
	(ii) satisfactory proof of identity in respect of both electors.
Exclusion from Register of Electors	(2) An elector whose name is added to a preliminary list of electors under paragraph (1)(a) may request that his or her name not be included in the Register of Electors.
Change of address	(3) The previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (c) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector's name shall then be deleted from the Register of Electors in relation to the previous address.
Deletion of name of elector	(4) The returning officer or assistant returning officer may delete the name of a person from a preliminary list of electors if
	(a) the person requests it and provides satisfactory proof of identity;
	(b) it is established that the elector is deceased;
	(c) it is established that the information provided in respect of the elector is not valid; or
	(d) it is established that the elector no longer resides at the address indicated on the list.
Corrections	(5) The returning officer or assistant returning officer may approve corrections to the information, in respect of an elector, on a preliminary list of electors if
	(a) the elector has requested the correction under subsection 97(1); or
	(b) there is an omission or error.
Address change within electoral district	(6) An elector who changes his or her address within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity and residence to one of the election officers mentioned in subsection 97(1), apply to have the relevant corrections made to the appropriate preliminary list of electors. Another elector who lives at the same residence as the elector in question, on providing satisfactory proof of identity and residence in respect of the elector in question, may apply to have the relevant corrections made to that list in respect of the elector in question.
Notice of confirmation of registration	102. Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).