Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
42 (1) The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:
Marginal note: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) Paragraph 52(1)(b) of the Act is replaced by the following:
(b) is not an elector or future elector, as the case may be, subject to subsection 44(4);
Marginal note:2014, c. 12, s. 23(1)
(3) Paragraph 52(1)(d) of the Act is replaced by the following:
(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) Subsection 52(2) of the Act is replaced by the following:
Marginal note: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 Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:
Marginal note: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
(a) updating the Register of Electors; or
(b) the transmission of information in the course of public education and information programs implemented under subsection 18(1).
44 Section 54 of the Act is replaced by the following:
Marginal note: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.
Marginal note:2007, c. 21, s. 9
45 Subsection 55(1) of the Act is replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note:2007, c. 21, s. 10(1)
46 (1) Paragraphs 56(a) to (d) of the Act are replaced by the following:
(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;
Marginal note:2007, c. 21, s. 10(2)
(2) Subaragraph 56(e)(ii) of the Act is replaced by the following:
(ii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or
(3) Section 56 of the Act is amended by striking out “or” at the end of subparagraph (e)(iii) and by adding the following after paragraph (e):
(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
Marginal note:2001, c. 21, s. 5
47 Paragraph 57(1.2)(c) of the Act is replaced by the following:
(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 Subsections 59(2) and (3) of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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:
(a) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.2)(c) and not the day fixed under subsection (4);
(b) if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, then
(i) anything done as authorized or required on or before the day on which the postponement order is made is valid, and
(ii) in respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;
(c) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, then
(i) anything done as authorized or required on that day is valid, and
(ii) in respect of anything not done as authorized or required on that day, the day on which the thing is authorized or required to be done is postponed by the number of days by which the election is postponed;
(d) if a period is extended under subparagraph (b)(ii) or a day is postponed under subparagraph (c)(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; and
(e) for the purposes of this subsection, if the original polling day fixed under paragraph 57(1.2)(c) is a Tuesday because of section 56.2 or subsection 57(4), it is deemed to be a Monday.
49 Subsection 60(1) of the Act is replaced by the following:
Marginal note: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 Paragraph 61(2)(b) of the Act is replaced by the following:
(b) make a solemn declaration in the prescribed form; and
51 Subsection 64(3) of the Act is replaced by the following:
Marginal note: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) Paragraph 65(a) of the French version of the Act is replaced by the following:
a) les personnes qui n’ont pas qualité d’électeur le jour où leur acte de candidature est déposé;
(2) Paragraphs 65(d) and (e) of the Act are replaced by the following:
(e) the Chief Electoral Officer;
53 (1) The portion of paragraph 66(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) a solemn declaration, in the prescribed form, made by the prospective candidate of
(2) Paragraph 66(1)(a) of the Act is amended by adding the following after subparagraph (i):
(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),
Marginal note:2014, c. 12, s. 26(1)
(3) Subparagraph 66(1)(a)(iv) of the Act is replaced by the following:
(iv) the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2);
Marginal note:2001, c. 21, s. 7
(4) Subparagraph 66(1)(a)(v) of the French version of the Act is replaced by the following:
(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) Paragraph 66(1)(a) of the Act is amended by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):
(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) Paragraphs 66(1)(b) and (c) of the Act are replaced by the following:
(b) a statement signed by the prospective candidate consenting to the nomination;
(7) Subsection 66(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(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).
Marginal note:2014, c. 12, ss. 26(2)(F) and (3)
(8) Subsections 66(2) to (4) of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:2015, c. 37, ss. 2(2) and 6(2)
54 Section 67 of the Act is replaced by the following:
Marginal note: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.
Marginal note: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:
(a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or
(b) two pieces of identification of a type authorized under subsection (3), each of which establishes that name.
Marginal note: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.
Marginal note: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.
Marginal note:Authorized types of documents
(5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).
Marginal note: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.
Marginal note: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).
Marginal note: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:
(a) a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or
(b) a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.
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