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Bill C-399

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-399

An Act to amend the Elections Act (appointment of election officers)

R.S., c. E-2; R.S., c. 27 (1st Supp.), c. 27 (2nd Suppl.); 1989, c. 28; 1990, cc. 16, 17; 1991, cc. 11, 47; 1992, cc. 1, 21, 51; 1993, cc. 19, 28; 1994, c. 26; 1995, c. 5; 1996, cc. 26, 35

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

1. Subsection 14(1) of the Elections Act is replaced by the following:

Existing appointments of returning officers void

14. (1) The appointment of every returning officer in office on the day before this subsection comes into force is void.

Appointment of returning officers

(1.1) The Chief Electoral Officer shall appoint a returning officer for every electoral district, subject to section 302.

2. The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following:

Appointment of assistant returning officers

15. (1) The Chief Electoral Officer shall appoint in writing an assistant returning officer for every electoral district, within sixty days after a returning officer has been appointed for that district, after consultation with the returning officer and subject to section 302, who shall be a person

3. The portion of subsection 14(3) of the Act before paragraph (a) is replaced by the following:

Removal from office

(3) The Chief Electoral Officer may remove from office, for cause, any returning officer who

4. Subsection 14(4) of the Act is replaced by the following:

List in Canada Gazette

(4) The Chief Electoral Officer shall publish in the Canada Gazette, between January 1 and January 20 of each year, a list of the names, addresses and occupations of the returning officers for every electoral district in Canada.

5. Section 16 of the Act is replaced by the following:

Appointment of substitute

16. (1) Where an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act or is removed from office for any other reason, the Chief Electoral Officer shall at once appoint a substitute who, on appointment shall take the oath as required by subsection 15(2).

Resignation

(2) An assistant returning officer who intends to resign shall give written notice of the resignation to the Chief Electoral Officer and the returning officer for the electoral district.

6. Subsection 17(5) of the Act is repealed.

7. Subsections 18(1) and (2) of the Act are replaced by the following:

Designation of areas

18. (1) On request by a returning officer of any electoral district, the Chief Electoral Officer may designate areas in that electoral district.

Additional assistant

(2) The Chief Electoral Officer shall appoint an assistant returning officer for each area designated under subsection (1), in accordance with subsection 15(1).

8. Subsection 95(1) of the Act is replaced by the following:

Deputy returning officers

95. (1) As soon as convenient after the issue of the writ, the Chief Electoral Officer shall, in the prescribed form, appoint one deputy returning officer for each polling station in the electoral district, in accordance with section 302.

9. Subsection 96(1) of the Act is replaced by the following:

Replacing deputies

96. (1) The Chief Electoral Officer may relieve any deputy returning officer of his duties and appoint another person to perform those duties, in accordance with section 302.

10. Subsection 97(1) of the Act is replaced by the following:

Poll clerks

97. (1) As soon as convenient after the issue of the writ, the Chief Electoral Officer shall, in the prescribed form, appoint one poll clerk for each polling station in the electoral district, in accordance with section 302.

11. Sections 97.1 to 97.3 of the Act are repealed.

12. Subsections 98(2) and (3) of the Act are replaced by the following:

Late substitutes

(2) Where, during the 48 hours preceding the opening of the poll, a deputy returning officer or poll clerk dies or refuses or becomes unable to act, the returning officer shall appoint, in the prescribed form, another person to fulfil the duties, subject to the conditions for appointment of election officers provided in section 302, and shall promptly advise the Chief Electoral Officer of the appointment and the reasons therefor.

Poll clerk as deputy returning officer if no substitute

(3) If no appointment of a substitute deputy returning officer is made under subsection (1), the poll clerk shall act as deputy returning officer without taking another oath of office and appoint in writing a person to act as poll clerk, so far as is possible, subject to the conditions for appointment of election officers provided in section 302, who shall take the oath of office.

13. Subsection 302(1) of the Act is amended by adding the following after paragraph (c):

    (c.1) persons who have been candidates in an election or by-election under this Act for the then current or the preceding House of Commons;

    (c.2) persons who have been candidates in an election or by-election under an Act of the legislature of a province for the then current or the preceding legislative assembly;

    (c.3) persons who hold or who have held a position in a political party or who are or who have been members of a constituency association at any time during the preceding eight years;

    (c.4) persons who are known to the person making the appointment to be recognized in the community as being publicly active in support of a political party or candidate;

    (c.5) persons who are the father, mother, spouse, natural or adopted child, step-child, brother, sister, half brother, half sister, grandparent or grandchild of a candidate;

    (c.6) persons who have, during the period of the then existing Parliament or the Parliament that preceded it, served as employees in or as independent contractors to the parliamentary or constituency office of a member of the House of Commons or the office of a Senator;