Bill C-2

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TABLE OF PROVISIONS

AN ACT RESPECTING THE ELECTION OF MEMBERS TO THE HOUSE OF COMMONS, REPEALING OTHER ACTS RELATING TO ELECTIONS AND MAKING CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

PART 1

ELECTORAL RIGHTS

3. Persons qualified as electors

4. Disentitlement from voting

5. Prohibition

6. Persons entitled to vote

7. Only one vote

8. Place of ordinary residence

9. Interpretation of ordinary residence

10. Members and persons living with members

11. Part 11

12. Residence at by-election

PART 2

CHIEF ELECTORAL OFFICER AND STAFF

Chief Electoral Officer

13. Appointment of Chief Electoral Officer

14. Appointment of substitute

15. Rank, powers and duties

16. Powers and duties of Chief Electoral Officer

17. Power to adapt Act

18. Public education and information programs

Assistant Chief Electoral Officer and Staff

19. Staff

20. Casual and temporary staff

21. Delegation by Chief Electoral Officer

PART 3

ELECTION OFFICERS

General

22. Election officers

23. Oath

Returning Officers and Assistant Returning Officers

24. Appointment of returning officers

25. List in Canada Gazette

26. Assistant returning officer

27. Authorization

28. Notification if returning officer incapacitated

29. Duties of returning officer

30. Additional assistant returning officer

31. Prohibition - acting in another capacity

Election Officers Appointed by Returning Officer

General

32. Election officers

Revising Agents

33. Solicitation of names

Deputy Returning Officers and Poll Clerks

34. Deputy returning officers

35. Poll clerks

36. Appointment

37. Refusal to appoint deputy returning officer

38. Replacement for deputy returning officer

Registration Officers

39. Registration offices

Equality of Votes

40. List of names to be provided

New Electoral Districts

41. Results transposed

Merger of Registered Parties

42. Attribution of votes for appointments

Prohibitions

43. Prohibitions

PART 4

REGISTER OF ELECTORS

Maintenance and Communication of Register

44. Register of Electors

45. Members and registered parties

Updating the Register

46. Sources of information

47. Duty of returning officer

48. New electors

49. Listing requests

50. Corrections

51. Verification

52. Deletion of names

53. Restrictions

54. Access to personal information

Agreements on Giving Information

55. Provincial bodies

Prohibitions

56. Prohibitions

PART 5

CONDUCT OF AN ELECTION

Writs of Election

57. Writs of election

58. Writs forwarded to returning officer

59. Withdrawal of writ

60. Returning officer to open and maintain an office

61. Appointment of staff

Notice of Election by Returning Officer

62. Notice of election

Return by Acclamation

63. Return by acclamation

Holding of an Election

64. Holding of election

PART 6

CANDIDATES

Qualifications

65. Ineligible candidates

Nomination of Candidates

66. Manner of nomination

67. Witness files nomination paper

68. Party may endorse only one candidate per district

69. Closing day for nominations

70. Hours of attendance

71. Notice to candidate of confirmation or refusal

72. Deposit to Receiver General

73. Electronic filing

74. Withdrawal of candidate

75. Minor corrections

76. Votes for persons not properly nominated to be void

77. Postponement of closing day for nominations on death of candidate

78. Postponement of election

79. Ballots void

Rights of Candidates

80. Leave of absence

81. Right of candidate to enter building

Obligations of Candidates

82. Definition of candidate

83. Appointment of official agent

84. Official agent - ineligible persons

85. Auditor - eligibility

86. Consent

87. Death, incapacity, resignation or revocation

88. Only one official agent and auditor

Prohibition

89. Ineligible candidate

90. Prohibition - official agents

91. Publishing false statements to affect election results

92. False statement of withdrawal of candidate

PART 7

REVISION OF LISTS OF ELECTORS

Preliminary Lists of Electors

93. Sending of information

94. Distribution of lists

Notice of Confirmation of Registration

95. Notice to electors

Revision Process

96. Revision of preliminary lists of electors

97. Election officers who are designated to receive applications

98. Rental of offices

99. Revision - purpose

100. Revising agents to act jointly

101. Relevant elector information

102. Notice of confirmation of registration

Objection Procedure

103. Objection by elector

104. Examination by returning officer

Revised Lists of Electors and Official Lists of Electors

105. Revised list of electors

106. Official list of electors

107. Form of lists

Merger of Polling Divisions

108. Merger of polling divisions

Final Lists of Electors

109. Final list of electors

Use of Lists of Electors

110. Registered parties

Prohibitions

111. Prohibitions in relation to lists of electors

PART 8

PREPARATION FOR THE VOTE

List of Deputy Returning Officers

112. List of deputies to candidates

Election Materials

113. Delivery to returning officers

114. Ballot boxes

115. Ballot paper

116. Ballot printed in Form 3

117. Information on the ballot

118. Property of Her Majesty

Supply of Election Materials to Deputy Returning Officer

119. Materials to be supplied to deputy returning officers

Polling Stations and Central Polling Places

120. Establishment of polling stations

121. Level access

122. Polling station in adjacent polling division

123. Central polling place

124. Appointments at central polling place

125. Mobile polling station

Prohibitions

126. Prohibitions re ballots, etc.

PART 9

VOTING

Voting Opportunities

127. Manner of voting

Polling Day

Hours

128. Hours of voting

129. Daylight-saving time

130. When polls lie in two time zones

131. By-elections

Time to Employees for Voting

132. Consecutive hours for voting

133. No penalty for absence from work to vote

134. Prohibition

Proceedings at the Poll

135. Who may be present at polling station

136. Presence of representatives

137. Candidate may act as representative

138. Initialling ballots

139. Counting of ballots before opening of poll

140. Examining and sealing ballot box

Admitting Voters

141. Calling electors

142. Electors not to be impeded

143. Elector to declare name, etc.

144. Proof of identity and residence

145. Refusal of elector

146. Name and address corresponding closely to another

147. Elector in whose name another has voted

148. Name inadvertently crossed off list

149. Elector not allowed to vote

Voting Procedure

150. Delivery of ballot to elector

151. Manner of voting

152. Spoiled ballot

153. No delay in voting

Special Voting Procedures

154. Assistance by deputy returning officer

155. Assistance by friend or relative

156. Use of interpreter

157. Elector who is confined to bed

Transfer Certificates

158. Transfer certificate for candidate

159. Transfer certificate for elector with a disability

160. Signing, numbering and recording transfer certificate

Polling Day Registration

161. Registration in person

Duties of Poll Clerk

162. Duties of poll clerk

Secrecy

163. Secret vote

164. Secrecy during and after poll

Prohibitions

165. Prohibition - use of loudspeakers on polling day

166. Prohibition - emblems, etc., in polling station

167. Prohibitions re ballots, etc.

PART 10

ADVANCE POLLING

Establishment of Advance Polling Stations

168. Establishment of advance polling districts

Registration

169. Registration at advance polling station

170. List deemed to be modified

Voting Procedure

171. Conduct of advance polls

172. Notice of advance poll

173. Who may vote at advance polls

174. Duties of deputy returning officer

175. Examining and sealing of ballot box

176. Collecting the record of votes cast at an advance polling station

PART 11

SPECIAL VOTING RULES

Interpretation and Application

177. Definitions

178. Application

179. Instructions

DIVISION 1

ADMINISTRATION AND GENERAL PROCEDURES

180. Establishment of voting territories

181. Appointment of special voting rules administrator

182. Duties of special voting rules administrator

183. Special ballot officers

184. Appointment of additional special ballot officers

185. Merger of parties

186. Form of special ballots

187. List of candidates

188. Delivery of list of candidates

189. Distribution of election materials, etc.

DIVISION 2

CANADIAN FORCES ELECTORS

Definitions

190. Definitions

Voting Entitlement and Electoral Districts

191. Canadian Forces electors

192. Voting limited to electoral district of ordinary residence

193. Voting in actual place of ordinary residence

Statement of Ordinary Residence

194. Completion on enrolment, etc.

195. Completion by reserve member not on active service

196. Statement to be sent to Chief Electoral Officer

197. Filing of reservists' statements

198. Retention of statements

Coordinating Officer

199. Designation

Steps to Prepare for Vote

200. Duties of Chief Electoral Officer

201. Duties of Minister of National Defence

202. Duties of coordinating officer

203. Duty of liaison officers to communicate with unit

Duties of Commanding Officers

204. Notice

205. Duties of commanding officer

206. Mobile polling station

207. Joint polling stations

208. Notice of polling stations and voting times

209. Election materials

Voting

210. Duties of deputy returning officer

211. Representative of registered party

212. Completion of certain documents

213. Provision of special ballot, etc.

214. Return of vote - information

215. Voting by deputy returning officer

216. Assistance

217. Hospitalized or convalescing elector

218. Duty, leave or furlough

219. End of voting period - delivery of documents

DIVISION 3

ELECTORS TEMPORARILY RESIDENT OUTSIDE CANADA

220. Definitions

221. Inclusion in register of electors temporarily resident outside Canada

222. Register of electors

223. Inclusion in register

224. Prohibition - change of address

225. Information to be provided

226. Deletion of names from register

227. Sending of special ballot and envelopes

228. Sending of outer envelope

229. Deadline for return of vote

230. Responsibilities of elector

DIVISION 4

Electors Residing in Canada

231. Definition of ``elector''

232. Conditions for voting by special ballot

233. Information required for application

234. Name of elector previously included on list of electors

235. Vote by special ballot only

236. Note on the list of electors

237. Provision of special ballot

238. Voting by special ballot

239. Sending to Chief Electoral Officer

240. Responsibilities of elector

241. Elector to be given regular ballot

242. Spoiled ballot

243. Assistance

DIVISION 5

Incarcerated Electors

244. Definition of ``elector''

245. Entitlement to vote

246. Designation of coordinating officers

247. Notification of issue of the writs

248. Liaison officers

249. Duty of coordinating officer

250. Notice of entitlement to vote

251. Application for registration and special ballot

252. List of incarcerated electors

253. Appointment of deputy returning officers and poll clerks

254. Duties of deputy returning officer

255. Mobile polling stations

256. Representative of registered party

257. Declaration of elector

258. Voting by special ballot

259. Assistance

260. Delivery of documents after the vote

261. Deadline for return of election material

262. Integration into final list of electors

DIVISION 6

COUNTING OF VOTES AT THE OFFICE OF THE CHIEF ELECTORAL OFFICER

263. Application

264. Administration

265. Directives

266. Counting of votes

267. Setting aside of outer envelope

268. Duties of special ballot officers

269. Rejection of ballots

270. Statements of the vote

271. Chief Electoral Officer to be informed of results of vote

272. Sending of material to Chief Electoral Officer

DIVISION 7

COUNTING OF VOTES IN THE OFFICE OF THE RETURNING OFFICER

273. Appointment of deputy returning officer and poll clerk

274. Candidate present at counting

275. Ballots to be kept sealed

276. Verification of envelopes

277. Setting aside of outer envelope

278. Counting of outer envelopes

279. Rejection of ballots

DIVISION 8

Communication of the Results of the Vote

280. Communication of results

Division 9

PROHIBITIONS

281. Prohibitions - inside or outside Canada

282. Prohibitions - outside Canada

PART 12

COUNTING VOTES

Polling Stations

283. Counting the votes

284. Rejection of ballots

285. Ballots not initialled by deputy returning officer

286. Objections to ballots

287. Statement of the vote

288. Marked ballots

Advance Polls

289. Counting of votes on polling day

Delivery of Ballot Boxes to Returning Officer

290. Sending ballot boxes and statement to returning officer

291. Provision of statements to candidates

292. Safekeeping of ballot boxes

PART 13

VALIDATION OF RESULTS BY THE RETURNING OFFICER

293. Validation of results

294. Witnesses at validation

295. Opening ballot box in certain cases

296. Loss or destruction of ballot boxes

297. Certificate of votes cast

298. Ballot boxes

PART 14

JUDICIAL RECOUNT

Interpretation

299. Definition of ``judge''

Recount Procedure

300. Request by returning officer for recount

301. Application for recount

302. More than one application

303. Right of candidate to attend

304. Recount procedure

305. Proceedings to be continuous

306. Security of documents

307. Judge may terminate recount

308. Procedure at conclusion of recount

309. Costs

310. Application for reimbursement of costs

Failure of Judge to Conduct Recount

311. Failure of judge to act

312. Order of court after hearing

PART 15

RETURN OF THE WRIT

313. Return of elected candidate

314. Sending of documents

315. Duplicate of return to each candidate

316. Where report made before recount

317. Procedure on receipt of return by Chief Electoral Officer

318. Equality of votes

PART 16

COMMUNICATIONS

Interpretation

319. Definitions

Election Advertising

320. Message must be authorized

321. Government means of transmission

322. Election advertising posters

323. Blackout period

324. Exceptions

325. Prohibition - prevention or impairment of transmission

Election Opinion Surveys

326. Transmission of election survey results

327. Broadcast of surveys not based on recognized statistical methods

328. Prohibition - re-transmission of election survey results during blackout period

Premature Transmission

329. Prohibition - premature transmission of results

Broadcasting outside Canada

330. Prohibition - use of broadcasting station outside Canada

Non-interference by Foreigners

331. Prohibition - inducements by non-residents

Political Broadcasts

332. Appointment of Broadcasting Arbitrator

333. Convening of representatives

334. Vacancy during election period

335. Broadcasting time to be provided to registered parties

336. Request for meeting

337. No allocation

338. Factors in allocation

339. New parties entitled to broadcasting time

340. Reallocation in case of suspension

341. Reallocation in case of merger

342. Broadcasters to be notified

343. Annual review

344. Definitions

345. Free broadcasting time

346. Broadcasting Arbitrator to issue guidelines

347. C.R.T.C. to provide guidelines to Broadcasting Arbitrator

348. Prohibition relating to rates charged

PART 17

THIRD PARTY ELECTION ADVERTISING

349. Definitions

350. Spending limit

351. No combination to exceed limit

352. Advertising must name third party

353. Registration requirement for third parties

354. Appointment of financial agent

355. Requirement to appoint auditor

356. Registry of third parties

357. Authorization by financial agent for expenses, etc.

358. Prohibition - use of foreign contributions

359. Election advertising report

360. Auditor's report

361. Corrections to election expenses report

362. Publication

PART 18

FINANCIAL ADMINISTRATION

General Provisions

363. Definition of ``electoral district association''

364. Annual fiscal period

365. Deeming

DIVISION 1

REGISTRATION OF POLITICAL PARTIES

Application for Registration

366. Application for registration

367. Withdrawal of application

368. Eligibility for registration

369. Notification of eligibility

370. Registration

371. Report on agents of eligible parties

372. Statement of assets and liabilities

373. Adjustment of fiscal period for newly registered party

374. Registry of parties

Registered Agents and Auditors

375. Registered agents

376. Agents - eligible corporations

377. Auditor - eligibility

378. Consent

379. Death, incapacity, resignation or revocation

380. Only one chief agent and auditor

381. Prohibition - agents

Change of Information in Registry of Parties

382. Changes in registered information

383. Confirmation of information at general election

384. Confirmation of registration yearly

Suspension and Deregistration of Registered Parties

385. Suspension - less than 50 candidates

386. Suspension - failure to provide documents

387. Suspension - failure to file return and auditor's report

388. Suspension - voluntary deregistration

389. Procedure for non-voluntary deregistration

390. Notice of suspension

391. Status of suspended party

392. Fiscal period and returns

393. Audited statement of value of assets

394. Application by suspended party

395. Annual fiscal period

396. Statements of expenses, auditor's reports and declaration

397. Remittance of net balance to Receiver General

398. Deregistration - suspended party

399. Remittance of remaining balance or initial surplus

Merger of Registered Parties

400. Merger application

401. Registration for eligible merged parties

402. Effective date of merger

403. Returns

DIVISION 2

GENERAL FINANCIAL PROVISIONS

Contributions

404. Ineligible contributors

405. Prohibition - making contributions

Expenses

406. Candidate's expenses for electoral campaign

407. Election expenses

408. Contributions for ticketed fund-raising functions

409. Personal expenses of a candidate

410. Evidence of payment - expense of $50 or more

411. Petty expenses

412. Publication of electoral campaign returns and election expense returns

413. Delivery to returning officers

Inflation Adjustment Factor

414. Inflation adjustment factor

DIVISION 3

FINANCIAL ADMINISTRATION OF REGISTERED PARTIES

General

415. Duty of chief agent

416. Prohibition - paying expenses

Processing of Expense Claims

417. Three months to send expense claims

418. Payment within six months

419. Irregular claims or payments - Chief Electoral Officer

420. Irregular claims or payments - judge

421. Proceeding to recover claimed payments

Maximum Election Expenses

422. Maximum election expenses

423. Prohibition - election expenses

Financial Reporting

424. Return on financial transactions

425. When contributions forwarded to Receiver General

426. Auditor's report

427. Prohibition - financial reports

Trust Funds

428. Trust funds

Election Expenses Reporting

429. Return on election expenses

430. Auditor's report on return on election expenses

431. Prohibitions - true and complete returns

Corrections and Extended Reporting Periods

432. Minor corrections - Chief Electoral Officer

433. Extension or correction - Chief Electoral Officer

434. Extension or correction - judge

Reimbursement of Election Expenses

435. Certificate

DIVISION 4

FINANCIAL ADMINISTRATION OF CANDIDATES

Powers, Duties and Functions of Official Agents

436. Duty of official agent

437. Bank account

438. Prohibition - making contributions

Notice of Nomination Meeting

439. Limits on expenses

Election Expenses Limit

440. Maximum election expenses allowed

441. Base amount of expenses

442. Estimated expenses

443. Prohibition - expenses more than maximum

Recovery of Claims

444. Claim for payment

445. Payment within four months

446. Unenforceable contracts

447. Irregular claims or payments - Chief Electoral Officer

448. Irregular claims and payments - judge

449. Proceedings to recover payment

450. Deemed contributions

Return on Financing and Expenses in an Electoral Campaign

451. Electoral campaign return of candidate

452. When contributions forwarded to Receiver General

453. Auditor's report on return on election expenses

454. Extended period for candidates outside Canada

455. Updating financial reporting documents

456. Statement of personal expenses

Corrections and Extended Reporting Periods

457. Minor corrections - Chief Electoral Officer

458. Extension or correction - Chief Electoral Officer

459. Extension or correction - judge

460. Refusal or failure of official agent

461. Recourse of candidate for fault of official agent

462. Destruction of documents - judge

463. Prohibition - false, misleading or incomplete returns

Reimbursement of Election Expenses and Personal Expenses

464. Reimbursement - first instalment

465. Reimbursement - final instalment

466. Confirmation of compliance - candidates ineligible for reimbursement

467. Reimbursement of auditor's fees

468. Return of deposit

469. Death of candidate

470. Withdrawal of writ

Surplus of Electoral Funds

471. Surplus of electoral funds

472. Notice of assessment and estimate of surplus electoral funds

473. Period for disposal of surplus electoral funds

474. Notice of disposal of surplus

475. Requisition for repayment

476. Prohibition - transfer of contributions

Supply and Use of Forms

477. Prescribed forms - Income Tax Act

478. Provision of forms to candidates

PART 19

ENFORCEMENT

Peace and Good Order at Elections

479. Duty to maintain order

Offences

General Provisions

480. Obstruction, etc., of electoral process

481. Offering bribe

482. Intimidation, etc.

Offences under Part 1 (Electoral Rights)

483. Offences requiring intent - dual procedure

Offences under Part 3 (Election Officers)

484. Strict liability offences - summary conviction

Offences under Part 4 (Register of Electors)

485. Offences requiring intent - summary conviction

Offences under Part 6 (Candidates)

486. Strict liability offences - summary conviction

Offences under Part 7 (Revision of List of Electors)

487. Offences requiring intent - summary conviction

Offences under Part 8 (Preparation for the Vote)

488. Offences requiring intent - summary conviction

Offences under Part 9 (Voting)

489. Strict liability offences - summary conviction

Offences under Part 10 (Advance Polling)

490. Offences requiring intent - dual procedure

Offences under Part 11 (Special Voting Rules)

491. Strict liability offences - summary conviction

Offences under Part 12 (Counting Votes)

492. Strict liability offences - summary conviction

Offence under Part 13 (Validation of Results by the Returning Officer)

493. Offences requiring intent - summary conviction

Offences under Part 15 (Return of the Writ)

494. Offences requiring intent - dual procedure

Offences under Part 16 (Communications)

495. Strict liability offences - summary conviction

Offences under Part 17 (Third Party Election Advertising)

496. Strict liability offences - summary conviction

Offences under Part 18 (Finance)

497. Strict liability offences - summary conviction

Offences under this Part (Enforcement)

498. Offence requiring intent - dual procedure

Offences under Part 21 (General)

499. Strict liability offence - summary conviction

Punishment

500. Punishment - strict liability offences

501. Additional penalties

Illegal Practices and Corrupt Practices

502. Illegal practice

Miscellaneous Provisions

503. Suspended parties

504. Judicial proceedings involving registered or suspended parties

505. Prosecution of third parties - groups

506. Suspended party

507. Registered party

508. Evidence

Commissioner of Canada Elections

509. Commissioner of Canada Elections

510. Chief Electoral Officer to direct inquiry

511. Commissioner may prosecute

512. Commissioner's consent required

513. Commissioner may intervene

514. Limitation period

515. Allowance of costs

Injunctions

516. Application for injunction

Compliance Agreements

517. Compliance agreements

518. If agreement complied with

519. If agreement not complied with

520. Dismissal of proceedings

521. Publication

PART 20

CONTESTED ELECTIONS

522. Means of contestation

523. Nul and void election

524. Contestation of election

525. Competent courts

526. Security, service of application

527. Time limit

528. Withdrawal of application

529. Notice of appearance

530. Evidence

531. Dismissal of application

532. Appeal

PART 21

GENERAL

Reports of Chief Electoral Officer

533. Polling division reports

534. Report to Speaker on general election

535. Report on proposed legislative amendments

536. Submission of report to House of Commons

537. Complaints

Polling Divisions

538. Minimum of 250 electors

Amendments to Schedule 3

539. Amendments to list of electoral districts

Custody of Election Documents and Documents Relating to the Register of Electors

540. Chief Electoral Officer to retain election documents

541. Inspection of instructions, correspondence and other reports

Fees and Expenses of Election Officers

542. Tariff

543. Payment of claims

544. Accountable advance

545. Increase of fees and allowances

546. Taxation of accounts

Notice

547. Giving of notices

548. Prohibition - removal of notices

Oaths and Affidavits

549. Administration of oaths, etc.

Signed Pledges by Candidates Prohibited

550. Signed pledges by candidates prohibited

By-Elections

551. Notice of withdrawal of writ

Forms

552. Tabling of forms

Payments out of Consolidated Revenue Fund

553. Amounts to be paid out of C.R.F.

Amendments

554. Application of amendments to subsequent election

PART 22

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE

Transitional Provisions

555. Statement of assets and liabilities - coming into force
before July 1

556. Financial reporting - registered parties

557. Financial reporting - merging parties

558. Electoral campaign return of candidate

Consequential Amendments

559. Electoral Boundaries Readjustment Act

560. Income Tax Act

561-565. Parliament of Canada Act

566-571. Referendum Act

572. Supreme Court Act

Repeals

573. Dominion Controverted Elections Act

574. Corrupt Practices Inquiries Act

575. Disfranchising Act

576. Canada Elections Act

Coming into Force

577. Coming into force

SCHEDULES 1 TO 3