Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
316 The Act is amended by adding the following after section 478.92:
Marginal note:Prohibition — false or misleading declaration
478.921 No leadership contestant shall send to their financial agent a declaration referred to in paragraph 478.8(1)(d) that they know or ought reasonably to know is false or misleading.
Marginal note:2014, c. 12, s. 86
317 Section 478.93 of the Act is replaced by the following:
Marginal note:Prohibition — false, misleading or incomplete document
478.93 No financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) that
(a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) in the case of a document referred to in paragraph 478.8(1)(a), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
318 The Act is amended by adding the following after section 478.93:
Payment of Audit Expenses
Marginal note:Certificate
478.931 (1) On receipt of the documents referred to in subsection 478.8(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of
(a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the leadership contestant’s leadership contest expenses and $1,500, and
(b) $250.
Marginal note:Payment
(2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.
Marginal note:Inflation adjustment factor
(3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the day on which the leadership contest ends.
Marginal note:2014, c. 12, s. 86
319 Section 478.94 of the Act is replaced by the following:
Marginal note:Surplus of leadership campaign funds
478.94 (1) The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of the following is more than the sum of the contestant’s leadership campaign expenses paid from the bank account referred to in subsection 478.72(1) and any transfers referred to in paragraph 364(5)(b):
(a) contributions accepted by the leadership campaign agents on behalf of the contestant;
(b) money received from the sale referred to in subsection (2);
(c) amounts referred to in subsection 365(3); and
(d) any other amounts received by the contestant for their leadership campaign that are required to be deposited into the bank account referred to in subsection 478.72(1) and are not repayable.
Marginal note:Sale of capital assets
(2) Before the surplus amount of leadership campaign funds is disposed of in accordance with sections 478.95 and 478.96, a leadership contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a leadership campaign expense.
320 (1) Subsections 479(2) and (3) of the Act are replaced by the following:
Marginal note:Duty to maintain order
(2) Every election officer is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.
Marginal note:Order to leave
(3) In performing his or her duty under subsection (1) or (2), an election officer may order a person to leave the returning officer’s office or other place where the vote is taking place if the person is committing — or the officer believes on reasonable grounds that the person has committed — in the office or place an offence under this Act, any other Act of Parliament or any regulation made under any other Act of Parliament that threatens the maintenance of order.
(2) Subsections 479(5) to (7) of the Act are replaced by the following:
Marginal note:Removal of material
(7) If a returning officer or other election officer believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer may cause any material that they believe on reasonable grounds was used in contravention of that paragraph to be removed from, in the case of a returning officer, his or her office or, in the case of any other election officer, the polling station.
(3) Subsection 479(8) of the English version of the Act is replaced by the following:
Marginal note:Peace officer protection
(8) Every election officer has, while exercising their powers or performing their duties under this section, all the protection that a peace officer has by law.
321 Subsection 480(1) of the Act is replaced by the following:
Marginal note:Obstruction, etc., of electoral process
480 (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 480.1, 481, 482 or 482.1 or contravening a provision referred to in any of sections 484 to 499.
Marginal note:2014, c. 12, s. 88
322 Section 480.1 of the Act is renumbered as subsection 480.1(1) and is amended by adding the following:
Marginal note:Exception
(2) A person does not commit an offence under subsection (1) if they establish that the representation was manifestly for the purpose of parody or satire.
323 Sections 481 and 482 of the Act are replaced by the following:
Marginal note:Misleading publications
481 (1) Every person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate if
(a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; and
(b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate.
Marginal note:Factors
(2) In determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use of
(a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or
(b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party.
Marginal note:Exception — parody or satire
(3) A person or entity does not commit an offence under subsection (1) if they establish that the material was manifestly distributed, transmitted or published for the purpose of parody or satire.
Marginal note:Unauthorized use of computer
482 (1) Every person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election,
(a) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;
(b) uses or causes to be used, directly or indirectly, a computer system with intent to
(i) commit an offence under paragraph (a),
(ii) destroy or alter computer data,
(iii) render computer data meaningless, useless or ineffective,
(iv) obstruct, interrupt or interfere with the lawful use of computer data, or
(v) obstruct, interrupt or interfere with a person or entity in the lawful use of computer data or deny access to computer data to a person or entity that is entitled to access to it;
(c) uses, possesses or traffics in, or permits another person or entity to have access to, a computer password that would enable a person or entity to commit an offence under paragraph (a) or (b); or
(d) attempts to commit any offence referred to in paragraphs (a) to (c).
Marginal note:Words and expressions
(2) Words and expressions used in subsection (1) have the same meaning as in subsection 342.1(2) of the Criminal Code.
324 Section 483 of the Act and the heading before it are repealed.
325 (1) Subsection 484(1) of the French version of the Act is replaced by the following:
Marginal note:Responsabilité stricte — déclaration sommaire
484 (1) Commet une infraction l’ancien fonctionnaire électoral qui contrevient à l’alinéa 43c) (défaut de remettre des documents électoraux et du matériel électoral).
(2) Subsection 484(2) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.1) being an election officer, knowingly contravenes section 39 (failure to exercise or perform the powers or duties assigned by a returning officer in accordance with the Chief Electoral Officer’s instructions); or
(3) Paragraph 484(3)(b) of the Act is replaced by the following:
(b) knowingly contravenes subsection 23(2) (communication of information or use of personal information for unauthorized purpose);
(4) Paragraph 484(3)(e) of the Act is replaced by the following:
(e) contravenes paragraph 43(a) (obstruction of election officer) or knowingly contravenes paragraph 43(b) (impersonation of election officer); or
(5) Paragraph 484(3)(f) of the French version of the Act is replaced by the following:
f) l’ancien fonctionnaire électoral qui contrevient sciemment à l’alinéa 43c) (défaut de remettre des documents électoraux et du matériel électoral).
326 Section 485 of the Act and the heading before it are replaced by the following:
Offences under Part 4 (Register of Electors and Register of Future Electors)
Marginal note:Offences requiring intent — summary conviction
485 (1) Every person who contravenes paragraph 56(e) or (e.1) (unauthorized use of personal information recorded in Register of Electors or Register of Future Electors) is guilty of an offence.
Marginal note:Offences requiring intent — dual procedure
(2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors or Register of Future Electors) is guilty of an offence.
Marginal note:2006, c. 9, s. 56(2)(F)
327 (1) Paragraphs 486(3)(c) and (d) of the Act are replaced by the following:
(c) contravenes subsection 91(1) (making or publishing false statement to affect election results); or
(d) knowingly contravenes section 92 (publishing false statement of withdrawal of candidate).
(2) Section 486 of the Act is amended by adding the following after subsection (3):
Marginal note:Offences requiring intent — dual procedure
(4) Every entity is guilty of an offence that
(a) contravenes subsection 91(1) (making or publishing false statement to affect election results); or
(b) knowingly contravenes section 92 (publishing false statement of candidate’s withdrawal).
Marginal note:2007, c. 21, s. 38(1); 2014, c. 12, s. 93(1) and (2)
328 (1) Paragraphs 489(2)(a) to (b) of the Act are repealed.
Marginal note:2014, c. 12, s. 93(3)
(2) Paragraphs 489(2)(d) and (e) of the Act are repealed.
(3) Subsection 489(3) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).
(4) Paragraphs 489(3)(c) to (g) of the Act are repealed.
Marginal note:2014, c. 12, s. 94
329 Paragraphs 490(a.1) to (c) of the Act are replaced by the following:
(a.1) being an election officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);
(b) being an election officer, knowingly contravenes subsection 174(2) (failure to record vote);
(c) being an election officer, contravenes any of subsections 175(1) to (3) and (5) (failure to take required measures with respect to advance polling) or subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or
(d) being a returning officer, contravenes subsection 176(2) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.
Marginal note:2014, c. 12, s. 94.1
330 (1) Subsection 491(2) of the Act is repealed.
(2) Paragraphs 491(3)(a) to (e) of the Act are replaced by the following:
(a) being a unit election officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1) or, being an election officer, contravenes section 257 or subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;
(b) being an election officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or
(c) being an election officer, contravenes any of subsection 276(1), section 277, subsections 278(1) and (3) and section 279 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.
331 The Act is amended by adding the following after section 491:
Offences under Part 11.1 (Prohibitions in relation to Voting)
Marginal note:Offences requiring intent — summary conviction
491.1 Every person is guilty of an offence who
(a) contravenes subsection 281.6(2) (attempting to obtain information about elector’s vote);
(b) knowingly contravenes any of paragraphs 281.6(3)(a) to (c) (secrecy at the poll);
(c) knowingly contravenes subsection 281.6(4) (secrecy — marked ballot);
(d) knowingly contravenes paragraph 281.7(1)(c) (ballots);
(e) knowingly contravenes paragraph 281.8(1)(a) (photograph or video of marked ballot);
(f) knowingly contravenes paragraph 281.8(1)(b) (copy of marked ballot);
(g) knowingly contravenes paragraph 281.8(1)(c) (distribution of photograph, video or copy of marked ballot);
(h) knowingly contravenes paragraph 281.9(a) or (b) (false statement);
(i) contravenes subsection 282(1) (person who assists elector — limit);
(j) contravenes subsection 282.1(1) (vouching for more than one person);
(k) knowingly contravenes any of paragraphs 282.1(2)(a) to (c) (vouching for person contrary to that paragraph);
(l) contravenes subsection 282.1(3) (vouchee acting as voucher); or
(m) knowingly contravenes section 282.5 (interfering with marking of ballot).
Marginal note:Offences requiring intent — dual procedure
491.2 (1) Every person is guilty of an offence who
(a) being the Chief Electoral Officer, knowingly contravenes section 281.1 (voting by Chief Electoral Officer);
(b) contravenes section 281.2 (inducing or attempting to induce Chief Electoral Officer to vote);
(c) contravenes paragraph 281.3(a) (voting when not qualified);
(d) contravenes paragraph 281.3(b) (inducing or attempting to induce a person not qualified to vote, to vote);
(e) contravenes paragraph 281.4(a) (voting when not ordinarily resident in electoral district);
(f) contravenes paragraph 281.4(b) (inducing or attempting to induce a person who is not ordinarily resident in electoral district to vote);
(g) knowingly contravenes subsection 281.5(1) or (2) (voting more than once);
(h) knowingly contravenes subsection 281.6(1) (failure to maintain secrecy);
(i) contravenes subsection 281.6(5) (secrecy — counting of the votes);
(j) knowingly contravenes any of paragraphs 281.7(1)(a), (b) and (d) to (i) (ballots);
(k) being an election officer, contravenes paragraph 281.7(2)(a) or (b) (ballots — election officer);
(l) being a unit election officer, contravenes subsection 281.7(3) (special ballots — unit election officer);
(m) contravenes subsection 282(2) (person who assists elector — secrecy);
(n) knowingly contravenes section 282.2 (influencing electors);
(o) being an election officer, unit election officer or member of the staff of a returning officer, knowingly contravenes section 282.3 (influencing electors);
(p) contravenes subsection 282.4(1) (undue influence by foreigners);
(q) knowingly contravenes subsection 282.4(4) (collusion);
(r) knowingly contravenes subsection 282.4(5) (selling advertising space);
(s) knowingly contravenes section 282.6 (preventing elector from voting);
(t) knowingly contravenes subsection 282.7(1) (offering bribe);
(u) knowingly contravenes subsection 282.7(2) (accepting bribe); or
(v) knowingly contravenes paragraph 282.8(a) or (b) (intimidation, etc.).
Marginal note:Offence requiring intent — dual procedure
(2) Every entity is guilty of an offence that
(a) contravenes subsection 282.4(1) (undue influence by foreigners);
(b) knowingly contravenes subsection 282.4(4) (collusion); or
(c) knowingly contravenes subsection 282.4(5) (selling advertising space).
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