Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
252 Subsection 382(3) of the Act is amended by adding the following after paragraph (a):
(a.1) the total litigation expenses;
(a.2) the total travel and living expenses that are related to travel and sojourns during the election period;
(a.3) the total accessibility expenses;
Marginal note:2014, c. 12, s. 86; 2015, c. 37, s. 3
253 Section 383 of the Act is repealed.
254 (1) Subsection 385(2) of the Act is amended by striking out “and” at the end of paragraph (i) and by adding the following after paragraph (j):
(k) the party’s policy for the protection of personal information, including
(i) a statement indicating the types of personal information that the party collects and how it collects that information,
(ii) a statement indicating how the party protects personal information under its control,
(iii) a statement indicating how the party uses personal information under its control and under what circumstances that personal information may be sold to any person or entity,
(iv) a statement indicating the training concerning the collection and use of personal information to be given to any employee of the party who could have access to personal information under the party’s control,
(v) a statement indicating the party’s practices concerning
(A) the collection and use of personal information created from online activity, and
(B) its use of cookies, and
(vi) the name and contact information of a person to whom concerns regarding the party’s policy for the protection of personal information can be addressed; and
(l) the address of the page — accessible to the public — on the party’s Internet site where its policy for the protection of personal information is published under subsection (4).
(2) Section 385 of the Act is amended by adding the following after subsection (2):
Marginal note:Short-form name
(2.1) The Chief Electoral Officer may establish a maximum length for a political party’s short-form name that is to be shown in election documents.
(3) Section 385 of the Act is amended by adding the following after subsection (3):
Marginal note:Publication of policy for the protection of personal information
(4) A political party shall publish on its Internet site its policy for the protection of personal information referred to in paragraph (2)(k) before its leader applies under this section for the party to become a registered party.
255 The Act is amended by adding the following after section 385:
Marginal note:Policy for the protection of personal information — parties already registered, etc.
385.1 (1) Within three months after the day on which this section comes into force, the leader of a political party shall provide the Chief Electoral Officer with the party’s policy for the protection of personal information referred to in paragraph 385(2)(k) and the Internet address referred to in paragraph 385(2)(l), if
(a) before the day on which this section comes into force, the leader of the party has applied under section 385 for the party to become a registered party but, as of that day, the Chief Electoral Officer has not yet informed the leader under subsection 389(1) whether or not the party is eligible for registration under section 387; or
(b) on the day on which this section comes into force, the party is
(i) an eligible party, or
(ii) a registered party.
Marginal note:Failure to comply
(2) If the leader of the political party does not comply with subsection (1), then
(a) in the case of a party referred to in paragraph (1)(a), the party is not eligible for registration under section 387;
(b) in the case of a party referred to in subparagraph (1)(b)(i), the party may not become a registered party under section 390; and
(c) in the case of a party referred to in subparagraph (1)(b)(ii), the Chief Electoral Officer shall implement the procedure for non-voluntary deregistration set out in sections 415, 416 and 418.
Marginal note:Deemed inclusion in application for registration
(3) If the leader of a political party provides the Chief Electoral Officer with the policy and the address referred to in subsection (1) in compliance with that subsection, or in compliance with section 415, then the policy and the address are deemed, as of the day on which they are provided, to be included in the application for registration referred to in subsection 385(2) in respect of the party.
256 Section 390 of the Act is amended by adding the following after subsection (5):
Marginal note:Eligible party deemed registered
(6) For the purposes of section 429.1 and — despite subsection (5) — sections 363 and 367, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the first day of the pre-election period — if any — before the election period of the election referred to in that subsection.
Marginal note:2014, c. 12, s. 86
257 Section 394 of the Act is replaced by the following:
Marginal note:Registry of political parties
394 The Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h), (k) and (l) and subsections 396(2) and 418(2).
258 The Act is amended by adding the following after section 405:
Marginal note:Publication of changes to policy for the protection of personal information
405.1 As soon as feasible after reporting a change in its policy for the protection of personal information to the Chief Electoral Officer in writing under subsection 405(1), a registered party or an eligible party shall publish on its Internet site the updated version of the policy, incorporating the change set out in the report.
Marginal note:2014, c. 12, s. 86
259 Subsection 408(5) of the Act is replaced by the following:
Marginal note:Prohibition — false or misleading declaration
(5) No person shall make a declaration referred to in paragraph 385(2)(i) or subsection 407(2) that they know is false or misleading.
260 Section 412 of the Act is renumbered as subsection (1) and is amended by adding the following:
Marginal note:Deregistration — failure to publish updated policy for the protection of personal information
(2) The Chief Electoral Officer may deregister a registered party if the party fails to publish an updated version of its policy for the protection of personal information on its Internet site in accordance with section 405.1.
Marginal note:Deregistration — failure to continue to have policy for the protection of personal information
(3) The Chief Electoral Officer may deregister a registered party if the party fails to continue to have a policy for the protection of personal information referred to in paragraph 385(2)(k).
261 Section 426 of the Act is amended by adding the following after subsection (2):
Marginal note:Expenses incurred by registered agent other than chief agent
(2.1) Despite subsection (2), a registered agent — other than the chief agent — of a registered party shall, before incurring the party’s expenses, obtain the written authorization of the chief agent to incur those expenses, and shall incur them only in accordance with that authorization.
262 The Act is amended by adding the following after section 429:
Maximum Partisan Advertising Expenses
Marginal note:Maximum partisan advertising expenses
429.1 (1) The maximum amount that is allowed for partisan advertising expenses of a registered party for a pre-election period is $1,400,000.
Marginal note:Inflation adjustment factor
(2) The amount referred to in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.
Marginal note:Prohibition — partisan advertising expenses more than maximum amount
429.2 (1) No chief agent of a registered party shall incur partisan advertising expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 429.1.
Marginal note:Prohibition — circumventing maximum amount
(2) No registered party shall circumvent, or attempt to circumvent, that maximum amount in any manner, including by acting in collusion with a potential candidate for the purpose of his or her engaging in partisan advertising so that the combined total of the following exceeds the maximum amount:
(a) the potential candidate’s partisan advertising expenses that relate to the partisan advertising engaged in in collusion with the party; and
(b) the party’s partisan advertising expenses.
Marginal note:Prohibition — collusion by third party
(3) No third party, within the meaning of paragraph (a.1) of the definition third party in section 349, shall act in collusion with a registered party for the purpose of the registered party’s circumventing that maximum amount.
Marginal note:Message to be authorized
429.3 A registered party, or a person acting on its behalf, that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the party’s registered agents.
Marginal note:2014, c. 12, s. 86
263 Subsection 430(2) of the Act is replaced by the following:
Marginal note:Maximum expenses: postponement of polling day
(2) If the Governor in Council orders the postponement of an election under subsection 59(4) for one or more electoral districts, along with the corresponding extension of the election period, then the maximum amount calculated under subsection (1) for a registered party that has endorsed a candidate in that or any of those electoral districts is increased by adding to it the product of
(a) $0.735 multiplied by the number of names on the preliminary list of electors in the electoral districts governed by the order in which the party has endorsed a candidate, or the number of names on the revised list of electors in those electoral districts, whichever is greater, and divided by the number of days in the election period before it was extended;
(b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election; and
(c) the number of days by which the election period is extended.
Marginal note:2014, c. 12, s. 86
264 Subsection 431(2) of the Act is replaced by the following:
Marginal note:Prohibition — collusion
(2) No registered party and no third party, within the meaning of paragraph (b) of the definition third party in section 349, shall act in collusion with each other for the purpose of the registered party’s circumventing the maximum amount referred to in subsection (1).
Marginal note:2014, c. 12, s. 86
265 Subparagraphs 432(2)(j)(i) and (ii) of the Act are replaced by the following:
(i) as an election expense, each of
(A) the expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and
(B) the non-monetary contributions used by the registered party as an election expense, and
(ii) the accessibility expenses incurred by the registered party;
Marginal note:2014, c. 12, s. 86
266 Subsection 433(1) of the Act is replaced by the following:
Marginal note:Quarterly returns
433 (1) If a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall, for each quarter — in respect of a fiscal period of the registered party — that follows that general election, beginning with the quarter that immediately follows that general election and ending with the quarter in which polling day at the next general election is held, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).
Marginal note:2014, c. 12, s. 86
267 The heading before section 437 of the Act is replaced by the following:
Reporting on Expenses
Marginal note:2014, c. 12, s. 86
268 (1) The portion of subsection 437(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Contents of return
(2) An election expenses return shall set out
Marginal note:2014, c. 12, s. 86
(2) Paragraphs 437(2)(a) and (b) of the Act are replaced by the following:
(a) as an election expense, each of
(i) the expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and
(ii) the non-monetary contributions used by the registered party as an election expense;
(b) the accessibility expenses incurred by the registered party; and
(c) in the case of a general election held on a day set in accordance with subsection 56.1(2) or section 56.2, the partisan advertising expenses incurred by the registered party in relation to partisan advertising messages transmitted during the pre-election period.
Marginal note:2014, c. 12, s. 86
269 The heading before section 444 of the Act is replaced by the following:
Reimbursement of Election Expenses and Accessibility Expenses
Marginal note:2014, c. 12, s. 86
270 The portion of subsection 444(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Certificate
444 (1) On receipt from a registered party of the documents referred to in subsection 437(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is the sum of 50% of the registered party’s election expenses, as set out in the return for its general election expenses, that were paid by its registered agents and 90% — to a maximum of $250,000 — of the registered party’s accessibility expenses, as set out in that return, that were paid by its registered agents, if
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