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Bill C-33

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First Session, Forty-second Parliament,

64-65 Elizabeth II, 2015-2016

HOUSE OF COMMONS OF CANADA

BILL C-33
An Act to amend the Canada Elections Act and to make consequential amendments to other Acts
FIRST READING, November 24, 2016

MINISTER OF DEMOCRATIC INSTITUTIONS
90818


RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canada Elections Act and to make consequential amendments to other Acts”.

SUMMARY

This enactment amends the Canada Elections Act to

(a) remove limitations on public education and information activities conducted by the Chief Electoral Officer;

(b) establish a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;

(c) authorize the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;

(d) remove the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;

(e) replace, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;

(f) remove two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years, and the requirement that they intend to return to Canada to resume residence in the future; and

(g) relocate the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provide that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years.

In addition, the enactment contains transitional provisions and makes consequential amendments to other Acts.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,

64-65 Elizabeth II, 2015-2016

HOUSE OF COMMONS OF CANADA

BILL C-33

An Act to amend the Canada Elections Act and to make consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2000, c. 9

Canada Elections Act

1 (1) The definition Register of Electors in subsection 2(1) of the Canada Elections Act is replaced by the following:

Register of Electors means the Register of Electors established under Insertion start paragraph Insertion end 44 Insertion start (1)‍(a) Insertion end .‍ (Registre des électeurs)

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

Start of inserted block

future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age.‍ (futur électeur)

Register of Future Electors means the Register of Future Electors established under paragraph 44(1)‍(b).‍ (Registre des futurs électeurs)

End of inserted block

2003, c. 22, s. 100

2 Section 11 of the Act is repealed.

3 Subsection 15(1) of the Act is replaced by the following:

Rank, powers and duties

15 (1)  Insertion start Subject to subsections 509.‍1(2) and (3) Insertion end , the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

2014, c. 12, s. 7

4 Section 17.‍1 of the Act is repealed.

2014, c. 12, s. 7

5 Subsections 18(1) to (2) of the Act are replaced by the following:

Public education and information programs

Start of inserted block

18 (1) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

End of inserted block

Communication with public

Start of inserted block

(1.‍1) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic rights to vote and to be a candidate.

End of inserted block

Information outside Canada

Start of inserted block

(1.‍2) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.

End of inserted block

Communication with electors with disabilities

(2) The Chief Electoral Officer shall ensure that any information Insertion start on the following that is Insertion end provided under Insertion start subsections Insertion end (1) Insertion start to (1.‍2) in an advertising message Insertion end is accessible to electors with disabilities:

  • (a) how to become a candidate;

  • (b) how an elector may have their name added to a list of electors and may have corrections made to information respecting Insertion start them Insertion end on the list;

  • (c) how an elector may vote under section 127 and the times, dates and locations for voting;

  • (d) how an elector may Insertion start prove Insertion end their identity and residence in order to vote, including the pieces of identification that they may use to that end; and

  • (e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

Communication with future electors with disabilities

Start of inserted block

(2.‍1) If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.‍1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with disabilities.

End of inserted block

6 The heading of Part 4 of the Act is replaced by the following:

Register of Electors Insertion start and Register of Future Electors Insertion end

7 The heading “Maintenance and Communication of Register” before section 44 of the English version of the Act is replaced by the following:

Maintenance and Communication

2001, c. 21, s. 4; 2007, c. 21, s. 4

8 Section 44 of the Act is replaced by the following:

Maintenance of Registers

44 (1) The Chief Electoral Officer shall maintain

  • Insertion start (a) Insertion end  a register of Insertion start persons Insertion end who are qualified as electors, to be known as the Register of Electors; Insertion start and Insertion end

  • Start of inserted block

    (b) a register of persons who are qualified as future electors, to be known as the Register of Future Electors.

    End of inserted block

Contents of Registers

(2) The Register of Electors Insertion start and the Register of Future Electors Insertion end shall contain, for each elector Insertion start or future elector Insertion end who is included in it, Insertion start as the case may be, their Insertion end surname, given names, sex, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 194(7), 195(7), 223(2), 233(2) and 251(3).

Identifier

( Insertion start 3 Insertion end ) The Register of Electors Insertion start and the Register of Future Electors shall Insertion end also contain, for each elector Insertion start or future elector, as the case may be Insertion end , a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

Future electors becoming electors

Start of inserted block

(4) Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after they have become an elector until they are included in the Register of Electors.

End of inserted block

Inclusion optional

( Insertion start 5 Insertion end ) Inclusion in the Register of Electors Insertion start and the Register of Future Electors Insertion end is Insertion start optional Insertion end .

Parental consent not necessary

Start of inserted block

(6) A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.

End of inserted block

9 The heading before section 46 of the English version of the Act is replaced by the following:

Start of inserted block

Updates

End of inserted block

10 (1) The portion of subsection 46(1) of the Act before subparagraph (b)‍(i) is replaced by the following:

Sources of information

46 (1) The Register of Electors Insertion start and the Register of Future Electors Insertion end shall be updated from

  • (a) information

    • (i) that electors Insertion start or future electors, as the case may be Insertion end , have given the Chief Electoral Officer, or

    • (ii) that is held by a federal department or body and that electors Insertion start or future electors, as the case may be Insertion end , have expressly authorized to be given to the Chief Electoral Officer; and

  • (b) information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, sex, date of birth, civic address and mailing address of electors Insertion start and future electors Insertion end included in the Register of Electors Insertion start or the Register of Future Electors, as the case may be Insertion end , and that

2007, c. 21, s. 6

(2) Subsection 46(1.‍1) of the Act is replaced by the following:

Source of information: Register of Future Electors

Start of inserted block

(1.‍01) The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.

End of inserted block

Retention of certain information

(1.‍1) The Chief Electoral Officer may retain information collected under paragraph (1)‍(b), but not included in the Register of Electors Insertion start or Register of Future Electors Insertion end , for the purpose of correlating information subsequently collected with information already contained in the Insertion start relevant Insertion end register.

2007, c. 21, s. 7

11 Sections 46.‍1 and 46.‍2 of the Act are replaced by the following:

Information from Minister of Citizenship and Immigration

Start of inserted block

46.‍01 Despite subparagraph 46(1)‍(a)‍(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:

  • (a) their surname and given names;

  • (b) their sex;

  • (c) their date of birth; and

  • (d) their addresses.

    End of inserted block

Citizenship information

46.‍1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors Insertion start or Register of Future Electors Insertion end , the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)‍(d) of that Act indicate in the return whether Insertion start they are Insertion end a Canadian citizen.

Information in respect of deceased individuals

46.‍2 For the purpose of updating the Register of Electors Insertion start or Register of Future Electors Insertion end , the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)‍(b) of the Income Tax Act applies if that individual has, in Insertion start their Insertion end last return of income filed under paragraph 150(1)‍(d) of that Act, authorized that Minister to provide Insertion start their Insertion end name, date of birth and address to the Chief Electoral Officer for the Insertion start relevant Insertion end register.

2007, c. 21, s. 8

12 Sections 47.‍1 to 51 of the Act are replaced by the following:

Other duties

47.‍1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors Insertion start or Register of Future Electors Insertion end that are requested by the Chief Electoral Officer.

Adding electors and future electors

48 (1) The Chief Electoral Officer shall, before including Insertion start an Insertion end elector in the Register of Electors Insertion start or a future elector in the Register of Future Electors Insertion end , send Insertion start them Insertion end the Chief Electoral Officer’s information relating to Insertion start them Insertion end and ask Insertion start them Insertion end if Insertion start they wish Insertion end to be included in the Insertion start relevant Insertion end register.

Obligation of elector or future elector

(2)  Insertion start An Insertion end elector Insertion start or future elector Insertion end who wishes to be included in the Insertion start relevant Insertion end register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that Insertion start they are Insertion end qualified as an elector Insertion start or future elector, as the case may be Insertion end .

Exceptions

(3) This section does not apply in respect of the inclusion of Insertion start an Insertion end elector Insertion start or future elector that is Insertion end

  • (a)  Insertion start done Insertion end at Insertion start their Insertion end request;

  • (b)  Insertion start done using information from Insertion end lists of electors Insertion start or future electors Insertion end established under provincial law Insertion start that Insertion end contain information that the Chief Electoral Officer considers sufficient for the Insertion start elector’s or future elector’s Insertion end inclusion; or

  • Start of inserted block

    (c) done using information to update the Register of Electors under subsection 46(1.‍01).

    End of inserted block

Listing requests

49 (1) Any person may at any time request the Chief Electoral Officer to include Insertion start them Insertion end in the Register of Electors Insertion start or Register of Future Electors Insertion end , by providing

  • (a) a signed certification that Insertion start they are Insertion end qualified as an elector Insertion start or future elector, as the case may be Insertion end ;

  • (b)  Insertion start their Insertion end surname, given names, sex, date of birth, civic address and mailing address; and

  • (c) satisfactory proof of identity.

Optional information

(2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector Insertion start or future elector Insertion end to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector Insertion start or future elector Insertion end is not required to do so.

Corrections

50 An elector Insertion start or future elector Insertion end may Insertion start inform Insertion end the Chief Electoral Officer Insertion start of Insertion end changes to the information in the Register of Electors Insertion start or Register of Future Electors, as the case may be, Insertion end relating to Insertion start them Insertion end , and the Chief Electoral Officer shall make the necessary corrections to the Insertion start relevant Insertion end register.

Verification

51 The Chief Electoral Officer may

  • (a) contact an elector Insertion start or future elector Insertion end to verify the Chief Electoral Officer’s information relating to Insertion start them Insertion end ; and

  • (b) request the elector Insertion start or future elector Insertion end to confirm, correct or complete the information within 60 days after receiving the request.

13 (1) The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:

Deletion of names

52 (1) The Chief Electoral Officer shall delete from the Register of Electors Insertion start or Register of Future Electors Insertion end the name of any person who

(2) Paragraph 52(1)‍(b) of the Act is replaced by the following:

  • (b) is not an elector Insertion start or future elector, as the case may be, subject to subsection 44(4) Insertion end ;

(3) Paragraph 52(1)‍(c) of the English version of the Act is replaced by the following:

  • (c) requests in writing to have Insertion start their Insertion end name deleted;

2014, c. 12, s. 23(1)

(4) Paragraph 52(1)‍(d) of the Act is replaced by the following:

  • (d) is, Insertion start by reason of mental incapacity Insertion end , 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

  • Start of inserted block

    (e) is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.

    End of inserted block

(5) Subsection 52(2) of the Act is replaced by the following:

Deletion of name — discretionary

(2) The Chief Electoral Officer may delete from the Register of Electors Insertion start or Register of Future Electors Insertion end the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

14 Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:

Restriction — Register of Future Electors

Start of inserted block

(2) If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to them shall be used only for the purposes of

  • (a) updating the Register of Electors; or

  • (b) the transmission of information in the course of public education and information programs implemented under subsection 18(1).

    End of inserted block

15 Section 54 of the Act is replaced by the following:

Access to personal information

54 At the written request of an elector Insertion start or future elector Insertion end , the Chief Electoral Officer shall send Insertion start them Insertion end all the information in the Chief Electoral Officer’s possession relating to Insertion start them Insertion end .

2007, c. 21, s. 9

16 Subsection 55(1) of the Act is replaced by the following:

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 Insertion start or future electors Insertion end , governing the giving of information contained in the Register of Electors Insertion start or Register of Future Electors Insertion end , or the giving of information referred to in subsection 44(2) or ( Insertion start 3 Insertion end ) that the Chief Electoral Officer intends to include in Insertion start either Insertion end register, if that information is needed for establishing such a list.

2007, c. 21, s. 10(1)

17 (1) Paragraphs 56(a) and (b) 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 Insertion start or future elector Insertion end 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 Insertion start or future elector Insertion end , to that Insertion start other person’s Insertion end surname, given names, sex, civic address or mailing address, or to the identifier assigned to that Insertion start other Insertion end person by the Chief Electoral Officer, for the purpose of having that Insertion start other Insertion end person’s name deleted from the Register of Electors Insertion start or Register of Future Electors, as the case may be Insertion end ;

(2) Paragraph 56(d) of the Act is replaced by the following:

  • (d) wilfully apply to have included in the Register of Electors Insertion start or Register of Future Electors Insertion end the name of an animal or thing;

(3) Section 56 of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after that paragraph:

  • Start of inserted block

    (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), or

    • (iii) 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

      End of inserted block

18 Paragraph 95(1)‍(a) of the Act is replaced by the following:

  • Start of inserted block

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

    End of inserted block

2014, c. 12, s. 46(1)

19 (1) The portion of subsection 143(2) of the Act before paragraph (a) is replaced by the following:

Proof of identity and residence

(2) If the poll clerk determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide the deputy returning officer and the poll clerk with the following proof of his or her identity and residence:

2014, c. 12, s. 46(3)

(2) Subsection 143(2.‍1) of the Act is replaced by the following:

Authorized types of identification

(2.‍1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)‍(b). For greater certainty, any document may be authorized, regardless of who issued Insertion start it Insertion end .

2014, c. 12, s. 46(4)

(3) Subsection 143(3) of the Act is replaced by the following:

Oath

(3) An elector may instead prove his or her identity and residence by taking an oath in writing in the prescribed form — the form including the statement that he or she Insertion start knows the content of Insertion end the Insertion start written statement referred to Insertion end in subsection 143.‍1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division Insertion start and Insertion end who

  • (a)  Insertion start provides Insertion end the deputy returning officer and Insertion start the Insertion end poll clerk Insertion start with Insertion end the piece or pieces of identification referred to in paragraph (2)‍(a) or (b), respectively; and

  • (b)  Insertion start vouches for Insertion end the elector on oath in writing in the prescribed form, the form including the statements that Insertion start that other elector Insertion end

    • (i)  Insertion start knows the content of Insertion end the Insertion start written statement referred to Insertion end in subsection 143.‍1(2),

    • (ii)  Insertion start knows Insertion end the elector Insertion start being vouched for Insertion end personally,

    • (iii)  Insertion start knows Insertion end that the elector Insertion start being vouched for Insertion end resides in the polling division,

    • (iv)  Insertion start has Insertion end not Insertion start vouched for any other Insertion end elector at the election, and

    • (v) has not been Insertion start vouched for Insertion end by Insertion start any other Insertion end elector at the election.

2014, c. 12, s. 46(6)

(4) Subsections 143(5) and (6) of the Act are replaced by the following:

Prohibition — vouching for more than one elector

(5) No elector shall Insertion start vouch for Insertion end more than one elector at an election.

Prohibition — vouchee acting as voucher

(6) No elector Insertion start who Insertion end has been Insertion start vouched for Insertion end at an election shall Insertion start vouch for Insertion end another elector at that election.

2014, c. 12, s. 47

20 Section 143.‍1 of the Act is replaced by the following:

Oath form — proving identity and residence

143.‍1 (1) The prescribed form Insertion start of the Insertion end oath in writing Insertion start by which an elector proves Insertion end his or her Insertion start identity and Insertion end residence shall Insertion start include a written statement Insertion end of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or Insertion start on a person Insertion end who contravenes subsection 549(3).

Oath form — vouching

(2) The prescribed form Insertion start of the Insertion end oath in writing Insertion start by which another elector vouches for Insertion end an Insertion start elector Insertion end shall Insertion start include a written statement Insertion end of the penalty that may be imposed under this Act on a person who contravenes subsection 143(5) or (6) or 549(3).

2007, c. 21, s. 26(1); 2014, c. 12, s. 50(1)‍(F) and (1.‍1)

21 (1) The portion of subsection 161(1) of the French version of the Act before paragraph (b) is replaced by the following:

Inscription le jour du scrutin

161 (1) L’électeur dont le nom ne figure pas déjà sur la liste électorale peut, le jour du scrutin, s’inscrire en personne  Insertion start s’il établit son identité et sa résidence Insertion end :

  • a) soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;

2014, c. 12, s. 50(1.‍1)

(2) Paragraph 161(1)‍(b) of the Act is replaced by the following:

  • (b) proves his or her identity Insertion start and Insertion end residence by taking an oath in writing in the prescribed form — the form including the statement that he or she Insertion start knows the content of Insertion end the Insertion start written statement referred to Insertion end in subsection 161.‍1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division Insertion start and Insertion end who

    • (i)  Insertion start provides Insertion end the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

    • (ii)  Insertion start vouches for Insertion end the elector on oath in writing in the prescribed form, the form including the statements that Insertion start that other elector Insertion end

      • (A)  Insertion start knows the content of Insertion end the Insertion start written statement referred to Insertion end in subsection 161.‍1(2),

      • (B)  Insertion start knows Insertion end the elector Insertion start being vouched for Insertion end personally,

      • (C)  Insertion start knows Insertion end that the elector Insertion start being vouched for Insertion end resides in the polling division,

      • (D)  Insertion start has Insertion end not Insertion start vouched for any other Insertion end elector at the election, and

      • (E) has not been Insertion start vouched for Insertion end by Insertion start any other Insertion end elector at the election.

2014, c. 12, s. 50(5)

(3) Subsections 161(6) and (7) of the Act are replaced by the following:

Prohibition — vouching for more than one elector

(6) No elector shall Insertion start vouch for Insertion end more than one elector at an election.

Prohibition — vouchee acting as voucher

(7) No elector Insertion start who has been vouched for Insertion end at an election shall Insertion start vouch for Insertion end another elector at that election.

2014, c. 12, s. 51

22 Section 161.‍1 of the Act is replaced by the following:

Oath form — proving identity and residence

161.‍1 (1) The prescribed form Insertion start of the Insertion end oath in writing Insertion start by which an elector proves Insertion end his or her Insertion start identity and Insertion end residence shall Insertion start include a written statement Insertion end of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.‍1) or 549(3).

Oath form — vouching

(2) The prescribed form Insertion start of the Insertion end oath in writing Insertion start by which another elector vouches for Insertion end an Insertion start elector Insertion end shall Insertion start include a written statement Insertion end of the penalty that may be imposed under this Act on a person who contravenes subsection 161(6) or (7) or 549(3).

2007, c. 21, s. 30(1); 2014, c. 12, s. 54(1)‍(F) and (1.‍1)

23 (1) The portion of subsection 169(2) of the French version of the Act before paragraph (b) is replaced by the following:

Conditions

(2) Il ne peut toutefois être inscrit que Insertion start s’il établit son identité et sa résidence Insertion end :

  • a) soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;

2014, c. 12, s. 54(1.‍1)

(2) Paragraph 169(2)‍(b) of the Act is replaced by the following:

  • (b) proves his or her identity Insertion start and Insertion end residence by taking an oath in writing in the prescribed form — the form including the statement that he or she Insertion start knows the content of Insertion end the Insertion start written statement referred to Insertion end in subsection 169.‍1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division Insertion start and Insertion end who

    • (i)  Insertion start provides Insertion end the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

    • (ii)  Insertion start vouches for Insertion end the elector on oath in writing in the prescribed form, the form including the statements that Insertion start that other elector Insertion end

      • (A)  Insertion start knows the content of Insertion end the Insertion start written statement referred to Insertion end in subsection 169.‍1(2),

      • (B)  Insertion start knows Insertion end the elector Insertion start being vouched for Insertion end personally,

      • (C)  Insertion start knows Insertion end that the elector Insertion start being vouched for Insertion end resides in the polling division,

      • (D)  Insertion start has Insertion end not Insertion start vouched for any other Insertion end elector at the election, and

      • (E) has not been Insertion start vouched for Insertion end by Insertion start any other Insertion end elector at the election.

2014, c. 12, s. 54(4)

(3) Subsections 169(5) and (6) of the Act are replaced by the following:

Prohibition — vouching for more than one elector

(5) No elector shall Insertion start vouch for Insertion end more than one elector at an election.

Prohibition — vouchee acting as voucher

(6) No elector Insertion start who has been vouched for Insertion end at an election shall Insertion start vouch for Insertion end another elector at that election.

2014, c. 12, s. 55

24 Section 169.‍1 of the Act is replaced by the following:

Oath form — proving identity and residence

169.‍1 (1) The prescribed form Insertion start of the Insertion end oath in writing Insertion start by which an elector proves Insertion end his or her Insertion start identity and Insertion end residence shall Insertion start include a written statement Insertion end of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.‍1) or 549(3).

Oath form — vouching

(2) The prescribed form Insertion start of the Insertion end oath in writing Insertion start by which another elector vouches for Insertion end an Insertion start elector Insertion end shall Insertion start include a written statement Insertion end of the penalty that may be imposed under this Act on a person who contravenes subsection 169(5) or (6) or 549(3).

25 The heading of Division 3 of Part 11 of the Act is replaced by the following:

Electors Resident Outside Canada

26 The definitions elector and register in section 220 of the Act are replaced by the following:

elector means an elector, other than a Canadian Forces elector, who resides outside Canada.‍ (électeur)

register means the register referred to in Insertion start section Insertion end 222.‍ (registre)

2003, c. 22, s. 103

27 Section 222 of the Act is replaced by the following:

Register of electors

222 The Chief Electoral Officer shall maintain a register of electors in which is entered the Insertion start surname, given names, Insertion end sex, date of birth, civic Insertion start address Insertion end , mailing Insertion start address Insertion end and electoral district of each elector who has filed an application for registration and special ballot and who, at any time before making the application, resided in Canada.

28 (1) Paragraph 223(1)‍(b) of the Act is repealed.

2000, c. 12, par. 40(2)‍(g)

(2) Paragraphs 223(1)‍(d) to (f) of the Act are replaced by the following:

  • (e) the address of the elector’s last place of ordinary residence in Canada before he or she left Canada;

29 Section 226 of the Act is amended by adding “or” at the end of paragraph (d), by striking out “or” at the end of paragraph (e) and by repealing paragraph (f).

2014, c. 12, s. 60

30 Subsections 237.‍1(3.‍1) and (3.‍2) of the Act are replaced by the following:

Prohibition — vouching for more than one elector

(3.‍1) No elector shall Insertion start vouch for Insertion end more than one elector at an election.

Prohibition — vouchee acting as voucher

(3.‍2) No elector Insertion start who has been vouched for Insertion end at an election shall Insertion start vouch for Insertion end another elector at that election.

31 Section 485 of the Act and the heading before it are replaced by the following:

Offences under Part 4 (Register of Electors Insertion start and Register of Future Electors Insertion end )

Offences requiring intent — summary conviction

485 (1) Every person who contravenes paragraph 56(e) Insertion start or (e.‍1) Insertion end (unauthorized use of personal information recorded in Register of Electors Insertion start or Register of Future Electors Insertion end ) is guilty of an offence.

Offences requiring intent — dual procedure

(2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors Insertion start or Register of Future Electors Insertion end ) is guilty of an offence.

2014, c. 12, s. 93(1)

32 (1) Paragraphs 489(2)‍(a) and (a.‍1) of the Act are replaced by the following:

  • (a) contravenes subsection 143(5) ( Insertion start vouching for Insertion end more than one elector);

  • (a.‍1) contravenes subsection 143(6) ( Insertion start vouchee acting as voucher Insertion end );

2014, c. 12, s. 93(2)

(2) Paragraphs 489(2)‍(a.‍3) and (a.‍4) of the Act are replaced by the following:

  • (a.‍3) contravenes subsection 161(6) ( Insertion start vouching for Insertion end more than one elector);

  • (a.‍4) contravenes subsection 161(7) ( Insertion start vouchee acting as voucher Insertion end );

2014, c. 12, s. 93(3)

(3) Paragraphs 489(2)‍(d) and (e) of the Act are replaced by the following:

  • (d) contravenes subsection 169(5) ( Insertion start vouching for Insertion end more than one elector); or

  • (e) contravenes subsection 169(6) ( Insertion start vouchee acting as voucher Insertion end ).

2014, c. 12, s. 94.‍1

33 Paragraphs 491(2)‍(a) and (b) of the Act are replaced by the following:

  • (a) contravenes subsection 237.‍1(3.‍1) ( Insertion start vouching for Insertion end more than one elector);

  • (b) contravenes subsection 237.‍1(3.‍2) ( Insertion start vouchee acting as voucher Insertion end ); or

2014, c. 12, s. 108

34 (1) Subsections 509(1) and (2) of the Act are replaced by the following:

Commissioner of Canada Elections

509 (1) The Commissioner of Canada Elections shall be appointed by Insertion start the Chief Electoral Officer, after consultation with Insertion end the Director of Public Prosecutions, to hold office during good behaviour for a Insertion start non-renewable Insertion end term of Insertion start 10 Insertion end years and may be removed by the Insertion start Chief Electoral Officer Insertion end for cause.

Remuneration

Start of inserted block

(2) The Commissioner shall be paid the remuneration that is fixed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions.

End of inserted block

2014, c. 12, ss. 108 and 154

(2) Subsection 509(3) of the Act is amended by adding “or” at the end of paragraph (b) and by repealing paragraphs (d) and (e).

2014, c. 12, s. 108

35 Section 509.‍1 of the Act is replaced by the following:

Position within Office of Chief Electoral Officer

509.‍1 (1) The position of Commissioner of Canada Elections is within the Office of the Insertion start Chief Electoral Officer Insertion end .

Deputy head — Financial Administration Act

(2) For the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Insertion start Chief Electoral Officer Insertion end in which the employees referred to in section 509.‍3 occupy their positions.

Deputy head — Public Service Employment Act

(3) For the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Insertion start Chief Electoral Officer Insertion end in which the employees referred to in section 509.‍3 occupy their positions.

2014, c. 12, s. 108

36 Section 509.‍5 of the Act is replaced by the following:

Authorization to assist

509.‍5 The Commissioner may authorize a person employed in the Office of the Insertion start Chief Electoral Officer Insertion end to assist Insertion start the Commissioner Insertion end in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.‍1(2) and (3) and in the exercise of his or her power under section 509.‍4, subject to the terms and conditions that the Commissioner sets.

2014, c. 12, s. 108

37 The portion of section 509.‍6 of the Act before paragraph (a) is replaced by the following:

Amounts to be paid out of C.‍R.‍F.

509.‍6 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Insertion start Chief Electoral Officer Insertion end :

2014, c. 12, s. 108

38 Subsection 510(3) of the Act is replaced by the following:

Independence

(3) The Commissioner Insertion start shall Insertion end conduct the investigation independently of the Insertion start Chief Electoral Officer Insertion end .

39 Section 535 of the Act is replaced by the following:

Report on proposed legislative amendments

535 The Chief Electoral Officer shall, as soon as possible after a general election, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of this Act, Insertion start and that also sets out, separately, any amendments that are set out in the Commissioner’s report under section 537.‍2 Insertion end .

40 The Act is amended by adding the following after section 537:

Start of inserted block

Report of Commissioner

End of inserted block
Annual report
Start of inserted block

537.‍1 The Commissioner shall, as soon as possible after the end of each year, publish, in the manner and form that he or she considers appropriate, a report on the activities of his or her office during that year. The Commissioner shall not include the details of any investigation.

End of inserted block
Report on proposed legislative amendments
Start of inserted block

537.‍2 The Commissioner shall, as soon as possible after a general election, make a report to the Chief Electoral Officer that sets out any amendments that, in the Commissioner’s opinion, are desirable for better compliance with, and the better enforcement of, this Act.

End of inserted block

Transitional Provisions

Electors temporarily resident outside Canada

41 If, before the day on which section 28 comes into force, an application for registration and special ballot is made under section 223 of the Canada Elections Act, then Division 3 of Part 11 of that Act as it read immediately before that day applies for the purposes of the application.

Commissioner of Canada Elections — continuation of term

42 The person who holds the office of Commissioner of Canada Elections immediately before the day on which section 34 comes into force continues in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act, as enacted by that section 34. However, his or her term of office begins on the date of his or her actual appointment.

Definition of former portion

43 (1) For the purposes of this section, former portion means the portion of the federal public administration in the Office of the Director of Public Prosecutions in which, immediately before the day on which this section comes into force, the employees referred to in section 509.‍3 of the Canada Elections Act occupied their positions.

Transfer of appropriations

(2) Any amount that was appropriated, for the fiscal year in which this section comes into force, for defraying the charges and expenses in respect of the former portion and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Chief Electoral Officer for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.

Continuation of legal proceedings

(3) Any action, suit or other legal proceedings to which the Director of Public Prosecutions is a party relating to the former portion that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Chief Electoral Officer in the same manner and to the same extent as it could have been continued by or against the Director of Public Prosecutions.

Employment continued

(4) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the day on which this section comes into force, occupied a position in the former portion, except that the employee shall, beginning on that day, occupy their position in the Office of the Chief Electoral Officer.

Consequential Amendments

R.‍S.‍, c. A-1

Access to Information Act

2014, c. 12, s. 146

44 Section 16.‍31 of the Access to Information Act is repealed.

R.‍S.‍, c. F-11

Financial Administration Act

45 Schedule IV to the Financial Administration Act is amended by striking out the following:

The portion of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.‍3 of the Canada Elections Act occupy their positions

Le secteur de l’administration publique fédérale faisant partie du Bureau du directeur des poursuites pénales dans lequel les employés visés à l’article 509.‍3 de la Loi électorale du Canada occupent un poste

46 Schedule IV to the Act is amended by adding the following in alphabetical order:

Start of inserted block
Start of inserted block

The portion of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.‍3 of the Canada Elections Act occupy their positions

Le secteur de l’administration publique fédérale faisant partie du bureau du directeur général des élections dans lequel les employés visés à l’article 509.‍3 de la Loi électorale du Canada occupent un poste

End of inserted block
End of inserted block

2006, c. 9, s. 121

Director of Public Prosecutions Act

2014, c. 12, s. 150

47 Subsection 3(2) of the Director of Public Prosecutions Act is replaced by the following:

Rank and status

(2) The Director has the rank and status of a deputy head of a department.

2014, c. 12, s. 151

48 Subsection 6(4) of the Act is replaced by the following:

Other powers, duties and functions

(4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament.

2014, c. 12, s. 152

49 Subsections 16(1) and (1.‍1) of the Act are replaced by the following:

Annual report

16 (1) The Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director —  Insertion start except in relation to matters referred to in subsection 3(8) Insertion end  — in the immediately preceding fiscal year.

Coming into Force

Six months after royal assent

50 This Act comes into force on the day that, in the sixth month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent — or, if that sixth month has no day with that number, the last day of that sixth month — unless, before then, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations for the bringing into operation of this Act have been made and that this Act may come into force accordingly, in which case it comes into force on the day on which the notice is published.

Published under authority of the Speaker of the House of Commons


EXPLANATORY NOTES

Canada Elections Act
Clause 1: (1) Existing text of the definition:

Register of Electors means the Register of Electors established under section 44.‍ (Registre des électeurs)

(2) New.
Clause 2: Existing text of section 11:

11 Any of the following persons may vote in accordance with Part 11:

  • (a) a Canadian Forces elector;

  • (b) an elector who is an employee in the federal public administration or the public service of a province and who is posted outside Canada;

  • (c) a Canadian citizen who is employed by an international organization of which Canada is a member and to which Canada contributes and who is posted outside Canada;

  • (d) a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident;

  • (e) an incarcerated elector within the meaning of that Part; and

  • (f) any other elector in Canada who wishes to vote in accordance with that Part.

Clause 3: Existing text of subsection 15(1):

15 (1) The Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

Clause 4: Existing text of section 17.‍1:

17.‍1 The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to students at the primary and secondary levels.

Clause 5: Existing text of subsections 18(1) to (2):

18 (1) The Chief Electoral Officer may transmit or cause to be transmitted advertising messages, both inside and outside Canada, to inform electors about the exercise of their democratic rights. Such advertising messages shall only address

  • (a) how to become a candidate;

  • (b) how an elector may have their name added to a list of electors and may have corrections made to information respecting the elector on the list;

  • (c) how an elector may vote under section 127 and the times, dates and locations for voting;

  • (d) how an elector may establish their identity and residence in order to vote, including the pieces of identification that they may use to that end; and

  • (e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

(1.‍1) For greater certainty, subsection (1) does not prevent the Chief Electoral Officer from transmitting or causing to be transmitted advertising messages for any other purpose relating to his or her mandate.

(2) The Chief Electoral Officer shall ensure that any information provided under subsection (1) is accessible to electors with disabilities.

Clause 6: Existing text of the heading:
Register of Electors
Clause 7: Existing text of the heading:
Maintenance and Communication of Register
Clause 8: Existing text of section 44:

44 (1) The Chief Electoral Officer shall maintain a register of Canadians who are qualified as electors, to be known as the Register of Electors.

(2) The Register of Electors shall contain, for each elector who is included in it, his or her surname, given names, sex, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 194(7), 195(7), 223(2), 233(2) and 251(3).

(2.‍1) The Register of Electors must also contain, for each elector, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

(3) Inclusion in the Register of Electors is at the option of the elector.

Clause 9: Existing text of the heading:
Updating the Register
Clause 10: (1) Relevant portion of subsection 46(1):

46 (1) The Register of Electors shall be updated from

  • (a) information

    • (i) that electors have given the Chief Electoral Officer, or

    • (ii) that is held by a federal department or body and that electors have expressly authorized to be given to the Chief Electoral Officer; and

  • (b) information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, sex, date of birth, civic address and mailing address of electors included in the Register of Electors and that

(2) Existing text of subsection 46(1.‍1):

(1.‍1) The Chief Electoral Officer may retain information collected under paragraph (1)‍(b), but not included in the Register of Electors, for the purpose of correlating information subsequently collected with information already contained in the Register of Electors.

Clause 11: Existing text of sections 46.‍1 and 46.‍2:

46.‍1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)‍(d) of that Act indicate in the return whether he or she is a Canadian citizen.

46.‍2 For the purpose of updating the Register of Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)‍(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)‍(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the Register of Electors.

Clause 12: Existing text of sections 47.‍1 to 51:

47.‍1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors that are requested by the Chief Electoral Officer.

48 (1) The Chief Electoral Officer shall, before including a new elector in the Register of Electors, send the elector the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the Register of Electors.

(2) A new elector who wishes to be included in the Register of Electors shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector under section 3.

(3) This section does not apply in respect of the inclusion of a new elector

  • (a) at the elector’s request; or

  • (b) based on lists of electors established under provincial law, if those lists contain the information that the Chief Electoral Officer considers sufficient for the inclusion of the elector.

49 (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors, by providing

  • (a) a signed certification that he or she is qualified as an elector;

  • (b) his or her surname, given names, sex, date of birth, civic address and mailing address; and

  • (c) satisfactory proof of identity.

(2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector is not required to do so.

50 An elector may give the Chief Electoral Officer changes to the information in the Register of Electors relating to the elector, and the Chief Electoral Officer shall make the necessary corrections to the Register of Electors.

51 The Chief Electoral Officer may at any time

  • (a) contact an elector to verify the Chief Electoral Officer’s information relating to him or her; and

  • (b) request the elector to confirm, correct or complete the information within 60 days after receiving the request.

Clause 13: (1) to (4) Relevant portion of subsection 52(1):

52 (1) The Chief Electoral Officer shall delete from the Register of Electors the name of any person who

  • .‍.‍. 

  • (b) is not an elector; or

  • (c) requests in writing to have his or her name deleted;

  • (d) is 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.

(5) Existing text of subsection 52(2):

(2) The Chief Electoral Officer may delete from the Register of Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

Clause 14: New.
Clause 15: Existing text of section 54:

54 At the written request of an elector, the Chief Electoral Officer shall send the elector all the information in the Chief Electoral Officer’s possession relating to him or her.

Clause 16: Existing text of subsection 55(1):

55 (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors, governing the giving of information contained in the Register of Electors, or the giving of information referred to in subsection 44(2) or (2.‍1) that the Chief Electoral Officer intends to include in the Register of Electors, if that information is needed for establishing such a list.

Clause 17: (1) and (2) Relevant portion of section 56:

56 No person shall

  • (a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an 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, to the surname, given names, sex, civic address or mailing address of that person, or to the identifier assigned to that person by the Chief Electoral Officer, for the purpose of having that person’s name deleted from the Register of Electors;

  • .‍.‍. 

  • (d) wilfully apply to have included in the Register of Electors the name of an animal or thing;

(3) New.
Clause 18: Relevant portion of subsection 95(1):

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 the preliminary list of electors, except electors who

  • (a) are referred to in paragraph 11(e);

Clause 19: (1) Relevant portion of subsection 143(2):

(2) If the poll clerk determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then the elector shall provide the deputy returning officer and the poll clerk with the following proof of the elector’s identity and, subject to subsection (3), his or her residence:

(2) Existing text of subsection 143(2.‍1):

(2.‍1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)‍(b). For greater certainty, any document — other than a notice of confirmation of registration sent under section 95 or 102 — regardless of who issued the document, may be authorized.

(3) Existing text of subsection 143(3):

(3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.‍1) that establish the elector’s name may instead prove his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 143.‍1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division who

  • (a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)‍(a) or (b), respectively; and

  • (b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

    • (i) they have received the oral advice set out in subsection 143.‍1(2),

    • (ii) they know the elector personally,

    • (iii) they know that the elector resides in the polling division,

    • (iv) they have not attested to the residence of another elector at the election, and

    • (v) their own residence has not been attested to by another elector at the election.

(4) Existing text of subsections 143(5) and (6):

(5) No elector shall attest to the residence of more than one elector at an election.

(6) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

Clause 20: Existing text of section 143.‍1:

143.‍1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 143(5) or (6) or 549(3).

Clause 21: (1) and (2) Existing text of subsection 161(1):

161 (1) An elector whose name is not on the list of electors may register in person on polling day if the elector

  • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

  • (b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.‍1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 161.‍1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who

    • (i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

    • (ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

      • (A) they have received the oral advice set out in subsection 161.‍1(2),

      • (B) they know the elector personally,

      • (C) they know that the elector resides in the polling division,

      • (D) they have not attested to the residence of another elector at the election, and

      • (E) their own residence has not been attested to by another elector at the election.

(3) Existing text of subsections 161(6) and (7):

(6) No elector shall attest to the residence of more than one elector at an election.

(7) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

Clause 22: Existing text of section 161.‍1:

161.‍1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.‍1) or 549(3).

(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 161(6) or (7) or 549(3).

Clause 23: (1) and (2) Existing text of subsection 169(2):

(2) An elector shall not be registered unless he or she

  • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

  • (b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.‍1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 169.‍1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who

    • (i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

    • (ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

      • (A) they have received the oral advice set out in subsection 169.‍1(2),

      • (B) they know the elector personally,

      • (C) they know that the elector resides in the polling division,

      • (D) they have not attested to the residence of another elector at the election, and

      • (E) their own residence has not been attested to by another elector at the election.

(3) Existing text of subsections 169(5) and (6):

(5) No elector shall attest to the residence of more than one elector at an election.

(6) No elector whose residence has been attested to at an election shall attest to another elector’s residence at that election.

Clause 24: Existing text of section 169.‍1:

169.‍1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.‍1) or 549(3).

(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 169(5) or (6) or 549(3).

Clause 25: Existing text of the heading:
Electors Temporarily Resident Outside Canada
Clause 26: Existing text of the definitions:

elector means an elector, other than a Canadian Forces elector, who resides temporarily outside Canada.‍ (électeur)

register means the register referred to in subsection 222(1).‍ (re-gistre)

Clause 27: Existing text of section 222:

222 (1) The Chief Electoral Officer shall maintain a register of electors who are temporarily resident outside Canada in which is entered the name, date of birth, civic and mailing addresses, sex and electoral district of each elector who has filed an application for registration and special ballot and who

  • (a) at any time before making the application, resided in Canada;

  • (b) has been residing outside Canada for less than five consecutive years immediately before making the application; and

  • (c) intends to return to Canada to resume residence in the future.

(2) Paragraph (1)‍(b) does not apply to an elector who is

  • (a) employed outside Canada in the federal public administration or the public service of a province;

  • (b) employed outside Canada by an international organization of which Canada is a member and to which Canada contributes;

  • (c) a person who lives with an elector referred to in paragraph (a) or (b); or

  • (d) a person who lives with a member of the Canadian Forces or with a person referred to in paragraph 191(d).

Clause 28: (1) and (2) Relevant portion of section 223(1):

223 (1) An application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall include

  • .‍.‍. 

  • (b) if paragraph 222(1)‍(b) does not apply in respect of the elector, proof of the applicability of an exception set out in subsection 222(2);

  • .‍.‍. 

  • (d) the date the elector left Canada;

  • (e) the address of the elector’s last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of the spouse, the common-law partner or a relative of the elector, a relative of the elector’s spouse or common-law partner, a person in relation to whom the elector is a dependant or a person with whom the elector would live but for his or her residing temporarily outside Canada;

  • (f) the date on which the elector intends to resume residence in Canada;

Clause 29: Relevant portion of section 226:

226 The Chief Electoral Officer shall delete from the register the name of an elector who

  • .‍.‍. 

  • (f) except for an elector to whom any of paragraphs 222(2)‍(a) to (d) applies, has resided outside Canada for five consecutive years or more.

Clause 30: Existing text of subsections 237.‍1(3.‍1) and (3.‍2):

(3.‍1) No elector shall attest to the residence of more than one elector at an election.

(3.‍2) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

Clause 31: Existing text of the heading and section 485:
Offences under Part 4 (Register of Electors)

485 (1) Every person who contravenes paragraph 56(e) (unauthorized use of personal information recorded in Register of Electors) is guilty of an offence.

(2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors) is guilty of an offence.

Clause 32: (1) to (3) Relevant portion of subsection 489(2):

(2) Every person is guilty of an offence who

  • (a) contravenes subsection 143(5) (attesting to residence of more than one elector);

  • (a.‍1) contravenes subsection 143(6) (attesting to residence when own residence attested to);

  • .‍.‍. 

  • (a.‍3) contravenes subsection 161(6) (attesting to residence of more than one elector);

  • (a.‍4) contravenes subsection 161(7) (attesting to residence when own residence attested to);

  • .‍.‍. 

  • (d) contravenes subsection 169(5) (attesting to residence of more than one elector); or

  • (e) contravenes subsection 169(6) (attesting to residence when own residence attested to).

Clause 33: Relevant portion of subsection 491(2):

(2) Every person is guilty of an offence who

  • (a) contravenes subsection 237.‍1(3.‍1) (attesting to residence of more than one elector);

  • (b) contravenes subsection 237.‍1(3.‍2) (attesting to residence when own residence attested to); or

Clause 34: (1) Existing text of subsections 509(1) and (2):

509 (1) The Commissioner of Canada Elections shall be appointed by the Director of Public Prosecutions to hold office during good behaviour for a term of seven years and may be removed by the Director of Public Prosecutions for cause.

(2) The Director of Public Prosecutions shall not consult the Chief Electoral Officer with respect to the appointment of the Commissioner.

(2) Relevant portion of subsection 509(3):

(3) A person is not eligible to be appointed as Commissioner if the person is or has been

  • .‍.‍. 

  • (d) the Chief Electoral Officer, a member of his or her staff or a person whose services have been engaged under subsection 20(1); or

  • (e) an election officer referred to in any of paragraphs 22(1)‍(a) to (b).

Clause 35: Existing text of section 509.‍1:

509.‍1 (1) The position of Commissioner of Canada Elections is within the Office of the Director of Public Prosecutions.

(2) For the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.‍3 occupy their positions.

(3) For the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.‍3 occupy their positions.

Clause 36: Existing text of section 509.‍5:

509.‍5 The Commissioner may authorize a person employed in the Office of the Director of Public Prosecutions to assist him or her in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.‍1(2) and (3) and in the exercise of his or her power under section 509.‍4, subject to the terms and conditions that the Commissioner sets.

Clause 37: Relevant portion of section 509.‍6:

509.‍6 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Director of Public Prosecutions:

Clause 38: Existing text of subsection 510(3):

(3) The Commissioner is to conduct the investigation independently of the Director of Public Prosecutions.

Clause 39: Existing text of section 535:

535 The Chief Electoral Officer shall, as soon as possible after a general election, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of this Act.

Clause 40: New.
Access to Information Act
Clause 44: Existing text of section 16.‍31:

16.‍31 Subject to section 541 of the Canada Elections Act, the Director of Public Prosecutions may refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of the functions of the Commissioner of Canada Elections under the Canada Elections Act.

Director of Public Prosecutions Act
Clause 47: Existing text of subsection 3(2):

(2) Subject to subsections 509.‍1(2) and (3) of the Canada Elections Act, the Director has the rank and status of a deputy head of a department.

Clause 48: Existing text of subsection 6(4):

(4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament, except for the powers under subsection 509(1) of the Canada Elections Act.

Clause 49: Existing text of subsections 16(1) and (1.‍1):

16 (1) The Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director in the immediately preceding fiscal year.

(1.‍1) In addition, the report shall include a section, provided by the Commissioner of Canada Elections, on his or her activities under the Canada Elections Act in that fiscal year. The Commissioner shall not include the details of any investigation.


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