Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
192 (1) The portion of subsection 284(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Rejection of ballots
284 (1) In examining the ballots, the election officer who counts the votes shall reject one
(2) Subsections 284(2) and (3) of the Act are replaced by the following:
Marginal note:Limitation
(2) No ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.
Marginal note:Counterfoils remaining attached
(3) If a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.
193 Sections 285 and 286 of the Act are replaced by the following:
Marginal note:Ballots not initialled by election officer
285 If the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).
Marginal note:Objections to ballots
286 (1) One of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it.
Marginal note:Decision of election officer
(2) Every question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1).
194 (1) Subsection 287(1) of the Act is replaced by the following:
Marginal note:Statement of vote
287 (1) The election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose.
(2) Subsection 287(2) of the English version of the Act is replaced by the following:
Marginal note:Copies of statement of vote
(2) The election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count.
195 (1) Subsections 288(1) and (2) of the Act are replaced by the following:
Marginal note:Marked ballots
288 (1) One of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them.
Marginal note:Rejected ballots
(2) One of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.
(2) The portion of subsection 288(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Documents enclosed in large envelope
(3) One of the election officers shall seal in a large envelope supplied for the purpose
(3) Subsection 288(5) of the English version of the Act is replaced by the following:
Marginal note:Sealing ballot box
(5) The ballot box shall be sealed with the seals provided by the Chief Electoral Officer.
Marginal note:2014, c. 12, s. 62
196 Sections 288.01 and 288.1 of the Act are replaced by the following:
Marginal note:Solemn declarations
288.01 One of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.
Marginal note:Periodic statements of electors who voted
288.1 One of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.
197 (1) Subsection 289(1) of the Act is replaced by the following:
Marginal note:Counting of votes on polling day
289 (1) At least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.
Marginal note:2014, c. 12, s. 63
(2) Paragraph 289(2)(a) of the Act is replaced by the following:
(a) for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; and
(3) Subsection 289(3) of the Act is replaced by the following:
Marginal note:Prohibition
(3) Subject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.
Marginal note:Exception
(4) The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if
(a) the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;
(b) the counting is done in accordance with the Chief Electoral Officer’s instructions;
(c) the counting is done in a manner that ensures the integrity of the vote; and
(d) the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.
Marginal note:2014, c. 12, s. 64
198 Section 290 of the Act is replaced by the following:
Marginal note:Sending ballot boxes and envelopes to returning officer
290 An election officer who is assigned to a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of an election officer who is assigned to a polling station, the envelope referred to in section 288.1.
Marginal note:2014, c. 12, s. 66
199 Section 292.1 of the Act is replaced by the following:
Marginal note:List of persons who made solemn declaration
292.1 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who made a solemn declaration under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.
200 Paragraphs 296(2)(b) and (c) of the Act are replaced by the following:
(b) for ascertaining the total number of votes under paragraph (a), may summon any election officer or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and
(c) may question the election officer or other person respecting the matter in question and, if necessary, ask them to make a solemn declaration in respect of the matter.
201 (1) Section 301 of the Act is amended by adding the following after subsection (1):
Marginal note:Notice to candidates
(1.1) The returning officer shall notify each candidate or his or her official agent in writing of the application for a recount.
(2) The portion of subsection 301(2) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Motifs du dépouillement
(2) Le juge fixe la date du dépouillement s’il appert, d’après l’affidavit d’un témoin digne de foi, que l’une ou l’autre des situations suivantes existe :
(3) Paragraph 301(2)(a) of the Act is replaced by the following:
(a) an election officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or
202 (1) Subsection 304(1) of the Act is replaced by the following:
Marginal note:Recount procedure
304 (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer.
Marginal note:2014, c. 12, s. 69
(2) Subsection 304(3) of the Act is replaced by the following:
Marginal note:Procedure for certain recounts
(3) In the case of a recount conducted by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.
(3) Subsection 304(5) of the Act is replaced by the following:
Marginal note:Additional powers of judge
(5) For the purpose of conducting a recount, a judge has the power to summon any election officer as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.
Marginal note:2014, c. 12, s. 70
203 Section 308 of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:
(c) return to the returning officer the election documents or election materials brought under subsection 300(4) or 301(4) for the purpose of the recount; and
(d) deliver to the returning officer the reports created in the course of the recount.
204 (1) Subsection 311(2) of the French version of the Act is replaced by the following:
Marginal note:Requête appuyée par un affidavit
(2) La requête peut être appuyée par un affidavit, qu’il n’est pas nécessaire d’intituler d’aucune manière, exposant les faits qui se rattachent au défaut de conformité.
(2) Subsection 311(4) of the French version of the Act is replaced by the following:
Marginal note:Production des affidavits
(4) Le juge visé ou toute partie intéressée peuvent déposer au bureau du greffier, du registraire ou du protonotaire du tribunal du juge auquel la requête a été présentée des affidavits en réponse à ceux que le requérant a produits; sur demande, ils en fournissent des copies au requérant.
205 (1) Paragraph 314(1)(a) of the Act is replaced by the following:
(a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from election officers;
(2) Paragraph 314(1)(c) of the Act is replaced by the following:
(c) all other documents that were used at the election, including documents prepared under paragraph 162(i.1).
Marginal note:2014, c. 12, s. 72
206 (1) The definitions election advertising and election survey in section 319 of the Act are repealed.
(2) Section 319 of the Act is amended by adding the following in alphabetical order:
- online platform
online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. (plateforme en ligne)
207 Section 321 of the Act is repealed.
208 Subsection 323(1) of the Act is replaced by the following:
Marginal note:Blackout period
323 (1) No person shall transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.
208.1 The Act is amended by adding the following after section 325:
Online Platforms
Marginal note:Online platforms that are subject to requirements
325.1 (1) This section and section 325.2 apply to any online platform that, in the 12 months before the first day of the pre-election period, in the case of the publication on the platform of a partisan advertising message, or the 12 months before the first day of the election period, in the case of the publication on the platform of an election advertising message, was visited or used by Internet users in Canada an average of at least the following numbers of times per month:
(a) 3,000,000 times, if the content of the online platform is available mainly in English;
(b) 1,000,000 times, if the content of the online platform is available mainly in French; or
(c) 100,000 times, if the content of the online platform is available mainly in a language other than English or French.
Marginal note:Registry of partisan advertising messages and election advertising messages
(2) The owner or operator of an online platform that sells, directly or indirectly, advertising space to the following persons and groups shall publish on the platform a registry of the persons’ and groups’ partisan advertising messages and election advertising messages published on the platform during that period:
(a) a registered party or eligible party;
(b) a registered association;
(c) a nomination contestant;
(d) a potential candidate or a candidate; or
(e) a third party that is required to register under subsection 349.6(1) or 353(1).
Marginal note:Information to be included in registry
(3) The registry referred to in subsection (2) shall include the following:
(a) an electronic copy of each partisan advertising message and each election advertising message published on the platform; and
(b) for each advertising message referred to in paragraph (a), the name of the person who authorized the advertising message’s publication on the platform, namely
(i) a registered agent of the registered party or eligible party, in the case of an advertising message whose publication was requested by a registered party or eligible party,
(ii) the financial agent of the registered association, in the case of an advertising message whose publication was requested by a registered association,
(iii) the financial agent of the nomination contestant, in the case of an advertising message whose publication was requested by a nomination contestant,
(iv) the official agent of the potential candidate or candidate, in the case of an advertising message whose publication was requested by a potential candidate or a candidate, and
(v) the financial agent of the registered third party, in the case of an advertising message whose publication was requested by a registered third party.
Marginal note:Publication period of registry
(4) The owner or operator of the online platform shall publish in the registry referred to in subsection (2) the information referred to in subsection (3) for each partisan advertising message and each election advertising message during the following periods:
(a) in the case of a partisan advertising message, during the period that begins on the day on which the online platform first publishes the advertising message and ends two years after
(i) the end of the election period of the general election immediately following the pre-election period, or
(ii) the day referred to in paragraph (b) of the definition pre-election period if there is no general election immediately following the pre-election period; and
(b) in the case of an election advertising message, during the period that begins on the first day on which the online platform publishes such an advertising message and ends two years after the end of the election period.
Marginal note:Information to be kept after publication period
(5) The owner or operator of the online platform shall keep the information that was included in the registry referred to in subsection (2) in respect of each partisan advertising message and each election advertising message for five years after the end of the applicable publication period referred to in subsection (4).
Marginal note:Information to be provided by advertiser
325.2 A person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2).
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