Second Session, Forty-third Parliament, 69-70 Elizabeth II, 2020-2021

HOUSE OF COMMONS OF CANADA

BILL C-19 An Act to amend the Canada Elections Act (COVID-19 response)

Reprinted as amended by the Standing Committee on Procedure and House Affairs as a working copy for the use of the House of Commons at Report Stage and as reported to the House on June 21, 2021

This enactment adds a new Part to the Canada Elections Act that provides for temporary rules to ensure the safe administration of an election in the context of the coronavirus disease 2019 (COVID-19) pandemic. The new Part, among other things,

The enactment also provides for the repeal of the new Part six months after the publication of a notice confirming that the temporary rules in that Part are no longer required to ensure the safe administration of an election in the context of the COVID-19 pandemic.

2nd Session, 43rd Parliament, 69-70 Elizabeth II, 2020-2021

HOUSE OF COMMONS OF CANADA

BILL C-19

An Act to amend the Canada Elections Act (COVID-19 response)

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

PART 22 

Temporary Rules

Application

Application of Parts 1 to 21

556 Parts 1 to 21 apply, subject to this Part, to an election that is held after the day on which this section comes into force.

Application of Part 22

557 This Part applies to an election referred to in section 556.

Power to Adapt Act

Adaptation to subsection 17(1)

558 (1) Subsection 17(1) is to be read as follows:

Power to adapt Act

17 (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote, enabling the counting of votes or ensuring the health or safety of electors or election officers, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

New subsection 17(2.‍1)

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(2) Section 17 is to be read as including the following after subsection (2):

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Electronic Signatures for Nomination Papers

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Adaptation to section 66 — subsections (5) to (7)

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558.‍1 Section 66 is to be read as including the following after subsection (4):

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Signatures of Electors Resident in the Electoral District on Nomination Papers

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Adaptation to paragraphs 66(1)‍(e) and (f)

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558.‍2 Paragraphs 66(1)‍(e) and (f) are to be read as follows:

• (e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district;

• (f) for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 25 electors resident in the electoral district;

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Voting in Institutions Where Seniors and Persons with a Disability Reside

Adaptation to paragraph 127(a)

559 Paragraph 127(a) is to be read as follows:

Adaptation to subsection 538(5)

560 Subsection 538(5) is to be read as follows:

Polling station consisting of institution

561 (1) If a polling division consisting of one institution or a part of an institution is constituted under subsection 538(5), the returning officer shall establish a polling station in the institution or part of the institution.

Opening period

(2) The returning officer shall open a polling station established under subsection (1) for the days and hours during the period that begins on the 13th day before polling day and ends on polling day that the returning officer considers necessary to give electors residing in the institution or part of the institution, as the case may be, a reasonable opportunity to vote, but the polling station is not to be open for a total of more than 12 hours during that period.

Notice

(3) The returning officer shall give notice to the candidates of the days and hours that a polling station established under subsection (1) is open in accordance with the instructions of the Chief Electoral Officer.

Provisions applicable to polling station

(4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to a polling station established under subsection (1).

Opening of polling station in institution

562 (1) When the polling station established under subsection 561(1) opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present,

• (a) on the first day that the polling station is open,

  • (i) open the ballot box and ascertain that it is empty,

  • (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and

  • (iii) place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day; and

• (b) on each subsequent day that the polling station is open, place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day.

Close of polling station in institution

(2) At the close of the polling station on each day that it is open, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

Candidates may check seals

(3) The candidates or their representatives may take note of the serial numbers of the seals on any ballot box used at the polling station at the following times:

• (a) when the ballot box is placed on the table in accordance with subsection (1);

• (b) when the polling station closes on each day that it is open; and

• (c) when the votes are counted on polling day.

Ballot boxes

(4) Subsections 175(5) to (9) apply to a ballot box used at the polling station.

Adaptation to paragraph 127(a)

559 Paragraph 127(a) is to be read as follows:

Opening period

(2) The returning officer shall open a polling station established under subsection (1) for the days and hours during the period that begins on the 13th day before the first day of the polling period and ends on the last day of the polling period that the returning officer considers necessary to give electors residing in the institution or part of the institution, as the case may be, a reasonable opportunity to vote, but the polling station is not to be open for a total of more than 28 hours during that period.

Electoral Calendar and Voting Hours

Non-application — definition of polling day

562 (1) The definition polling day in subsection 2(1) does not apply.

Adaptation to definition of pre-election period

(2) Paragraph (b) of the definition pre-election period in subsection 2(1) is to be read as follows:

Definition of polling period

(3) Subsection 2(1) is to be read as including the following definition in alphabetical order:

Adaptation to subsection 2(6)

(4) Subsection 2(6) is to be read as follows:

Adaptation to subsection 17(3)

563 Subsection 17(3) is to be read as follows:

Adaptation to subsection 56.‍1(2)

564 Subsection 56.‍1(2) is to be read as follows:

Non-application — section 56.‍2

565 Section 56.‍2 does not apply.

Adaptation to paragraph 57(1.‍2)‍(c)

566 (1) Paragraph 57(1.‍2)‍(c) is to be read as follows:

Adaptation to paragraph 57(2)‍(b)

(2) Paragraph 57(2)‍(b) is to be read as follows:

Adaptation to subsection 57(3)

(3) Subsection 57(3) is to be read as follows:

Non-application — subsections 57(4) and (5)

(4) Subsections 57(4) and (5) do not apply.

Adaptation to subsection 59(3)

567 (1) Subsection 59(3) is to be read as follows:

Adaptation to subsection 59(4)

(2) In subsection 59(4), the expression “date for the new polling day” is to be read as “dates for the new polling period”.

Adaptation to paragraph 59(5)‍(a)

(3) Paragraph 59(5)‍(a) is to be read as follows:

Adaptation to portion of paragraph 59(5)‍(b) before subparagraph (i)

(4) The portion of paragraph 59(5)‍(b) before subparagraph (i) is to be read as follows:

Non-application — paragraph 59(5)‍(e)

(5) Paragraph 59(5)‍(e) does not apply.

Adaptation to paragraph 62(b)

568 Paragraph 62(b) is to be read as follows:

Adaptation to section 77

569 Section 77 is to be read as follows:

Adaptation to section 120

570 Section 120 is to be read as follows:

Adaptation to heading after section 127

571 The heading “Polling Day” after section 127 is to be read as “Polling Period”.

Adaptation to section 128

572 Section 128 is to be read as follows:

Adaptation to section 131

573 Section 131 is to be read as follows:

Adaptation to section 140

574 Section 140 is to be read as follows:

Adaptation to heading before section 161

575 The heading before section 161 is to be read as “Polling Period Registration”.

Adaptation to section 162 — paragraph (i.‍11)

576 Section 162 is to be read as including the following after paragraph (i.‍1):

Adaptation to subsection 171(2)

577 Subsection 171(2) is to be read as follows:

Adaptation to subsection 176(1)

578 In subsection 176(1), the expression “Monday the 7th day” is to be read as “Sunday, the 6th day”.

Adaptation to subsection 204(2)

579 In subsection 204(2), the expression “the date of polling day” is to be read as “the dates of the polling period”.

Adaptation to subsection 214(1), sections 229, 239 and 261, etc.

580 The following paragraphs apply if the last day of the polling period is a holiday:

• (a) subsection 214(1) is to be read as follows:

  Information to be provided to elector

  214 (1) The unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be sent before the close of polling stations on the last day of the polling period and received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.

• (b) section 229 is to be read as follows:

  Deadline for return of vote

  229 The special ballot must be sent before the close of polling stations on the last day of the polling period and received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period in order to be counted.

• (c) the portion of subsection 239(1) before paragraph (a) is to be read as follows:

  Sending and receiving special ballot — application made outside electoral district

  239 (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is sent before the close of polling stations on the last day of the polling period and is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period. The special ballot shall be transmitted by

• (d) subsection 239(2) is to be read as follows:

  Receipt of special ballot — application made in electoral district

  (2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is sent before the close of polling stations on the last day of the polling period and is received Insertion start at the office of that returning officer Insertion end no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period. The special ballot shall be transmitted by

  • (a) sending the sealed outer envelope to the returning officer by mail or any other means; or

  • (b) depositing the sealed outer envelope

    • (i) in a secure reception box installed under paragraph (2.‍1)‍(a) or subparagraph (2.‍1)‍(b)‍(i), or

    • (ii) in a ballot box for the deposit of outer envelopes installed under subparagraph (2.‍1)‍(b)‍(ii).

• (e) subsection 239(3) is to be read as follows:

  Vote counted

  (3) Despite subsection (2), a special ballot referred to in that subsection that is sent before the close of polling stations on the last day of the polling period and received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period shall be counted.

• (f) section 261 is to be read as follows:

  Deadline for return of election material

  261 Every liaison officer shall ensure that the election material referred to in section 260 is sent before the close of polling stations on the last day of the polling period and received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the Tuesday following the last day of the polling period.

• (g) subsection 267(1) is to be read as including the following after paragraph (c):

  • (c.‍1) the outer envelope was sent after the close of polling stations on the last day of the polling period;

• (h) paragraph 267(1)‍(d) is to be read as follows:

  • (d) the outer envelope has been received by the special voting rules administrator in the National Capital Region after 6:00 p.‍m. on the Tuesday following the last day of the polling period; or

• (i) subsection 277(1) is to be read as including the following after paragraph (c):

  • (c.‍1) the outer envelope was sent after the close of polling stations on the last day of the polling period; or

Adaptation to section 477.‍761 of French version

581 In section 477.‍761 of the French version of this Act, the expression “à la date” is to be read as “au dernier jour”.

Modification — day thing authorized or required to be done

582 (1) The Chief Electoral Officer may, within two days after the issue of the writ for an election,

• (a) if this Act authorizes or requires anything to be done on a day that is a certain number of days after the issue of the writ or before the first day of the polling period, modify that day by moving it forward or backward, unless that day is the closing day for nominations, by up to two days; and

• (b) if this Act authorizes or requires anything to be done within a period that ends before the first day of the polling period, modify the starting date or the ending date of that period, unless that starting date or ending date is the closing day for nominations, by up to two days.

Notice of modification

(2) The Chief Electoral Officer shall cause a notice of any modification to be published without delay in the Canada Gazette and on the Chief Electoral Officer’s Internet site.

Before the first day of the polling period

583 (1) Subject to subsections (2) and 567(4), the expression “before polling day” in Parts 1 to 21 is to be read as “before the first day of the polling period”.

Exception — before the last day of the polling period

(2) The expression “before polling day” is to be read as “before the last day of the polling period” in the following provisions:

• (a) subsection 335(1);

• (b) subsection 345(1); and

• (c) paragraph 348(a).

Exception — paragraph 359(4)‍(a) of French version

(3) In paragraph 359(4)‍(a) of the French version of this Act, the expression “précédant le jour du scrutin” is to be read as “précédant le dernier jour de la période du scrutin”.

After the last day of the polling period

584 Subject to section 588, the expressions “after polling day” and “after the polling day” in Parts 1 to 21 are to be read as “after the last day of the polling period”.

The last day of the polling period

585 (1) Subject to the other provisions of this Part, the expression “polling day” in Parts 1 to 21 is to be read as “the last day of the polling period”.

Exception — during the polling period

(2) The expression “on polling day” is to be read as “during the polling period” in the following provisions:

• (a) subsection 17(2);

• (b) section 106;

• (c) subsection 132(1);

• (d) the portion of subsection 135(1) before paragraph (a);

• (e) subsection 158(3);

• (f) the portion of subsection 161(1) before paragraph (a);

• (g) subsection 161(5.‍1);

• (h) paragraph 162(i.‍1);

• (i) section 165;

• (j) subsection 171(1);

• (k) subsection 174(2);

• (l) paragraph 533(a.‍1); and

• (m) section 541.‍1.

Exception — subsection 133(2) of English version

(3) In subsection 133(2) of the English version of this Act, the expression “on polling day” is to be read as “during the polling period”.

Exception — polling period

(4) In paragraph 489(3)‍(b.‍1), the expression “polling day” is to be read as “polling period”.

Exception — the polling period

(5) In paragraph 119(1)‍(g), the expression “polling day” is to be read as “the polling period”.

Exception — each day of the polling period

(6) The expression “polling day” is to be read as “each day of the polling period” in the following provisions:

• (a) paragraph 95(2)‍(b); and

• (b) subsection 138(1).

Exception — an election

(7) In subsection 477.‍49(2), the expression “polling day” is to be read as “an election”.

The days set

586 In Parts 1 to 21, the expressions “a day set” and “the day set” are to be read as “the days set”.

Number of days prevails

587 Any mention of a number of days before the first day of the polling period prevails over any mention of a day of the week corresponding to that number of days.

Adaptations for first general election

588 (1) The following paragraphs apply to the first general election for which the election period begins after the day on which this section comes into force, and any by-election for which the election period begins before that general election:

• (a) paragraph 357.‍01(1)‍(b) is to be read as follows:

  • (b) has incurred expenses referred to in subsection 349.‍1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before the first day of the polling period; or

• (b) paragraph 357.‍02(1)‍(b) is to be read as follows:

  • (b) has incurred expenses referred to in subsection 349.‍1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 9th day before the first day of the polling period; or

• (c) paragraph 359(4)‍(a) is to be read as follows:

  • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning the day after polling day at the general election previous to the last day of the polling period referred to in subsection (1) and ending on that last day of the polling period referred to in that subsection;

• (d) in paragraph 349.‍91(5)‍(b), subparagraph 357.‍01(5)‍(a)‍(ii) and paragraph 359(4.‍1)‍(b), a reference to paragraph 57(1.‍2)‍(c) is deemed to be a reference to that paragraph as it read immediately before the day on which this section comes into force;

• (e) section 584 does not apply to the following provisions:

  • (i) paragraph 349.‍91(1)‍(a), and

  • (ii) paragraph 349.‍92(1)‍(a);

• (f) section 585 does not apply to the following provisions:

  • (i) paragraph 349.‍91(5)‍(b),

  • (ii) subparagraph 357.‍01(5)‍(a)‍(ii), and

  • (iii) paragraph 359(4.‍1)‍(b).

Meaning of polling day

(2) For the purposes of the provisions referred to in paragraphs (1)‍(a) to (c) and subparagraphs (1)‍(e)‍(i) and (ii) and (f)‍(i) to (iii), polling day has the same meaning as it had immediately before the day on which this section comes into force.

Additional Special Voting Rules

Adaptation to subsection 232(1)

589 Subsection 232(1) is to be read as follows:

Conditions for voting by special ballot

232 (1) An elector may vote under this Division if his or her application for registration and special ballot, which may be submitted in writing or in electronic form, is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.‍m. on the 6th day before the first day of the polling period.

Adaptation to Division 4 of Part 11 — section 232.‍1

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589.‍1 Division 4 of Part 11 is to be read as including the following after section 232:

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Application available at post offices

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232.‍1 (1) An elector may obtain an application for registration and special ballot at any post office in Canada.

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Distribution of applications

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(2) For the purposes of subsection (1), the Chief Electoral Officer shall provide the Canada Post Corporation with applications for registration and special ballot and information for the public about voting under this Division.

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Adaptation to paragraph 233(1)‍(c)

590 Paragraph 233(1)‍(c) is to be read as follows:

Adaptation to section 235

591 Section 235 is to be read as follows:

Adaptation to subsection 239(2)

592 (1) Subsection 239(2) is to be read as follows:

Adaptation to section 239 — subsection (2.‍1)

(2) Section 239 is to be read as including the following after subsection (2):

Adaptation to Division 4 of Part 11 — section 243.‍2

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592.‍1 Division 4 of Part 11 is to be read as including the following after section 243.‍1:

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Voting in post-secondary educational institutions

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243.‍2 (1) The Chief Electoral Officer shall inform post-secondary educational institutions that offices for voting by special ballot may be established on their premises.

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Establishment of office

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(2) A returning officer shall establish an office for voting by special ballot on the premises of a post-secondary educational institution in that returning officer’s electoral district if

• (a) an office for voting by special ballot was established on its premises for the 2019 general election and the institution agrees to the establishment of the office; or

• (b) the institution requests the establishment of an office for voting by special ballot on its premises and the returning officer is of the opinion that an office may be established for that purpose.

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Application and voting in office

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(3) An elector who applies in person to vote at an office established under subsection (2) shall be given a special ballot and may vote by following the procedure for voting by special ballot and return the outer envelope to an election officer at such an office.

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Voting in office

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(4) An elector who has received a special ballot, other than an elector referred to in subsection (3), may vote in person at an office established under subsection (2) by following the procedure for voting by special ballot and return their outer envelope to an election officer at that office.

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Opening period

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(5) An office established under subsection (2) may be open during the period that begins on the 18th day before the first day of the polling period and ends at 6:00 p.‍m. on the 6th day before the first day of the polling period, but the office is not to be open for a total of more than 28 hours during that period.

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Office deemed office of returning officer

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(6) For the purposes of this section, an office established under subsection (2) in an electoral district is deemed to be the office of the returning officer in that electoral district.

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Instructions

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(7) For the purposes of this section, the Chief Electoral Officer may issue any instructions that the Chief Electoral Officer considers necessary in order to execute its purposes.

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Adaptation to subsection 281.‍7(1) — paragraph (h.‍1)

593 (1) Subsection 281.‍7(1) is to be read as including the following after paragraph (h):

Adaptation to paragraph 281.‍7(1)‍(i)

(2) Paragraph 281.‍7(1)‍(i) is to be read as follows:

Adaptation to portion of subsection 549.‍1(1) before paragraph (a)

594 (1) The portion of subsection 549.‍1(1) before paragraph (a) is to be read as follows:

Adaptation to paragraph 549.‍1(1)‍(d)

(2) Paragraph 549.‍1(1)‍(d) is to be read as follows: