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This enactment amends the Canada Elections Act with respect to the
information included on ballots. It also clarifies and harmonizes certain
provisions of that Act and makes a related amendment to the Electoral
Boundaries Readjustment Act.
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Clause 1: (1) The definition ``political affiliation'' in
subsection 2(1) reads as follows:
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``political affiliation'', in respect of a candidate, means the name of the
registered party or the word ``independent'', as the case may be,
referred to in subparagraph 66(1)(a)(v) in the statement included in
the candidate's nomination paper.
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(2) The relevant portion of the definition ``election
documents'' in subsection 2(1) reads as follows:
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``election documents'' means the following documents:
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(f) the other returns from the various polling stations enclosed in
sealed envelopes, as required by Part 12, and containing
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(v) a packet containing the list of electors used at the polling
station, the written appointments of candidates'
representatives and the used transfer certificates, if any, and
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Clause 2: Section 18.1 reads as follows:
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18.1 The Chief Electoral Officer may carry out studies on voting,
including studies respecting alternative voting means, and may devise
and test an electronic voting process for future use in a general election
or a by-election. Such a process may not be used for an official vote
without the prior approval of the committee of the House of Commons
that normally considers electoral matters.
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Clause 3: The relevant portion of section 32 reads as
follows:
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32. After the issue of the writ, a returning officer shall appoint the
following election officers in the prescribed form:
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(d) a registration officer for each registration office.
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Clause 4: Subsection 44(2) reads as follows:
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(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(3), 223(2), 233(2) and 251(3).
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Clause 5: Subsections 57(1.1) and (1.2) are new.
Subsection 57(1) reads as follows:
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57. (1) In order for an election to be held, the Governor in Council
shall issue a proclamation that
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(a) directs the Chief Electoral Officer to issue a writ to the returning
officer for each electoral district to which the proclamation applies;
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(b) fixes the date of issue of the writ; and
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(c) fixes the date for voting at the election, which date must be at least
36 days after the issue of the writ.
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Clause 6: Section 58 reads as follows:
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58. The Chief Electoral Officer shall issue a writ in Form 1 of
Schedule 1 to the returning officer for the electoral district in which the
election is to be held without delay after the proclamation is issued by
the Governor in Council.
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Clause 7: The relevant portion of subsection 66(1)
reads as follows:
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66. (1) A nomination paper shall be in the prescribed form and
include
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(a) a statement under oath by the prospective candidate of
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(v) the name of the registered party or eligible party that has
endorsed the prospective candidate or, if none, the prospective
candidate's choice to either have the word ``independent'' or no
designation of political affiliation under his or her name in
election documents;
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Clause 8: The relevant portion of subsection 67(4)
reads as follows:
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(4) The witness shall file with the returning officer, together with the
nomination paper,
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(c) if applicable, an instrument in writing, signed by the leader of the
registered party or eligible party or by a person referred to in
subsection 383(2), that states that the prospective candidate is
endorsed by the party in accordance with section 68.
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Clause 9: Section 68 reads as follows:
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68. (1) A registered party or eligible party may endorse only one
prospective candidate in each electoral district for a given election.
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(2) If, with respect to a particular electoral district, a candidate who
has been endorsed by a registered party or eligible party dies before 2:00
p.m. on the 5th day before the closing day for nominations or withdraws
in accordance with subsection 74(1), the registered party or eligible
party may endorse another candidate in that electoral district before the
close of nominations.
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Clause 10: Section 91 reads as follows:
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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.
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Clause 11: Subsection 109(3) reads as follows:
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(3) On the request of a candidate, the Chief Electoral Officer may
provide a maximum of four additional printed copies of the final lists of
electors.
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Clause 12: Subsections 117(2) to (4) read as follows:
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(2) The name, in the form referred to in paragraph 366(2)(b), of the
registered party that has endorsed the candidate shall be listed on the
ballot under the name of the candidate if
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(a) the candidate lists it in his or her nomination paper;
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(b) the condition described in paragraph 67(4)(c) is met; and
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(c) the Chief Electoral Officer has not suspended the party.
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(3) The word ``independent'' shall be listed on the ballot under the
name of a candidate who has requested it in accordance with
subparagraph 66(1)(a)(v).
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(4) Neither the word ``independent'' nor any other political
affiliation is to be set out under the name of a candidate on the ballot if
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(a) the candidate has elected under subparagraph 66(1)(a)(v) to have
no political affiliation; or
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(b) the Chief Electoral Officer suspends a registered party or does not
register the eligible party and the candidate has made a request under
subparagraph 66(1)(a)(v) to have that registered party or eligible
party listed under their name on the ballot.
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Clause 13: Section 165 reads as follows:
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165. No person shall use a loudspeaking device within hearing
distance of a polling station on polling day for the purpose of promoting
or opposing a registered party or the election of a candidate.
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Clause 14: (1) The relevant portion of subsection
166(1) reads as follows:
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166. (1) No person shall
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(a) post or display in, or on the exterior surface of, a polling place any
campaign literature or other material that could be taken as an
indication of support for or opposition to a registered party or the
election of a candidate;
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(b) while in a polling station, wear any emblem, flag, banner or other
thing that indicates that the person supports or opposes any
candidate or registered party, or the political or other opinions
entertained, or supposed to be entertained, by the candidate or
registered party; and
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(2) Subsection 166(2) reads as follows:
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(2) Despite paragraph (1)(b), a representative of a candidate in a
polling station may, in the manner authorized by the Chief Electoral
Officer, wear a badge identifying his or her function and the political
affiliation of the candidate.
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Clause 15: Subsection 279(3) reads as follows:
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(3) The deputy returning officer shall not reject a special ballot for
the sole reason that the elector has written, in addition to the name of a
candidate, the name of the registered party or the word ``independent'',
if the ballot clearly indicates the elector's intent.
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Clause 16: The relevant portion of section 324 reads
as follows:
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324. Subsection 323(1) does not apply in respect of
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(a) the transmission, before the blackout period described in that
subsection, of a message that was previously transmitted to the
public on what is commonly known as the Internet and that was not
changed during that period; or
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Clause 17: Subsection 335(1) reads as follows:
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335. (1) In the period beginning on the issue of the writs for a general
election and ending at midnight on the second day before polling day,
every broadcaster shall, subject to the regulations made under the
Broadcasting Act and the conditions of its licence, make available for
purchase by all registered parties for the transmission of political
announcements and other programming produced by or on behalf of the
registered parties, six and one-half hours of broadcasting time during
prime time on its facilities.
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Clause 18: The relevant portion of subsection 345(1)
reads as follows:
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345. (1) In the period beginning on the issue of the writs for a general
election and ending at midnight on the second day before polling day
at that election, every network operator shall, subject to the regulations
made under the Broadcasting Act and to the conditions of its licence,
make available, at no cost, to the registered parties and eligible parties
referred to in subsection (2), for the transmission of political
announcements and other programming produced by or on behalf of
those parties, broadcasting time as determined under that subsection if
the network formed and operated by the network operator
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Clause 19: The relevant portion of section 348 reads
as follows:
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348. No person shall charge a registered party, any other political
party or a candidate or a person acting on behalf of any of them,
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(a) a rate for broadcasting time made available to the party or
candidate, in the period beginning on the issue of the writ and ending
at midnight on the second day before polling day, that exceeds the
lowest rate charged by the person for an equal amount of equivalent
time on the same facilities made available to any other person at any
time within that period; or
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Clause 20: (1) Subsection 359(1) reads as follows:
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359. (1) Every third party shall file an election advertising report in
the prescribed form with the Chief Electoral Officer within four months
after polling day.
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(2) and (3) The relevant portion of subsection 359(2)
reads as follows:
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(2) An election advertising report shall contain
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(a) in the case of a general election,
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(ii) a list of all election advertising expenses other than those
referred to in paragraph (a) and the time and place of broadcast
or publication of the advertisements to which the expenses relate;
and
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(b) in the case of a by-election, a list of election advertising expenses
referred to in subsection 350(3) and the time and place of the
broadcast or publication of the advertisements to which the expenses
relate.
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Clause 21: The relevant portion of section 403 reads
as follows:
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403. Within six months after a merger
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(b) the merged party shall provide the Chief Electoral Officer with
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(i) a statement of its assets and liabilities, including any surplus
or deficit, at the date of the merger,
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(ii) a report as to whether, in the auditor's opinion, the statement
presents fairly the information on which it was based, and
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Clause 22: Section 441 reads as follows:
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441. (1) The base amount of a candidate's election expenses in an
electoral district is the aggregate of the following amounts, based on the
number of electors on the preliminary lists of electors for the electoral
district or on the revised lists of electors for the electoral district,
whichever is greater:
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(a) $2.07 for each of the first 15,000 electors,
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(b) $1.04 for each of the next 10,000 electors, and
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(c) $0.52 for each of the remaining electors.
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(2) If the number of electors on the preliminary lists of electors for
an electoral district is less than the average number of such electors for
all electoral districts in a general election or, in the case of a by-election,
in the immediately preceding general election, then, for the purpose of
subsection (1), the number of electors is deemed to be the number that
is half-way between the number referred to in that subsection and that
average number.
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(3) If the number of electors per square kilometre on the preliminary
lists of electors for an electoral district is less than 10, the base amount
for that electoral district is increased by the lesser of $0.31 per square
kilometre and 25% of the base amount.
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(4) If a candidate for an electoral district whose nomination was
endorsed by a registered party dies in the period beginning at 2:00 p.m.
on the 5th day before the closing day for nominations and ending on
polling day, the base amount for that electoral district is increased by
50%.
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Clause 23: Section 467 reads as follows:
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467. On receipt of a certificate under section 465 or confirmation of
compliance under section 466 in an amount of $250 or more, the
Receiver General shall pay out of the Consolidated Revenue Fund to the
auditor the amount billed, up to the lesser of 3% of the candidate's
election expenses and $1,500.
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Clause 24: Section 504 reads as follows:
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504. In the case of judicial proceedings involving a registered party
or a suspended party,
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(a) the party is deemed to be a person; and
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(b) any act or thing done or omitted to be done by an officer, a chief
agent or other registered agent of the registered party or suspended
party, as the case may be, within the scope of their authority to act is
deemed to be an act or thing done or omitted to be done by the
registered party or suspended party.
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Clause 25: Subsection 517(7) reads as follows:
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(7) The Commissioner and the contracting party may renegotiate the
terms of the compliance agreement at the request of the contracting
party at any time before it is fully executed.
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Clause 26: Section 558 reads as follows:
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558. An official agent need only include in an electoral campaign
return of a candidate the information referred to in subparagraph
451(2)(i) in respect of contributions made since the coming into force
of this section.
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Clause 27: Subsection 3(2) reads as follows:
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(2) The eleven commissions established pursuant to subsection (1)
shall consider and report on the readjustment of the representation of the
provinces in the House of Commons required to be made on the
completion of each decennial census.
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