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Bill C-9

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SUMMARY

This enactment amends the Canada Elections Act with respect to the information included on ballots. It also clarifies and harmonizes certain provisions of that Act and makes a related amendment to the Electoral Boundaries Readjustment Act.

EXPLANATORY NOTES

Canada Elections Act

Clause 1: (1) The definition ``political affiliation'' in subsection 2(1) reads as follows:

``political affiliation'', in respect of a candidate, means the name of the registered party or the word ``independent'', as the case may be, referred to in subparagraph 66(1)(a)(v) in the statement included in the candidate's nomination paper.

(2) The relevant portion of the definition ``election documents'' in subsection 2(1) reads as follows:

``election documents'' means the following documents:

      . . .

      (f) the other returns from the various polling stations enclosed in sealed envelopes, as required by Part 12, and containing

        . . .

        (v) a packet containing the list of electors used at the polling station, the written appointments of candidates' representatives and the used transfer certificates, if any, and

Clause 2: Section 18.1 reads as follows:

18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means, and may devise and test an electronic voting process for future use in a general election or a by-election. Such a process may not be used for an official vote without the prior approval of the committee of the House of Commons that normally considers electoral matters.

Clause 3: The relevant portion of section 32 reads as follows:

32. After the issue of the writ, a returning officer shall appoint the following election officers in the prescribed form:

    . . .

    (d) a registration officer for each registration office.

Clause 4: Subsection 44(2) reads as follows:

(2) The Register of Electors shall contain, for each elector who is included in it, his or her surname, given names, sex, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 194(7), 195(3), 223(2), 233(2) and 251(3).

Clause 5: Subsections 57(1.1) and (1.2) are new. Subsection 57(1) reads as follows:

57. (1) In order for an election to be held, the Governor in Council shall issue a proclamation that

    (a) directs the Chief Electoral Officer to issue a writ to the returning officer for each electoral district to which the proclamation applies;

    (b) fixes the date of issue of the writ; and

    (c) fixes the date for voting at the election, which date must be at least 36 days after the issue of the writ.

Clause 6: Section 58 reads as follows:

58. The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued by the Governor in Council.

Clause 7: The relevant portion of subsection 66(1) reads as follows:

66. (1) A nomination paper shall be in the prescribed form and include

    (a) a statement under oath by the prospective candidate of

      . . .

      (v) the name of the registered party or eligible party that has endorsed the prospective candidate or, if none, the prospective candidate's choice to either have the word ``independent'' or no designation of political affiliation under his or her name in election documents;

Clause 8: The relevant portion of subsection 67(4) reads as follows:

(4) The witness shall file with the returning officer, together with the nomination paper,

    . . .

    (c) if applicable, an instrument in writing, signed by the leader of the registered party or eligible party or by a person referred to in subsection 383(2), that states that the prospective candidate is endorsed by the party in accordance with section 68.

Clause 9: Section 68 reads as follows:

68. (1) A registered party or eligible party may endorse only one prospective candidate in each electoral district for a given election.

(2) If, with respect to a particular electoral district, a candidate who has been endorsed by a registered party or eligible party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 74(1), the registered party or eligible party may endorse another candidate in that electoral district before the close of nominations.

Clause 10: Section 91 reads as follows:

91. No person shall, with the intention of affecting the results of an election, make or publish any false statement of fact in relation to the personal character or conduct of a candidate or prospective candidate.

Clause 11: Subsection 109(3) reads as follows:

(3) On the request of a candidate, the Chief Electoral Officer may provide a maximum of four additional printed copies of the final lists of electors.

Clause 12: Subsections 117(2) to (4) read as follows:

(2) The name, in the form referred to in paragraph 366(2)(b), of the registered party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if

    (a) the candidate lists it in his or her nomination paper;

    (b) the condition described in paragraph 67(4)(c) is met; and

    (c) the Chief Electoral Officer has not suspended the party.

(3) The word ``independent'' shall be listed on the ballot under the name of a candidate who has requested it in accordance with subparagraph 66(1)(a)(v).

(4) Neither the word ``independent'' nor any other political affiliation is to be set out under the name of a candidate on the ballot if

    (a) the candidate has elected under subparagraph 66(1)(a)(v) to have no political affiliation; or

    (b) the Chief Electoral Officer suspends a registered party or does not register the eligible party and the candidate has made a request under subparagraph 66(1)(a)(v) to have that registered party or eligible party listed under their name on the ballot.

Clause 13: Section 165 reads as follows:

165. No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a registered party or the election of a candidate.

Clause 14: (1) The relevant portion of subsection 166(1) reads as follows:

166. (1) No person shall

    (a) post or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a registered party or the election of a candidate;

    (b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or registered party, or the political or other opinions entertained, or supposed to be entertained, by the candidate or registered party; and

    . . .

(2) Subsection 166(2) reads as follows:

(2) Despite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the political affiliation of the candidate.

Clause 15: Subsection 279(3) reads as follows:

(3) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the name of the registered party or the word ``independent'', if the ballot clearly indicates the elector's intent.

Clause 16: The relevant portion of section 324 reads as follows:

324. Subsection 323(1) does not apply in respect of

    (a) the transmission, before the blackout period described in that subsection, of a message that was previously transmitted to the public on what is commonly known as the Internet and that was not changed during that period; or

Clause 17: Subsection 335(1) reads as follows:

335. (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the second day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions of its licence, make available for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities.

Clause 18: The relevant portion of subsection 345(1) reads as follows:

345. (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the second day before polling day at that election, every network operator shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, at no cost, to the registered parties and eligible parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection if the network formed and operated by the network operator

Clause 19: The relevant portion of section 348 reads as follows:

348. No person shall charge a registered party, any other political party or a candidate or a person acting on behalf of any of them,

    (a) a rate for broadcasting time made available to the party or candidate, in the period beginning on the issue of the writ and ending at midnight on the second day before polling day, that exceeds the lowest rate charged by the person for an equal amount of equivalent time on the same facilities made available to any other person at any time within that period; or

Clause 20: (1) Subsection 359(1) reads as follows:

359. (1) Every third party shall file an election advertising report in the prescribed form with the Chief Electoral Officer within four months after polling day.

(2) and (3) The relevant portion of subsection 359(2) reads as follows:

(2) An election advertising report shall contain

    (a) in the case of a general election,

      . . .

      (ii) a list of all election advertising expenses other than those referred to in paragraph (a) and the time and place of broadcast or publication of the advertisements to which the expenses relate; and

    (b) in the case of a by-election, a list of election advertising expenses referred to in subsection 350(3) and the time and place of the broadcast or publication of the advertisements to which the expenses relate.

Clause 21: The relevant portion of section 403 reads as follows:

403. Within six months after a merger

    . . .

    (b) the merged party shall provide the Chief Electoral Officer with

      (i) a statement of its assets and liabilities, including any surplus or deficit, at the date of the merger,

      (ii) a report as to whether, in the auditor's opinion, the statement presents fairly the information on which it was based, and

Clause 22: Section 441 reads as follows:

441. (1) The base amount of a candidate's election expenses in an electoral district is the aggregate of the following amounts, based on the number of electors on the preliminary lists of electors for the electoral district or on the revised lists of electors for the electoral district, whichever is greater:

    (a) $2.07 for each of the first 15,000 electors,

    (b) $1.04 for each of the next 10,000 electors, and

    (c) $0.52 for each of the remaining electors.

(2) If the number of electors on the preliminary lists of electors for an electoral district is less than the average number of such electors for all electoral districts in a general election or, in the case of a by-election, in the immediately preceding general election, then, for the purpose of subsection (1), the number of electors is deemed to be the number that is half-way between the number referred to in that subsection and that average number.

(3) If the number of electors per square kilometre on the preliminary lists of electors for an electoral district is less than 10, the base amount for that electoral district is increased by the lesser of $0.31 per square kilometre and 25% of the base amount.

(4) If a candidate for an electoral district whose nomination was endorsed by a registered party dies in the period beginning at 2:00 p.m. on the 5th day before the closing day for nominations and ending on polling day, the base amount for that electoral district is increased by 50%.

Clause 23: Section 467 reads as follows:

467. On receipt of a certificate under section 465 or confirmation of compliance under section 466 in an amount of $250 or more, the Receiver General shall pay out of the Consolidated Revenue Fund to the auditor the amount billed, up to the lesser of 3% of the candidate's election expenses and $1,500.

Clause 24: Section 504 reads as follows:

504. In the case of judicial proceedings involving a registered party or a suspended party,

    (a) the party is deemed to be a person; and

    (b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the registered party or suspended party, as the case may be, within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the registered party or suspended party.

Clause 25: Subsection 517(7) reads as follows:

(7) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the contracting party at any time before it is fully executed.

Clause 26: Section 558 reads as follows:

558. An official agent need only include in an electoral campaign return of a candidate the information referred to in subparagraph 451(2)(i) in respect of contributions made since the coming into force of this section.

Electoral Boundaries Readjustment Act

Clause 27: Subsection 3(2) reads as follows:

(2) The eleven commissions established pursuant to subsection (1) shall consider and report on the readjustment of the representation of the provinces in the House of Commons required to be made on the completion of each decennial census.

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