Bill C-19

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SUMMARY
Canada Elections Act
Transitional Provisions
Coming into Force

Second Session, Forty-third Parliament,

69 Elizabeth II, 2020

HOUSE OF COMMONS OF CANADA

BILL C-19
An Act to amend the Canada Elections Act (COVID-19 response)

FIRST READING, December 10, 2020

PRESIDENT OF THE QUEEN’S PRIVY COUNCIL FOR CANADA

90963

SUMMARY

This enactment adds a new Part to the Canada Elections Act that provides for temporary rules to ensure the safe administration of an election in the context of the coronavirus disease 2019 (COVID-19) pandemic. The new Part, among other things,

(a) extends the Chief Electoral Officer’s power to adapt the provisions of that Act to ensure the health or safety of electors or election officers;

(b) authorizes a returning officer to constitute polling divisions that consist of a single institution where seniors or persons with a disability reside, or a part of such an institution, and to set the days and hours that a polling station established there will be open;

(d) provides for the hours of voting during the polling period;

(e) provides for the opening and closing measures at polling stations;

(f) sets the days for voting at advance polling stations;

(g) authorizes the Chief Electoral Officer to modify the day on which certain things are authorized or required to be done before the polling period by moving that day backward or forward by up to two days or the starting date or ending date of a period in which certain things are authorized or required to be done by up to two days;

(h) provides that an elector may submit an application for registration and special ballot under Division 4 of Part 11 in writing or in electronic form;

(i) provides that an elector whose application for registration and special ballot was accepted by the returning officer in their electoral district may deposit the outer envelope containing their special ballot in a secure reception box or ballot box for the deposit of outer envelopes; and

(j) prohibits installing a secure reception box for the deposit of outer envelopes unless by or under the authority of the Chief Electoral Officer or a returning officer and prohibits destroying, taking, opening or otherwise interfering with a secure reception box installed by a returning officer.

The enactment also provides for the repeal of the new Part six months after the publication of a notice confirming that the temporary rules in that Part are no longer required to ensure the safe administration of an election in the context of the COVID-19 pandemic.

Available on the House of Commons website at the following address:

www.ourcommons.ca

2nd Session, 43rd Parliament,

69 Elizabeth II, 2020

HOUSE OF COMMONS OF CANADA

BILL C-19

An Act to amend the Canada Elections Act (COVID-19 response)

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 The Canada Elections Act is amended by adding the following after section 555:

PART 22
Temporary Rules

Application

Application of Parts 1 to 21

556 Parts 1 to 21 apply, subject to this Part, to an election that is held after the day on which this section comes into force.

Application of Part 22

557 This Part applies to an election referred to in section 556.

Power to Adapt Act

Adaptation to subsection 17(1)

558 Subsection 17(1) is to be read as follows:

Power to adapt Act

17 (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote, enabling the counting of votes or ensuring the health or safety of electors or election officers, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

Voting in Institutions Where Seniors and Persons with a Disability Reside

Adaptation to paragraph 127(a)

559 Paragraph 127(a) is to be read as follows:

(a) in person at a polling station on polling day or at a polling station established under subsection 561(1);
End of inserted block

Adaptation to subsection 538(5)

560 Subsection 538(5) is to be read as follows:

Institutions

(5) A returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of one or more institutions, or a part of an institution, where seniors or persons with a disability reside.

Polling station consisting of institution

561 (1) If a polling division consisting of one institution or a part of an institution is constituted under subsection 538(5), the returning officer shall establish a polling station in the institution or part of the institution.

Opening period

(2) The returning officer shall open a polling station established under subsection (1) for the days and hours during the period that begins on the 13th day before polling day and ends on polling day that the returning officer considers necessary to give electors residing in the institution or part of the institution, as the case may be, a reasonable opportunity to vote, but the polling station is not to be open for a total of more than 12 hours during that period.

Notice

(3) The returning officer shall give notice to the candidates of the days and hours that a polling station established under subsection (1) is open in accordance with the instructions of the Chief Electoral Officer.

Provisions applicable to polling station

(4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to a polling station established under subsection (1).

Opening of polling station in institution

562 (1) When the polling station established under subsection 561(1) opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present,

(a) on the first day that the polling station is open,
- (i) open the ballot box and ascertain that it is empty,
- (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and
- (iii) place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day; and
(b) on each subsequent day that the polling station is open, place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day.
End of inserted block

Close of polling station in institution

(2) At the close of the polling station on each day that it is open, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

Candidates may check seals

(3) The candidates or their representatives may take note of the serial numbers of the seals on any ballot box used at the polling station at the following times:

(a) when the ballot box is placed on the table in accordance with subsection (1);
(b) when the polling station closes on each day that it is open; and
(c) when the votes are counted on polling day.
End of inserted block

Ballot boxes

(4) Subsections 175(5) to (9) apply to a ballot box used at the polling station.

2 Section 559 of the Act is replaced by the following:

Adaptation to paragraph 127(a)

559 Paragraph 127(a) is to be read as follows:

(a) in person at a polling station during the polling period or at a polling station established under subsection 561(1);

3 Subsection 561(2) of the Act is replaced by the following:

Opening period

(2) The returning officer shall open a polling station established under subsection (1) for the days and hours during the period that begins on the 13th day before the first day of the polling period and ends on the last day of the polling period that the returning officer considers necessary to give electors residing in the institution or part of the institution, as the case may be, a reasonable opportunity to vote, but the polling station is not to be open for a total of more than 28 hours during that period.

4 Section 562 of the Act is replaced by the following:

Electoral Calendar and Voting Hours

Non-application — definition of polling day

562 (1) The definition polling day in subsection 2(1) does not apply.

Adaptation to definition of pre-election period

(2) Paragraph (b) of the definition pre-election period in subsection 2(1) is to be read as follows:

(b) the 37th day before the Saturday referred to in subsection 56.‍1(2). (période préélectorale)
End of inserted block

Definition of polling period

(3) Subsection 2(1) is to be read as including the following definition in alphabetical order:

polling period, in relation to an election, means the period fixed for voting at the election under paragraph 57(1.‍2)‍(c) or subsection 59(4) or 77(2).‍ (période du scrutin)

Adaptation to subsection 2(6)

(4) Subsection 2(6) is to be read as follows:

Deeming — writ withdrawn

(6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, for the purposes of Parts 16.‍1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, the last day of the polling period is deemed to be the day that the writ is withdrawn or deemed to be withdrawn.

Adaptation to subsection 17(3)

563 Subsection 17(3) is to be read as follows:

Emergency — extending voting hours

(3) If voting at a polling station is interrupted on any day of the polling period by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case

(a) close later than midnight on any day of the polling period; or
(b) remain open during the polling period for a total of more than 28 hours.
End of inserted block

Adaptation to subsection 56.‍1(2)

564 Subsection 56.‍1(2) is to be read as follows:

Election dates

(2) Subject to subsection (1), each general election must be held on the Saturday, Sunday and Monday that follow the second Monday of October in the fourth calendar year following the last general election.

Non-application — section 56.‍2

565 Section 56.‍2 does not apply.

Adaptation to paragraph 57(1.‍2)‍(c)

566 (1) Paragraph 57(1.‍2)‍(c) is to be read as follows:

(c) fix the polling period, the first day of which must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.
End of inserted block

Adaptation to paragraph 57(2)‍(b)

(2) Paragraph 57(2)‍(b) is to be read as follows:

(b) the polling period shall be the same for all electoral districts; and
End of inserted block

Adaptation to subsection 57(3)

(3) Subsection 57(3) is to be read as follows:

Polling period

(3) The polling period shall be three consecutive days consisting of a Saturday, Sunday and Monday.

Non-application — subsections 57(4) and (5)

(4) Subsections 57(4) and (5) do not apply.

Adaptation to subsection 59(3)

567 (1) Subsection 59(3) is to be read as follows:

Polling period

(3) The period named in the new writ for the polling period is determined by the Governor in Council, but the first day of the period may be no later than the 50th day after the day on which the new writ was issued.

Adaptation to subsection 59(4)

(2) In subsection 59(4), the expression “date for the new polling day” is to be read as “dates for the new polling period”.

Adaptation to paragraph 59(5)‍(a)

(3) Paragraph 59(5)‍(a) is to be read as follows:

(a) if this Act authorizes or requires anything to be done on a day that is a certain number of days before the first day of the polling period or done within a period that ends before the first day of the polling period, and the day occurs or the period ends before the day on which the postponement order is made, then the first day of the polling period is deemed to still be the first day of the period fixed under paragraph 57(1.‍2)‍(c) and not the first day of the period fixed under subsection (4);
End of inserted block

Adaptation to portion of paragraph 59(5)‍(b) before subparagraph (i)

(4) The portion of paragraph 59(5)‍(b) before subparagraph (i) is to be read as follows:

(b) if this Act authorizes or requires anything to be done within a period that ends on the last day of the polling period or before that day, and the period in which the thing is authorized or required to be done ends on or after the day on which the postponement order is made, then
End of inserted block

Non-application — paragraph 59(5)‍(e)

(5) Paragraph 59(5)‍(e) does not apply.

Adaptation to paragraph 62(b)

568 Paragraph 62(b) is to be read as follows:

(b) the dates for the polling period;
End of inserted block

Adaptation to section 77

569 Section 77 is to be read as follows:

Postponement of closing day for nominations on death of candidate

77 (1) If a candidate endorsed by a registered party dies after 2:00 p.‍m. on the 5th day before the closing day for nominations and before the close of polling stations on the last day of the polling period, the election is postponed and the returning officer shall, after communicating with the Chief Electoral Officer, fix the 2nd Saturday after the death as the closing day for nominations in that electoral district.

New polling period

(2) Notice of the day fixed under subsection (1) shall be given by a further Notice of Election distributed and posted as specified by the Chief Electoral Officer, and there shall be named by the Notice of Election a new polling period, the first day of which shall be Saturday, the 21st day after the day fixed under that subsection.

Lists of electors

(3) The lists of electors to be used at a postponed election shall be the lists of electors that were revised before the 6th day before the first day of the new polling period.

Adaptation to section 120

570 Section 120 is to be read as follows:

Establishment of polling stations

120 (1) Each returning officer shall, for the polling period, establish polling stations and assign each polling division to a polling station.

Same premises for entire polling period

(2) A polling station shall be in the same premises on each day of the polling period unless the returning officer receives the prior approval of the Chief Electoral Officer to establish the polling station in different premises for one or more days during that period.

Adaptation to heading after section 127

571 The heading “Polling Day” after section 127 is to be read as “Polling Period”.

Adaptation to section 128

572 Section 128 is to be read as follows:

Hours of voting — first and second day of polling period

128 (1) The voting hours on the first and second day of the polling period are from 9:30 a.‍m. to 5:30 p.‍m.

Hours of voting — last day of polling period

(2) The voting hours on the last day of the polling period are

(a) from 8:30 a.‍m. to 8:30 p.‍m.‍, if the electoral district is in the Newfoundland, Atlantic or Central time zone;
(b) from 9:30 a.‍m. to 9:30 p.‍m.‍, if the electoral district is in the Eastern time zone;
(c) from 7:30 a.‍m. to 7:30 p.‍m.‍, if the electoral district is in the Mountain time zone; and
(d) from 7:00 a.‍m. to 7:00 p.‍m.‍, if the electoral district is in the Pacific time zone.
End of inserted block

Deeming — daylight saving time

(3) For the purpose of subsection (2), if any day of the polling period falls during a time of year when daylight saving time is observed in the majority of electoral districts, daylight saving time is deemed to be observed on that day in any electoral district in which daylight saving time is not observed during that time of year.

Deeming — standard time

(4) For the purpose of subsection (2), if any day of the polling period falls during a time of year when standard time is observed in the majority of electoral districts, standard time is deemed to be observed on that day in any electoral district in which standard time is not observed during that time of year.

Adaptation to section 131

573 Section 131 is to be read as follows:

By-elections

131 If only one by-election is held or if more than one by-election is held during the same polling period and all of them are in the same time zone, the hours of voting are

(a) on the first and second day of the polling period, from 9:30 a.‍m. to 5:30 p.‍m.‍; and
(b) on the last day of the polling period, from 8:30 a.‍m. to 8:30 p.‍m.
End of inserted block

Adaptation to section 140

574 Section 140 is to be read as follows:

Examining and sealing ballot box

140 (1) When the polling station opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present,

(a) on the first day that the polling station is open,
- (i) open the ballot box and ascertain that it is empty,
- (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and
- (iii) place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes on that day; and
(b) on each subsequent day that the polling station is open, place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes on that day.
End of inserted block

Close of polling station

Candidates may check seals

(3) The candidates or their representatives may take note of the serial numbers of the seals on any ballot box used at the polling station at the following times:

(a) when the ballot box is placed on the table in accordance with subsection (1);
(b) when the polling station closes on each day that it is open; and
(c) when the votes are counted on the last day of the polling period.
End of inserted block

Ballot boxes

(4) Subsections 175(5) to (9) apply to a ballot box used at the polling station.

Adaptation to heading before section 161

575 The heading before section 161 is to be read as “Polling Period Registration”.

Adaptation to section 162 — paragraph (i.‍11)

576 Section 162 is to be read as including the following after paragraph (i.‍1):

(i.‍11) provide, on request, the documents referred to in paragraph (i.‍1) that were prepared on the first day and the second day of the polling period to a candidate’s representative at the close of the polling station on the day those documents were prepared;
End of inserted block

Adaptation to subsection 171(2)

577 Subsection 171(2) is to be read as follows:

When advance polling stations to be open

(2) An advance polling station shall be open from 9:00 a.‍m. to 9:00 p.‍m. on Thursday, Friday, Saturday and Sunday, the 9th, 8th, 7th and 6th days, respectively, before the first day of the polling period, and shall not be open at any other time.

Adaptation to subsection 176(1)

578 In subsection 176(1), the expression “Monday the 7th day” is to be read as “Sunday, the 6th day”.

Adaptation to subsection 204(2)

579 In subsection 204(2), the expression “the date of polling day” is to be read as “the dates of the polling period”.

Adaptation to subsection 214(1), sections 229, 239 and 261, etc.

580 The following paragraphs apply if the last day of the polling period is a holiday:

(a) subsection 214(1) is to be read as follows:
End of inserted block

Information to be provided to elector
Start of inserted block
214 (1) The unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be sent before the close of polling stations on the last day of the polling period and received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.
(b) section 229 is to be read as follows:
End of inserted block

Deadline for return of vote
Start of inserted block
229 The special ballot must be sent before the close of polling stations on the last day of the polling period and received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period in order to be counted.
(c) the portion of subsection 239(1) before paragraph (a) is to be read as follows:
End of inserted block

Sending and receiving special ballot — application made outside electoral district
Start of inserted block
239 (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is sent before the close of polling stations on the last day of the polling period and is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period. The special ballot shall be transmitted by
(d) subsection 239(2) is to be read as follows:

End of inserted block
Receipt of special ballot — application made in electoral district

Start of inserted block
(2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is sent before the close of polling stations on the last day of the polling period and is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period. The special ballot shall be transmitted by
- (a) sending the sealed outer envelope to the returning officer by mail or any other means; or
- (b) depositing the sealed outer envelope
  
  (i) in a secure reception box installed under paragraph (2.‍1)‍(a) or subparagraph (2.‍1)‍(b)‍(i), or
  
  (ii) in a ballot box for the deposit of outer envelopes installed under subparagraph (2.‍1)‍(b)‍(ii).
(e) subsection 239(3) is to be read as follows:
End of inserted block

Vote counted
Start of inserted block
(3) Despite subsection (2), a special ballot referred to in that subsection that is sent before the close of polling stations on the last day of the polling period and received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period shall be counted.
(f) section 261 is to be read as follows:
End of inserted block

Deadline for return of election material
Start of inserted block
261 Every liaison officer shall ensure that the election material referred to in section 260 is sent before the close of polling stations on the last day of the polling period and received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period.
(g) subsection 267(1) is to be read as including the following after paragraph (c):
- (c.‍1) the outer envelope was sent after the close of polling stations on the last day of the polling period;
(h) paragraph 267(1)‍(d) is to be read as follows:
- (d) the outer envelope has been received by the special voting rules administrator in the National Capital Region after 6:00 p.‍m. on the Tuesday following the last day of the polling period; or
(i) subsection 277(1) is to be read as including the following after paragraph (c):
- (c.‍1) the outer envelope was sent after the close of polling stations on the last day of the polling period; or
  End of inserted block

Adaptation to section 477.‍761 of French version

581 In section 477.‍761 of the French version of this Act, the expression “à la date” is to be read as “au dernier jour”.

Modification — day thing authorized or required to be done

582 (1) The Chief Electoral Officer may, within two days after the issue of the writ for an election,

(a) if this Act authorizes or requires anything to be done on a day that is a certain number of days after the issue of the writ or before the first day of the polling period, modify that day by moving it forward or backward, unless that day is the closing day for nominations, by up to two days; and
(b) if this Act authorizes or requires anything to be done within a period that ends before the first day of the polling period, modify the starting date or the ending date of that period, unless that starting date or ending date is the closing day for nominations, by up to two days.
End of inserted block

Notice of modification

(2) The Chief Electoral Officer shall cause a notice of any modification to be published without delay in the Canada Gazette and on the Chief Electoral Officer’s Internet site.

Before the first day of the polling period

583 (1) Subject to subsections (2) and 567(4), the expression “before polling day” in Parts 1 to 21 is to be read as “before the first day of the polling period”.

Exception — before the last day of the polling period

(2) The expression “before polling day” is to be read as “before the last day of the polling period” in the following provisions:

(a) subsection 335(1);
(b) subsection 345(1); and
(c) paragraph 348(a).
End of inserted block

Exception — paragraph 359(4)‍(a) of French version

(3) In paragraph 359(4)‍(a) of the French version of this Act, the expression “précédant le jour du scrutin” is to be read as “précédant le dernier jour de la période du scrutin”.

After the last day of the polling period

584 Subject to section 588, the expressions “after polling day” and “after the polling day” in Parts 1 to 21 are to be read as “after the last day of the polling period”.

The last day of the polling period

585 (1) Subject to the other provisions of this Part, the expression “polling day” in Parts 1 to 21 is to be read as “the last day of the polling period”.

Exception — during the polling period

(2) The expression “on polling day” is to be read as “during the polling period” in the following provisions:

(a) subsection 17(2);
(b) section 106;
(c) subsection 132(1);
(d) the portion of subsection 135(1) before paragraph (a);
(e) subsection 158(3);
(f) the portion of subsection 161(1) before paragraph (a);
(g) subsection 161(5.‍1);
(h) paragraph 162(i.‍1);
(i) section 165;
(j) subsection 171(1);
(k) subsection 174(2);
(l) paragraph 533(a.‍1); and
(m) section 541.‍1.
End of inserted block

Exception — subsection 133(2) of English version

(3) In subsection 133(2) of the English version of this Act, the expression “on polling day” is to be read as “during the polling period”.

Exception — polling period

(4) In paragraph 489(3)‍(b.‍1), the expression “polling day” is to be read as “polling period”.

Exception — the polling period

(5) In paragraph 119(1)‍(g), the expression “polling day” is to be read as “the polling period”.

Exception — each day of the polling period

(6) The expression “polling day” is to be read as “each day of the polling period” in the following provisions:

(a) paragraph 95(2)‍(b); and
(b) subsection 138(1).
End of inserted block

Exception — an election

(7) In subsection 477.‍49(2), the expression “polling day” is to be read as “an election”.

The days set

586 In Parts 1 to 21, the expressions “a day set” and “the day set” are to be read as “the days set”.

Number of days prevails

587 Any mention of a number of days before the first day of the polling period prevails over any mention of a day of the week corresponding to that number of days.

Adaptations for first general election

588 (1) The following paragraphs apply to the first general election for which the election period begins after the day on which this section comes into force, and any by-election for which the election period begins before that general election:

(a) paragraph 357.‍01(1)‍(b) is to be read as follows:
- (b) has incurred expenses referred to in subsection 349.‍1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before the first day of the polling period; or
(b) paragraph 357.‍02(1)‍(b) is to be read as follows:
- (b) has incurred expenses referred to in subsection 349.‍1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 9th day before the first day of the polling period; or
(c) paragraph 359(4)‍(a) is to be read as follows:
- (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning the day after polling day at the general election previous to the last day of the polling period referred to in subsection (1) and ending on that last day of the polling period referred to in that subsection;
(d) in paragraph 349.‍91(5)‍(b), subparagraph 357.‍01(5)‍(a)‍(ii) and paragraph 359(4.‍1)‍(b), a reference to paragraph 57(1.‍2)‍(c) is deemed to be a reference to that paragraph as it read immediately before the day on which this section comes into force;
(e) section 584 does not apply to the following provisions:
- (i) paragraph 349.‍91(1)‍(a), and
- (ii) paragraph 349.‍92(1)‍(a);
(f) section 585 does not apply to the following provisions:
- (i) paragraph 349.‍91(5)‍(b),
- (ii) subparagraph 357.‍01(5)‍(a)‍(ii), and
- (iii) paragraph 359(4.‍1)‍(b).
  End of inserted block

Meaning of polling day

(2) For the purposes of the provisions referred to in paragraphs (1)‍(a) to (c) and subparagraphs (1)‍(e)‍(i) and (ii) and (f)‍(i) to (iii), polling day has the same meaning as it had immediately before the day on which this section comes into force.

5 The Act is amended by adding the following after section 588:

Additional Special Voting Rules

Adaptation to subsection 232(1)

589 Subsection 232(1) is to be read as follows:

Conditions for voting by special ballot

232 (1) An elector may vote under this Division if his or her application for registration and special ballot, which may be submitted in writing or in electronic form, is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.‍m. on the 6th day before the first day of the polling period.

Adaptation to paragraph 233(1)‍(c)

590 Paragraph 233(1)‍(c) is to be read as follows:

(c) satisfactory proof of the elector’s identity and residence, which may consist of information that, in the opinion of the Chief Electoral Officer, allows for an elector’s identity or residence to be established because it correlates with information referred to in subsection 46(1.‍1) that the Chief Electoral Officer holds for that elector;
End of inserted block

Adaptation to section 235

591 Section 235 is to be read as follows:

Vote by special ballot only

235 Once an elector’s application for registration and special ballot has been accepted, the elector may vote only under this Division unless the elector

(a) is authorized by the returning officer to vote other than under this Division;
(b) returns the special ballot that the elector received to a designated election officer in person at
- (i) the office of the returning officer in the elector’s electoral district,
- (ii) the elector’s advance polling station, or
- (iii) the elector’s polling station; or
(c) makes the solemn declaration referred to in subsection 549.‍1(1) in writing.
End of inserted block

Adaptation to subsection 239(2)

592 (1) Subsection 239(2) is to be read as follows:

Receipt of special ballot — application made in electoral district

(2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on the last day of the polling period. The special ballot shall be transmitted by

(a) sending the sealed outer envelope to the returning officer by mail or any other means; or
(b) depositing the sealed outer envelope
- (i) in a secure reception box installed under paragraph (2.‍1)‍(a) or subparagraph (2.‍1)‍(b)‍(i), or
- (ii) in a ballot box for the deposit of outer envelopes installed under subparagraph (2.‍1)‍(b)‍(ii).
  End of inserted block

Adaptation to section 239 — subsection (2.‍1)

(2) Section 239 is to be read as including the following after subsection (2):

Installation of receptacles

(2.‍1) The returning officer shall install

(a) a secure reception box outside the returning officer’s office; and
(b) one of the following receptacles at each advance polling station and each polling station in the electoral district:
- (i) a secure reception box outside the advance polling station or polling station, or
- (ii) a ballot box for the deposit of outer envelopes inside the advance polling station or polling station.
  End of inserted block

Adaptation to subsection 281.‍7(1) — paragraph (h.‍1)

593 (1) Subsection 281.‍7(1) is to be read as including the following after paragraph (h):

(h.‍1) install a secure reception box for the deposit of outer envelopes unless by or under the authority of the Chief Electoral Officer or a returning officer; or
End of inserted block

Adaptation to paragraph 281.‍7(1)‍(i)

(2) Paragraph 281.‍7(1)‍(i) is to be read as follows:

(i) destroy, take, open or otherwise interfere with a ballot box, secure reception box installed under subsection 239(2.‍1) or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.
End of inserted block

Adaptation to portion of subsection 549.‍1(1) before paragraph (a)

594 (1) The portion of subsection 549.‍1(1) before paragraph (a) is to be read as follows:

Solemn declaration — voting

549.‍1 (1) For the purposes of subsections 143(3) and (3.‍2), sections 144 and 147 and paragraphs 161(1)‍(b), 169(2)‍(b) and 235(c), the solemn declaration by which an elector proves his or her identity and residence, proves his or her residence only, proves that he or she is qualified as an elector or proves that he or she has not previously voted at the election shall be in the prescribed form, which shall include the statements that

Adaptation to paragraph 549.‍1(1)‍(d)

(2) Paragraph 549.‍1(1)‍(d) is to be read as follows:

(d) the elector has not previously voted in the election and will not vote more than once in the election, including by using a special ballot.
End of inserted block

6 Part 22 of the Act is repealed.

Transitional Provisions

Elections after repeal of Part 22 of Canada Elections Act

7 (1) The following paragraphs apply to the first general election for which the election period begins after the day on which section 6 comes into force and any by-election for which the election period begins before that general election if the previous general election was held during a three-day period:

(a) paragraph 357.‍01(1)‍(b) of the Canada Elections Act is to be read as follows:
- (b) has incurred expenses referred to in subsection 349.‍1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after the last day of the polling period at the previous general election and ending on the 23rd day before polling day; or
(b) paragraph 357.‍02(1)‍(b) of the Canada Elections Act is to be read as follows:
- (b) has incurred expenses referred to in subsection 349.‍1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after the last day of the polling period at the previous general election and ending on the 9th day before polling day; or
(c) paragraph 359(4)‍(a) of the Canada Elections Act is to be read as follows:
- (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning the day after the last day of the polling period at the general election previous to the polling day referred to in subsection (1) and ending on that polling day referred to in that subsection;
(d) in paragraph 349.‍91(5)‍(b), subparagraph 357.‍01(5)‍(a)‍(ii) and paragraph 359(4.‍1)‍(b) of the Canada Elections Act, a reference to paragraph 57(1.‍2)‍(c) is deemed to be a reference to that paragraph as it read immediately before the day on which this section comes into force; and
(e) the expression “polling day” is to be read as “the last day of the polling period” in the following provisions of the Canada Elections Act:
- (i) paragraphs 349.‍91(1)‍(a) and (5)‍(b),
- (ii) paragraph 349.‍92(1)‍(a),
- (iii) subparagraph 357.‍01(5)‍(a)‍(ii), and
- (iv) paragraph 359(4.‍1)‍(b).

Meaning of polling period

(2) For the purposes of the provisions referred to in paragraphs (1)‍(a) to (c) and (e), polling period has the same meaning as it had immediately before the day on which this section comes into force.

Words and expressions

(3) Words and expressions used in this section have the same meaning as in the Canada Elections Act.

Coming into force during election period — section 2

8 (1) If section 2 of this Act comes into force during an election period, as defined in subsection 2(1) of the Canada Elections Act, that Act, as it read immediately before the day on which that section 2 comes into force, applies with respect to that election and all related rights and obligations.

Coming into force during election period — section 6

(2) If section 6 of this Act comes into force during an election period, as defined in subsection 2(1) of the Canada Elections Act, that Act, as it read immediately before the day on which that section 6 comes into force, applies with respect to that election and all related rights and obligations.

Election within six months — amendments apply

9 Despite subsection 554(1) of the Canada Elections Act, the amendments to that Act enacted by sections 1 to 5 of this Act apply to an election for which the writ is issued within six months after the day on which this Act receives royal assent.

Coming into Force

90th day after royal assent

10 Sections 2 to 5 come into force on the 90th day after the day on which this Act receives royal assent unless, before that day, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations for the bringing into operation of those sections have been made and that they may come into force accordingly, in which case those sections come into force on the day on which the notice is published.

Six months after publication of notice

11 (1) Sections 6 and 7 come into force on the day that, in the sixth month after the month during which the Chief Electoral Officer publishes the notice described in subsection (2) in the Canada Gazette, has the same calendar number as the day on which that notice is published or, if that sixth month has no day with that number, the last day of that sixth month.

Consultation and contents of notice

(2) The Chief Electoral Officer must consult the Chief Public Health Officer, appointed under subsection 6(1) of the Public Health Agency of Canada Act, before publishing the notice, and the notice must indicate that the Chief Electoral Officer is of the opinion that the temporary rules in Part 22 of the Canada Elections Act are no longer required to ensure the safe administration of an election in the context of the coronavirus disease 2019 (COVID-19) pandemic.

Preparations complete

(3) If, after publishing the notice described in subsection (2) but before the day on which sections 6 and 7 come into force under subsection (1), the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations for the bringing into operation of those sections have been made and that they may come into force accordingly, those sections come into force on the day on which that notice is published.

Published under authority of the Speaker of the House of Commons

Bill C-19

BILL C-19 An Act to amend the Canada Elections Act (COVID-19 response)

SUMMARY

Canada Elections Act

1 The Canada Elections Act is amended by adding the following after section 555:

PART 22 Temporary Rules

Application

Application of Parts 1 to 21

Application of Part 22

Power to Adapt Act

Adaptation to subsection 17(1)

Power to adapt Act

Voting in Institutions Where Seniors and Persons with a Disability Reside

Adaptation to paragraph 127(a)

Adaptation to subsection 538(5)

Institutions

Polling station consisting of institution

Opening period

Notice

Provisions applicable to polling station

Opening of polling station in institution

Close of polling station in institution

Candidates may check seals

Ballot boxes

2 Section 559 of the Act is replaced by the following:

Adaptation to paragraph 127(a)

3 Subsection 561(2) of the Act is replaced by the following:

Opening period

4 Section 562 of the Act is replaced by the following:

Electoral Calendar and Voting Hours

Non-application — definition of polling day

Adaptation to definition of pre-election period

Definition of polling period

Adaptation to subsection 2(6)

Deeming — writ withdrawn

Adaptation to subsection 17(3)

Emergency — extending voting hours

Adaptation to subsection 56.‍1(2)

Election dates

Non-application — section 56.‍2

Adaptation to paragraph 57(1.‍2)‍(c)

Adaptation to paragraph 57(2)‍(b)

Adaptation to subsection 57(3)

Polling period

Non-application — subsections 57(4) and (5)

Adaptation to subsection 59(3)

Polling period

Adaptation to subsection 59(4)

Adaptation to paragraph 59(5)‍(a)

Adaptation to portion of paragraph 59(5)‍(b) before subparagraph (i)

Non-application — paragraph 59(5)‍(e)

Adaptation to paragraph 62(b)

Adaptation to section 77

Postponement of closing day for nominations on death of candidate

New polling period

Lists of electors

Adaptation to section 120

Establishment of polling stations

Same premises for entire polling period

Adaptation to heading after section 127

Adaptation to section 128

Hours of voting — first and second day of polling period

Hours of voting — last day of polling period

Deeming — daylight saving time

Deeming — standard time

Adaptation to section 131

By-elections

Adaptation to section 140

Examining and sealing ballot box

Close of polling station

Candidates may check seals

Ballot boxes

Adaptation to heading before section 161

Adaptation to section 162 — paragraph (i.‍11)

Adaptation to subsection 171(2)

When advance polling stations to be open

Adaptation to subsection 176(1)

Adaptation to subsection 204(2)

Adaptation to subsection 214(1), sections 229, 239 and 261, etc.

Information to be provided to elector

BILL C-19
An Act to amend the Canada Elections Act (COVID-19 response)

PART 22
Temporary Rules