RECOMMANDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments”.

SOMMAIRE

This enactment amends the Canada Elections Act to establish spending limits for third parties and political parties during a defined period before the election period of a general election held on a day fixed under that Act. It also establishes measures to increase transparency regarding the participation of third parties in the electoral process. Among other things that it does in this regard, the enactment

(a) adds reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys to the reporting requirements for third parties engaging in election advertising;

(b) creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); and

(c) creates an obligation for political parties and third parties to identify themselves in partisan advertising during the defined period before the election period.

The enactment also amends the Act to implement measures to reduce barriers to participation and increase accessibility. Among other things that it does in this regard, the enactment

(a) establishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;

(b) broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;

(c) creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;

(d) amends some of the rules regarding the treatment of candidates’ expenses, including the rules related to childcare expenses, expenses related to the care of a person with a disability and litigation expenses;

(e) amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;

(f) allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;

(g) removes limitations on public education and information activities conducted by the Chief Electoral Officer;

(h) removes two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years and the requirement that they intend to return to Canada to resume residence in the future; and

(i) extends voting hours on advance polling days.

The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment

(a) removes the assignment of specific responsibilities set out in the Act to specific election officers by creating a generic category of election officer to whom all those responsibilities may be assigned;

(b) limits election periods to a maximum of 50 days;

(c) removes administrative barriers in order to facilitate the hiring of election officers;

(d) authorizes the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;

(e) removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;

(f) replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;

(g) removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;

(h) replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;

(i) relocates the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provides that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years;

(j) provides the Commissioner of Canada Elections with the authority to impose administrative monetary penalties for contraventions of provisions of Parts 16, 17 and 18 of the Act and certain other provisions of the Act;

(k) provides the Commissioner of Canada Elections with the authority to lay charges;

(l) provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;

(m) clarifies offences relating to

(n) implements a number of measures to harmonize and streamline political financing monitoring and reporting.

The enactment also amends the Act to provide for certain requirements with regard to the protection of personal information for registered parties, eligible parties and political parties that are applying to become registered parties, including the obligation for the party to adopt a policy for the protection of personal information and to publish it on its Internet site.

The enactment also amends the Parliament of Canada Act to prevent the calling of a by-election when a vacancy in the House of Commons occurs within nine months before the day fixed for a general election under the Canada Elections Act.

It also amends the Public Service Employment Act to clarify that the maximum period of employment of casual workers in the Office of the Chief Electoral Officer — 165 working days in one calendar year — applies to those who are appointed by the Commissioner of Canada Elections.

Finally, the enactment contains transitional provisions, makes consequential amendments to other Acts and repeals the Special Voting Rules.

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

Titre abrégé

Titre abrégé

1 Loi sur la modernisation des élections.

2000, ch. 9

Loi électorale du Canada

2014, ch. 12, par. 2(2)

2 (1) Les définitions de dépense de campagne à la direction et dépense de campagne d’investiture, au paragraphe 2(1) de la Loi électorale du Canada, sont abrogées.

2007, ch. 21, art. 1; 2014, ch. 12, par. 2(7)

(2) Les définitions de bien immobilisé, fonctionnaire électoral, jour du scrutin, prescrit et Registre des électeurs, au paragraphe 2(1) de la même loi, sont respectivement remplacées par ce qui suit :

capital asset means any property with a commercial value of more than $200 that

• (a) in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;

• (b) in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and

• (c) in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest.‍ (bien immobilisé)

election officer means a person referred to in subsection 22(1) or appointed under section 32.‍ (fonctionnaire électoral)

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

prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer.‍ (prescrit)

Register of Electors means the Register of Electors established under paragraph 44(1)‍(a).‍ (Registre des électeurs)

(3) L’alinéa b) de la définition de documents électoraux, au paragraphe 2(1) de la même loi, est remplacé par ce qui suit :

• (b) the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;

2001, ch. 21, par. 1(2)‍(A); 2014, ch. 12, par. 2(4)

(4) Les alinéas f) et g) de la définition de documents électoraux, au paragraphe 2(1) de la même loi, sont remplacés par ce qui suit :

• (f) the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, including

  • (i) stubs and unused ballot papers,

  • (ii) ballot papers cast for the various candidates,

  • (iii) spoiled ballot papers,

  • (iv) rejected ballot papers,

  • (v) the list of electors used at the polling station, advance polling station or returning officer’s office,

  • (vi) written authorizations of candidates’ representatives,

  • (vii) used transfer certificates, if any, and

  • (viii) registration certificates; and

• (g) the prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.‍1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector.‍ (documents électoraux)

(5) L’alinéa a) de la définition de annulé, au paragraphe 2(1) de la même loi, est remplacé par ce qui suit :

• (a) one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; or

2001, ch. 21, par. 1(1)

(6) La définition de appartenance politique, au paragraphe 2(1) de la version française de la même loi, est remplacée par ce qui suit :

appartenance politique S’agissant d’un candidat, la désignation du parti politique qui le soutient ou la désignation « indépendant(e) », selon le cas, mentionnée dans son acte de candidature conformément au sous-alinéa 66(1)a)‍(v).‍ (political affiliation)

(7) Le paragraphe 2(1) de la même loi est modifié par adjonction, selon l’ordre alphabétique, de ce qui suit :

election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

• (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

• (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

• (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

• (d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

• (e) the making of telephone calls to electors only to encourage them to vote.‍ (publicité électorale)

election advertising expense means an expense incurred in relation to

• (a) the production of an election advertising message; and

• (b) the transmission of an election advertising message to the public.‍ (dépenses de publicité électorale)

election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated.‍ (sondage électoral)

future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age.‍ (futur électeur)

National Capital Region means the National Capital Region as described in the schedule to the National Capital Act. (région de la capitale nationale)

partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

• (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

• (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

• (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

• (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

• (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

• (f) the making of telephone calls to electors only to encourage them to vote.‍ (publicité partisane)

partisan advertising expense means an expense incurred in relation to

• (a) the production of a partisan advertising message; and

• (b) the transmission of a partisan advertising message to the public.‍ (dépenses de publicité partisane)

potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who

• (a) is selected in a nomination contest;

• (b) is deemed to be a candidate under section 477;

• (c) is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or

• (d) has the support of a political party to be a candidate of that party. (candidat potentiel)

pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.‍1(2) for the holding of a general election and ending on the day before the earlier of

• (a) the first day of an election period for a general election, and

• (b) the 37th day before the Monday referred to in subsection 56.‍1(2) or, if the Governor in Council makes an order under subsection 56.‍2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)

Register of Future Electors means the Register of Future Electors established under paragraph 44(1)‍(b).‍ (Registre des futurs électeurs)

2014, ch. 12, par. 2(8)

(8) Le paragraphe 2(1.‍1) de la même loi est remplacé par ce qui suit :

Commercial value of capital assets

(1.‍1) For the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower of

(9) Le paragraphe 2(3) de la même loi est remplacé par ce qui suit :

Satisfactory proof of identity and residence

(3) For the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.

(10) L’article 2 de la même loi est modifié par adjonction, après le paragraphe (6), de ce qui suit :

Definitions of election advertising and partisan advertising

(7) For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes

3 Les articles 3 à 5 de la même loi sont remplacés par ce qui suit :

Persons qualified as electors

3 Every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.

4 L’article 7 de la même loi est abrogé.

5 L’article 8 de la même loi est modifié par adjonction, après le paragraphe (2), de ce qui suit :

Person residing outside Canada

(2.‍1) The place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.

6 (1) Le passage de l’article 10 de la même loi précédant l’alinéa a) est remplacé par ce qui suit :

Former member candidates and electors living with them

10 (1) Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, the polling division in which is located

(2) Les alinéas 10(1)b) et d) de la même loi sont abrogés.

(3) L’article 10 de la même loi est modifié par adjonction, après le paragraphe (1), de ce qui suit :

Former member candidates and electors living with them — notice to returning officer

(2) If a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division in

2003, ch. 22, art. 100

7 L’article 11 de la même loi est abrogé.

8 Le paragraphe 15(1) de la même loi est remplacé par ce qui suit :

Rank, powers and duties

15 (1) Subject to subsections 509.‍1(2) and (3), the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

2014, ch. 12, art. 5

9 (1) Le paragraphe 16.‍1(3) de la même loi est remplacé par ce qui suit :

Consultations

(3) Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.‍1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 45 days after the day on which the copy is sent.

2014, ch. 12, art. 5

(2) Les paragraphes 16.‍1(5) à (7) de la même loi sont remplacés par ce qui suit :

Issuance

(7) The Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.‍4 as soon as possible after preparing it.

2014, ch. 12, art. 5

10 (1) Le paragraphe 16.‍2(2) de la même loi est remplacé par ce qui suit :

Consultations

(2) Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.‍1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 30 days after the day on which the copy is sent.

2014, ch. 12, art. 5

(2) Le paragraphe 16.‍2(4) de la même loi est remplacé par ce qui suit :

Pre-publication

(4) Within 90 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 90-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 90 days after polling day for that election.

2014, ch. 12, art. 5

11 L’article 16.‍3 de la même loi est remplacé par ce qui suit :

New interpretation

16.‍3 If an opinion that is published under subsection 16.‍2(4) interprets a provision of the Act in a way that contradicts an interpretation of that provision provided in a previously issued opinion, the new interpretation does not replace the former interpretation until the date that the new opinion is issued under section 16.‍2.

2014, ch. 12, art. 5.‍1

12 Le paragraphe 16.‍5(1) de la même loi est abrogé.

2014, ch. 12, art. 7

13 L’article 17.‍1 de la même loi est abrogé.

2014, ch. 12, art. 7

14 Les paragraphes 18(1) à (2) de la même loi sont remplacés par ce qui suit :

Public education and information programs

18 (1) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

Communication with public

(1.‍1) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic rights to vote and to be a candidate.

Information outside Canada

(1.‍2) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.

Communication with electors with a disability

(2) The Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.‍2) in an advertising message is accessible to electors with a disability:

Communication with future electors with a disability

(2.‍1) If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.‍1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability.

2014, ch. 12, art. 8

15 Les articles 18.‍01 et 18.‍1 de la même loi sont remplacés par ce qui suit :

International cooperation

18.‍01 The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.

Voting studies

18.‍1 (1) The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.

Alternative voting

(2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.

Voting technology — electors with a disability

(3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.

Prior approval

(4) Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

2014, ch. 12, art. 8

16 Le paragraphe 18.‍2(1) de la même loi est remplacé par ce qui suit :

Power to enter into contracts, etc.

18.‍2 (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.

2003, ch. 22, art. 102(A)

17 L’article 19 de la même loi et l’intertitre le précédant sont remplacés par ce qui suit :

Staff

Staff

19 The staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act.

2014, ch. 12, art. 10

18 Le paragraphe 20(2) de la même loi est remplacé par ce qui suit :

Casual and temporary staff

(2) Any additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.

19 L’article 21 de la même loi est remplacé par ce qui suit :

Delegation

21 The Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.

20 (1) L’alinéa 22(1)c) de la même loi est remplacé par ce qui suit :

• (c) persons authorized by a returning officer under section 27 to exercise powers or perform duties under this Act;

2014, ch. 12, par. 12(2)

(2) Les alinéas 22(1)d) à k) de la même loi sont abrogés.

(3) L’alinéa 22(1)o) de la même loi est abrogé.

(4) L’alinéa 22(3)f) de la même loi est remplacé par ce qui suit :

• (f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act or the Referendum Act, or a regulation made under the Referendum Act, or under an Act of the legislature of a province, or a regulation made under an Act of the legislature of a province, relating to provincial, municipal or school board elections.

(5) Les paragraphes 22(4) et (5) de la même loi sont remplacés par ce qui suit :

Qualifications

(4) An election officer must be qualified as an elector, and an election officer referred to in paragraph (1)‍(a.‍1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.

Election officers younger than 18

(5) Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.

21 L’article 23 de la même loi est remplacé par ce qui suit :

Solemn declaration

23 (1) Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.

Prohibition

(2) No election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.

Sending of solemn declarations

(3) The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.

2014, ch. 12, art. 13

22 (1) Les alinéas 23.‍2(9)a) et b) de la même loi sont remplacés par ce qui suit :

• (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;

• (b) fails to competently exercise a field liaison officer’s powers or competently perform a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

2014, ch. 12, art. 13

(2) L’alinéa 23.‍2(9)c) de la version anglaise de la même loi est remplacé par ce qui suit :

• (c) contravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.

23 (1) Les alinéas 24(7)a) et b) de la même loi sont remplacés par ce qui suit :

• (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising his or her powers or performing his or her duties under this Act;

• (b) fails to competently exercise a returning officer’s power or competently perform a returning officer’s duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);

(2) L’alinéa 24(7)d) de la même loi est remplacé par ce qui suit :

• (d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her powers or the performance of his or her duties under this Act.

2014, ch. 12, par. 14(2)

(3) Les paragraphes 24(8) et (9) de la même loi sont remplacés par ce qui suit :

Temporary suspension

(8) The Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).

Duration of suspension

(9) The period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.

24 Le paragraphe 26(1) de la même loi est remplacé par ce qui suit :

Assistant returning officer

26 (1) Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.

2014, ch. 12, art. 15

25 Le paragraphe 27(1) de la même loi est remplacé par ce qui suit :

Delegation

27 (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.‍1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

2006, ch. 9, art. 176; 2014, ch. 12, par. 16(1) et 16(2)‍(F)

26 Les paragraphes 28(3.‍01) et (3.‍1) de la même loi sont remplacés par ce qui suit :

Designated person to act — suspension of returning officer

(3.‍01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.‍1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

Designated person to act — absence of returning and assistant returning officers

(3.‍1) If, during the six months before the day set in accordance with subsection 56.‍1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

27 (1) Le paragraphe 29(2) de la même loi est remplacé par ce qui suit :

Appointment of substitute

(2) If 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 returning officer shall without delay appoint a substitute with the Chief Electoral Officer’s prior approval.

(2) Le paragraphe 29(4) de la même loi est remplacé par ce qui suit :

Resignation by assistant returning officer

(4) An assistant returning officer who intends to resign shall give written notice to the returning officer or, if the office of returning officer is vacant, to the Chief Electoral Officer.

28 Le paragraphe 30(4) de la même loi est remplacé par ce qui suit :

Further limitation

(4) An assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).

2001, ch. 21, art. 3(A); 2014, ch. 12, art. 17 à 21

29 L’intertitre « Disposition générale » précédant l’article 32 et les articles 32 à 39 de la même loi sont remplacés par ce qui suit :

Election officers

32 (1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.

Appointment before issue of writ

(2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

Maximum number of election officers appointed

(3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

Solicitation of names

33 (1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.

Persons whose names are provided to be appointed

(2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

Proportional distribution

(3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

Removal or replacement

(4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.

Lists of election officers

(5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.

Identification

(6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Refusal to appoint

37 (1) A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.

Recommendation of another person

(2) If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.

Record of election officers’ powers and duties

38 A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.

Election officers

39 An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.

2014, ch. 12, par. 22(2)

30 Les paragraphes 41(2) à (4) de la même loi sont remplacés par ce qui suit :

Notice

(4) When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), he or she shall notify those registered parties without delay of that right.

31 L’article 42 de la même loi est remplacé par ce qui suit :

Attribution of votes for appointments

42 For the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,

32 Les alinéas 43a) à c) de la même loi sont remplacés par ce qui suit :

• (a) knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;

• (b) without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

• (c) having been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.

2007, ch. 21, art. 3

33 Le paragraphe 43.‍1(1) de la version anglaise de la même loi est remplacé par ce qui suit :

Right of access

43.‍1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.‍m. and 9:00 p.‍m.‍, to exercise his or her powers or perform his or her duties under this Act.

34 Le titre de la partie 4 de la même loi est remplacé par ce qui suit :

Register of Electors and Register of Future Electors

35 L’intertitre « Maintenance and Communication of Register » précédant l’article 44 de la version anglaise de la même loi est remplacé par ce qui suit :

Maintenance and Communication

2001, ch. 21, art. 4; 2007, ch. 21, art. 4

36 L’article 44 de la même loi est remplacé par ce qui suit :

Maintenance of Registers

44 (1) The Chief Electoral Officer shall maintain

Contents of Registers

(2) The Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.‍2(4), 223(2), 233(2) and 251(3).

Identifier

(3) The Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

Future electors becoming electors

(4) Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors.

Inclusion optional

(5) Inclusion in the Register of Electors and the Register of Future Electors is optional.

Parental consent not necessary

(6) A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.

2007, ch. 21, art. 5

37 Le paragraphe 45(1) de la même loi est remplacé par ce qui suit :

Lists to members and registered parties

45 (1) By November 15 in each year, the Chief Electoral Officer shall make available to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.

38 L’intertitre précédant l’article 46 de la version anglaise de la même loi est remplacé par ce qui suit :

Updates

39 (1) Le passage du paragraphe 46(1) de la même loi précédant le sous-alinéa b)‍(i) est remplacé par ce qui suit :

Sources of information

46 (1) The Register of Electors and the Register of Future Electors shall be updated from

2007, ch. 21, art. 6

(2) Le paragraphe 46(1.‍1) de la même loi est remplacé par ce qui suit :

Source of information: Register of Future Electors

(1.‍01) The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.

Retention of certain information

(1.‍1) The Chief Electoral Officer may retain information collected under paragraph (1)‍(b), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

2007, ch. 21, art. 7

40 Les articles 46.‍1 et 46.‍2 de la même loi sont remplacés par ce qui suit :

Information from Minister of Citizenship and Immigration

46.‍01 Despite subparagraph 46(1)‍(a)‍(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:

Citizenship information

46.‍1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)‍(d) of that Act indicate in the return whether he or she is a Canadian citizen.

Information in respect of deceased individuals

46.‍2 For the purpose of updating the Register of Electors or Register of Future Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)‍(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)‍(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the relevant register.

2007, ch. 21, art. 8

41 Les articles 47.‍1 à 51 de la même loi sont remplacés par ce qui suit :

Other duties

47.‍1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.

Adding electors and future electors

48 (1) The Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register.

Obligation of elector or future elector

(2) An elector or future elector who wishes to be included in the relevant register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector or as a future elector, as the case may be.

Exceptions

(3) This section does not apply in respect of the inclusion of an elector or future elector that is

Listing requests

49 (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providing

Optional information

(2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector or future elector is not required to do so.

Corrections

50 An elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.

Verification

51 The Chief Electoral Officer may

42 (1) Le passage du paragraphe 52(1) de la même loi précédant l’alinéa a) est remplacé par ce qui suit :

Deletion of names

52 (1) The Chief Electoral Officer shall delete from the Register of Electors or Register of Future Electors the name of any person who

(2) L’alinéa 52(1)b) de la même loi est remplacé par ce qui suit :

• (b) is not an elector or future elector, as the case may be, subject to subsection 44(4);

2014, ch. 12, par. 23(1)

(3) L’alinéa 52(1)d) de la même loi est remplacé par ce qui suit :

• (d) is, by reason of mental incapacity, under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted; or

• (e) is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.

(4) Le paragraphe 52(2) de la même loi est remplacé par ce qui suit :

Deletion of name — discretionary

(2) The Chief Electoral Officer may delete from the Register of Electors or Register of Future Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

43 L’article 53 de la même loi devient le paragraphe 53(1) et est modifié par adjonction de ce qui suit :

Restriction — Register of Future Electors

(2) If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes of

44 L’article 54 de la même loi est remplacé par ce qui suit :

Access to personal information

54 At the written request of an elector or future elector, the Chief Electoral Officer shall send him or her all the information in the Chief Electoral Officer’s possession relating to him or her.

2007, ch. 21, art. 9

45 Le paragraphe 55(1) de la même loi est remplacé par ce qui suit :

Provincial bodies

55 (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list.

Exception

(1.‍1) Despite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.

2007, ch. 21, par. 10(1)

46 (1) Les alinéas 56a) à d) de la même loi sont remplacés par ce qui suit :

• (a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or as a future elector or relating to any other information referred to in section 49;

• (b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector or as a future elector, to that other person’s surname, given names, gender, civic address or mailing address, or to the identifier assigned to that other person by the Chief Electoral Officer, for the purpose of having that other person’s name deleted from the Register of Electors or Register of Future Electors, as the case may be;

• (c) request the listing in the Register of Electors or Register of Future Electors of the name of a person who is not qualified as an elector or as a future elector, as the case may be, knowing that the person is not so qualified;

• (d) knowingly apply to have included in the Register of Electors or Register of Future Electors the name of an animal or thing;

2007, ch. 21, par. 10(2)

(2) Le sous-alinéa 56e)‍(ii) de la même loi est remplacé par ce qui suit :

• (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or

(3) L’article 56 de la même loi est modifié par adjonction, après l’alinéa e), de ce qui suit :

• (e.‍1) knowingly use personal information that is obtained from the Register of Future Electors except as follows:

  • (i) for the purposes of updating the Register of Electors,

  • (ii) for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1),

  • (iii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or

  • (iv) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or

2001, ch. 21, art. 5

47 L’alinéa 57(1.‍2)c) de la même loi est remplacé par ce qui suit :

• (c) fix the date for voting at the election, which date must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.

48 Les paragraphes 59(2) et (3) de la même loi sont remplacés par ce qui suit :

Duties of Chief Electoral Officer

(2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and, on being ordered by the Governor in Council to do so, shall, within three months after the date of publication of the notice, issue a new writ ordering an election to be held.

Polling day

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

Postponement of election and new polling day

(4) If the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.

Postponement of election — rules

(5) If the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:

49 Le paragraphe 60(1) de la même loi est remplacé par ce qui suit :

Returning officer to open and maintain office

60 (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period.

50 L’alinéa 61(2)b) de la même loi est remplacé par ce qui suit :

• (b) make a solemn declaration in the prescribed form; and

51 Le paragraphe 64(3) de la même loi est remplacé par ce qui suit :

Notice to election officers

(3) The returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.

52 (1) L’alinéa 65a) de la version française de la même loi est remplacé par ce qui suit :

• a) les personnes qui n’ont pas qualité d’électeur le jour où leur acte de candidature est déposé;

(2) Les alinéas 65d) et e) de la même loi sont remplacés par ce qui suit :

• (e) the Chief Electoral Officer;

53 (1) Le passage de l’alinéa 66(1)a) de la même loi précédant le sous-alinéa (i) est remplacé par ce qui suit :

• (a) a solemn declaration, in the prescribed form, made by the prospective candidate of

(2) L’alinéa 66(1)a) de la même loi est modifié par adjonction, après le sous-alinéa (i), de ce qui suit :

• (i.‍1) any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),

2014, ch. 12, par. 26(1)

(3) Le sous-alinéa 66(1)a)‍(iv) de la même loi est remplacé par ce qui suit :

• (iv) the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.‍1(2);

2001, ch. 21, art. 7

(4) Le sous-alinéa 66(1)a)‍(v) de la version française de la même loi est remplacé par ce qui suit :

• (v) le nom du parti politique qui la soutient ou, faute de soutien, son intention d’être désignée par la mention « indépendant(e) » ou de n’avoir aucune désignation d’appartenance politique dans les documents électoraux;

(5) L’alinéa 66(1)a) de la même loi est modifié par adjonction, après le sous-alinéa (v), de ce qui suit :

• (vi) if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)‍(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;

(6) Les alinéas 66(1)b) et c) de la même loi sont remplacés par ce qui suit :

• (b) a statement signed by the prospective candidate consenting to the nomination;

(7) Le paragraphe 66(1) de la même loi est modifié par adjonction, après l’alinéa g), de ce qui suit :

• (h) if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).

2014, ch. 12, par. 26(2)‍(F) et (3)

(8) Les paragraphes 66(2) à (4) de la même loi sont remplacés par ce qui suit :

Particulars of candidates — name

(2) For the purpose of subparagraphs (1)‍(a)‍(i) and (i.‍1), the name shall not include any title, degree or other prefix or suffix.

Particulars of candidates — occupation

(3) For the purpose of subparagraph (1)‍(a)‍(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.

Witness ensures signatures are local electors’

(4) A witness to a signature referred to in paragraph (1)‍(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.

2015, ch. 37, par. 2(2) et 6(2)

54 L’article 67 de la même loi est remplacé par ce qui suit :

Filing of nomination paper

67 (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.

Proof of identity — prospective candidate

(2) A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:

Authorized types of identification

(3) The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.

Name prospective candidate commonly known by — documents

(4) If a prospective candidate wishes a name referred to in subparagraph 66(1)‍(a)‍(i.‍1) to appear on the ballot instead of the name referred to in subparagraph 66(1)‍(a)‍(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.

Authorized types of documents

(5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).

Auditor’s consent

(6) If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.

Authorized person

(7) A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).

Proof of identity — authorized person

(8) A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:

55 L’article 68 de la même loi est modifié par adjonction, après le paragraphe (2), de ce qui suit :

Names of endorsed candidates

(3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with

Information to returning officers

(4) As soon as feasible after receiving the information set out in paragraphs (3)‍(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)‍(b).

56 (1) Le paragraphe 70(2) de la version française de la même loi est remplacé par ce qui suit :

Clôture des candidatures

(2) Un acte de candidature ne peut être reçu de quiconque entre au bureau du directeur du scrutin après 14 h le jour de clôture.

(2) Le paragraphe 70(3) de la même loi est remplacé par ce qui suit :

Designated filing place

(3) The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer: