Bill C-63

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Royal Assent

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Outcome of objection	(5) After an objection is dealt with by the returning officer, the returning officer shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list.
1993, c. 19, s. 31	35. Sections 71.3 and 71.31 of the Act are replaced by the following:
	REVISED LIST OF ELECTORS AND OFFICIAL LIST OF ELECTORS
Revised list of electors	71.31 (1) Each returning officer shall, on the eleventh day before polling day, prepare a revised list of electors for each polling division in the electoral district.
Official list of electors	(2) Each returning officer shall, on the third day before polling day, prepare the official list of electors for each polling division in the electoral district.
Form of lists	(3) The lists referred to in subsections (1) and (2) shall be in the form established by the Chief Electoral Officer.
Transmittal of lists	(4) Each returning officer shall deliver to the appropriate deputy returning officers the portions of the lists mentioned in subsections (1) and (2) that they need to conduct the vote in their respective polling divisions, with an indication of the sex of each elector named therein.
Copies to candidates	(5) Each returning officer shall deliver to each candidate two copies of the lists mentioned in subsections (1) and (2), one being in printed form and one in electronic form.
Extra copies	(6) Where a request is received from a candidate, a maximum of four additional printed copies of the lists referred to in subsections (1) and (2) may be provided by the returning officer.
1993, c. 19, s. 31	36. Subsection 71.32(1) of the Act is replaced by the following:
Final list of electors	71.32 (1) The Chief Electoral Officer shall, as soon as possible after polling day, prepare a final list of electors for each electoral district.
1993, c. 19, s. 31	37. Section 71.33 of the Act is repealed.
1993, c. 19, s. 31	38. (1) Paragraph 71.34(a) of the Act is replaced by the following:
	(a) obstructs a returning officer, assistant returning officer or revising agent in the performance of duties under this Act;
1993, c. 19, s. 31	(2) Paragraph 71.34(b) of the Act is replaced by the following:
	(b) without authority, carries or uses identification intended to be used by a revising agent or intended to replace or simulate the identification prescribed by the Chief Electoral Officer for that purpose;
1993, c. 19, s. 31	(3) Paragraph 71.34(c) of the Act is replaced by the following:
	(c) having been replaced as assistant returning officer or revising agent by the returning officer, refuses to deliver or give up to that person's replacement or to an authorized person any papers or documents that the person has received or prepared in the performance of that person's duties;
	(d) knowingly makes a false or misleading statement, orally or in writing, relating to his or her qualification as an elector or relating to the information specified in section 71.017;
	(e) knowingly makes a false or misleading statement, orally or in writing, relating to another person's qualifications as an elector, surname, given names, sex, civic address or mailing address for the purpose of having that person's name deleted from the Register of Electors;
	(f) requests the listing in the Register of Electors of the name of a person who is not qualified as an elector, or the name of an animal or object; or
	(g) uses the whole or any part of
	(i) the Register of Electors, or
	(ii) a list of electors prepared for the purposes of this Act
	for other than purposes described in section 71.35 or political purposes, as defined in subsection 2(1) of Schedule II, a federal election or referendum, or an election or referendum held pursuant to provincial law.
	38.1 The Act is amended by adding the following after section 71.34:
	USE OF LISTS OF ELECTORS
Registered parties	71.35 (1) A registered party that, under section 71.013 or 71.32, is entitled to receive a copy of the list of electors or the final list of electors may use the list for communicating with electors, and without restricting the generality of the foregoing, it may use the list for soliciting contributions and recruiting members.
Candidates	(2) A candidate who, under section 71.12 or 71.31, is entitled to receive a copy of the preliminary list of electors, the revised list of electors or the official list of electors may use the list for communicating with electors during an election period, and without restricting the generality of the foregoing, the candidate may use the list during an election period for soliciting contributions and campaigning.
	AMALGAMATION OF POLLING DIVISIONS
	39. Subsection 72(1) of the Act is replaced by the following:
Amalgama- tion of polling divisions	72. (1) After the end of the revision period for the lists of electors, a returning officer may, on the prior approval of the Chief Electoral Officer, amalgamate the polling division with an adjacent polling division in the electoral district.
	40. The portion of subsection 73(1) of the Act before paragraph (a) is replaced by the following:
Proclamation by returning officer	73. Within four days after the date of issue of a writ of election, a returning officer shall issue a proclamation in Form 2 under his or her hand, in the English and French languages, indicating
	41. Subsection 79(5) of the Act is replaced by the following:
Nomination day	(5) Nomination day in all electoral districts shall be Monday, the twenty-first day before polling day.
1993, c. 19, s. 43	42. Subsections 91(2) and (3) of the Act are replaced by the following:
Notice and proclamation of new nomination and polling days	(2) Notice of the day fixed for the nomination of candidates pursuant to subsection (1) shall be given by a further proclamation distributed and posted as specified by the Chief Electoral Officer, and there shall also be named by the proclamation a new day for polling, which shall be Monday, the twenty-first day after the new day fixed for the nomination of candidates.
Lists of electors	(3) The lists of electors to be used at a postponed election shall be the list of electors that was revised between the date of issue of the writ and the sixth day before the new polling day.
1993, c. 19, s. 44(3)	43. Subsection 93(4) of the Act is replaced by the following:
Returning officer to send document	(4) The returning officer shall send to each candidate, on the later of the thirty-first day before polling day and the day the candidate is nominated, up to ten copies of a document setting out a description of the boundaries of the polling divisions in the electoral district.
1993, c. 19, s. 45	44. Section 94 of the Act is repealed.
	44.1 Subsection 105(5) of the Act is replaced by the following:
Hours of polling	(5) On polling day, each deputy returning officer shall, in the manner prescribed by this Act and within the following time periods, receive the votes of the electors qualified to vote at the polling station to which that officer has been assigned:
	(a) between 8:30 a.m. and 8:30 p.m. if the electoral district is in the Newfoundland, Atlantic or Central time zone;
	(b) between 9:30 a.m. and 9:30 p.m. if the electoral district is in the Eastern time zone;
	(c) between 7:30 a.m. and 7:30 p.m. if the electoral district is in the Mountain time zone; or
	(d) between 7:00 a.m. and 7:00 p.m. if the electoral district is in the Pacific time zone.
1993, c. 19, s. 66	45. Paragraph 121(2)(b) of the Act is replaced by the following:
	(b) the deputy returning officer has ascertained with the returning officer that the elector either is listed on the preliminary list of electors or was in fact revised; or
1993, c. 19, s. 80	46. (1) Subsection 147.1(1) of the English version of the Act is replaced by the following:
Urban polling division	147.1 (1) The returning officer shall establish one or more registration offices in urban areas of the electoral district, in accordance with the instructions of the Chief Electoral Officer.
1993, c. 19, s. 80	(2) Subsections 147.1(2) and (3) of the Act are replaced by the following:
Appointment of registration officers	(2) A returning officer shall appoint, for each registration office, a registration officer to receive, on polling day, the applications for registration of electors whose names are not on the list of electors.
Solicitation of names	(2.1) Before appointing registration officers, the returning officer shall solicit the names of suitable persons from the candidates of the registered parties whose candidates finished first and second in the last election in the electoral district, to be submitted to the returning officer no later than the seventeenth day before polling day. If, by that time, sufficient names are not provided by those candidates, the returning officer may solicit names from other sources.
Equal distribution	(2.2) A returning officer shall, as far as possible, appoint one half of the registration officers from among the persons nominated by the candidate of the registered party whose candidate finished first in the last election in the electoral district, and one half from among the persons nominated by the candidate of the registered party whose candidate finished second in that election.
Oath	(2.3) Each registration officer shall take an oath in the prescribed form before beginning his or her duties.
Registration	(3) Every elector whose name is not on the list of electors may, at the registration office on polling day, register in person before a registration officer.
1993, c. 19, s. 80	(3) Subsections 147.1(5) and (6) of the Act are replaced by the following:
Represen- tative of each candidate	(5) The registration officer shall permit one representative of each candidate in the electoral district to be present in the registration office.
Registration certificate	(6) Where the elector satisfies the requirements of subsection (4), the registration officer shall give the elector a registration certificate in the prescribed form, which authorizes the elector to vote at the polling station that is established in the polling division where the elector ordinarily resides, and the elector shall sign it.
	46.1 Subsection 148(1) of the Act is replaced by the following:
Consecutive hours for voting	148. (1) Every employee who is qualified to vote shall, while the polls are open on polling day at an election, have three consecutive hours for the purpose of casting his vote and, if the hours of his employment do not allow for those three consecutive hours, his employer shall allow him such additional time for voting as may be necessary to provide those three consecutive hours.
1993, c. 19, s. 85	47. Section 156 of the Act is replaced by the following:
Offensive weapon	156. No person shall enter the office of a returning officer, a registration office, a revisal office or any polling station with any offensive weapon unless called on to do so by lawful authority.
1993, c. 19, s. 99(2)	48. Paragraph 190(1)(f) of the Act is repealed.
	49. Paragraph 193(a) of the Act is replaced by the following:
	(a) immediately after each general election, cause to be printed a report giving, by polling divisions, the number of votes polled for each candidate, the number of rejected ballots and the number of names on the final list of electors, together with any other information that the Chief Electoral Officer may deem fit to include; and
	50. The heading before section 196 of the Act is replaced by the following:
	CUSTODY OF ELECTION DOCUMENTS AND OF DOCUMENTS RELATING TO THE ESTABLISHMENT AND UPDATING OF THE REGISTER OF ELECTORS
	51. (1) Subsections 196(2) and (3) of the Act are replaced by the following:
Documents relating to Register of Electors	(1.1) The Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents relating to the establishment and updating of the Register of Electors.
Inspection of documents	(2) No election documents, or documents relating to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer pursuant to subsection (1) or (1.1) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey.
Exception	(3) Subsection (2) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner of Canada Elections appointed under section 255 from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Chief Electoral Officer or the Commissioner for the purpose of any inquiry made pursuant to section 257 or any prosecution for an offence under this Act or under section 126 of the Criminal Code in relation to anything that this Act forbids or requires to be done.
	(2) Subsections 196(6) and (7) of the Act are replaced by the following:
Filmed or electronic evidence	(5.1) In any proceedings under this Act, a print that is
	(a) made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and
	(b) certified by the Chief Electoral Officer or by a person acting in the name of, or under the direction of, the Chief Electoral Officer
	is admissible in evidence for all purposes for which the recorded document would be admitted as evidence in those proceedings, without proof of the signature or official character of the person appearing to have signed the certificate.
Order of Court	(6) An order may be made pursuant to subsection (2) by a judge on the judge's being satisfied by evidence on oath that the inspection or production of any document referred to in that subsection is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election, or for the purpose of a petition that has been filed questioning an election or a return.
Conditions of inspections	(7) Any order for the inspection or production of election documents or documents relating to the establishment or updating of the Register of Electors may be made subject to any conditions with respect to persons, time, place and mode of inspection or production that the judge deems expedient.
	52. Section 203 of the Act is repealed.
	53. Subsection 212(2) of the Act is repealed.
	54. Paragraph 247(2)(a) of the Act is replaced by the following:
	(a) where the writ of election is withdrawn or deemed to be withdrawn before nomination day, no candidate for the electoral district is entitled to any reimbursement under this section and sections 241 to 246 in respect of the candidate's election expenses;
	55. Subsection 257(2) of the Act is replaced by the following:
Chief Electoral Officer to direct inquiry	(2) Where the Chief Electoral Officer believes on reasonable grounds that any person may have committed an offence referred to in subsection 78(3), section 90, subsection 167(1) or section 174, 249 or 266, the Chief Electoral Officer shall direct the Commissioner to make any inquiry that appears to be called for in the circumstances and, in respect of that offence, the Commissioner has the same duties and powers that the Commissioner has under subsection (1).

Bill C-63

REVISED LIST OF ELECTORS AND OFFICIAL LIST OF ELECTORS

USE OF LISTS OF ELECTORS

AMALGAMATION OF POLLING DIVISIONS

CUSTODY OF ELECTION DOCUMENTS AND OF DOCUMENTS RELATING TO THE ESTABLISHMENT AND UPDATING OF THE REGISTER OF ELECTORS