Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
55 Section 68 of the Act is amended by adding the following after subsection (2):
Marginal note:Names of endorsed candidates
(3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with
(a) the name of every prospective candidate who has been endorsed by the party;
(b) the electoral district in which the prospective candidate intends to be a candidate; and
(c) the name of the person or persons who endorsed the prospective candidate on the party’s behalf.
Marginal note:Information to returning officers
(4) As soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).
56 (1) Subsection 70(2) of the French version of the Act is replaced by the following:
Marginal note:Clôture des candidatures
(2) Un acte de candidature ne peut être reçu de quiconque entre au bureau du directeur du scrutin après 14 h le jour de clôture.
(2) Subsection 70(3) of the Act is replaced by the following:
Marginal note:Designated filing place
(3) The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:
(a) the nomination paper;
(b) the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b);
(c) the documents referred to in subsection 67(4);
(d) the statement referred to in subsection 67(6); and
(e) the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b).
57 (1) Paragraph 71(2)(a) of the Act is replaced by the following:
(a) that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;
(a.1) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be;
(2) Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate.
58 The Act is amended by adding the following after section 71:
Marginal note:Name prospective candidate commonly known by — determination
71.1 (1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.
Marginal note:Confusion with name of political party — determination
(2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.
Marginal note:Name to appear on ballot
(3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless
(a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or
(b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.
Marginal note:Clarification
(4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).
Marginal note:Notice of name to appear on ballot
(5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.
59 Section 72 of the Act is repealed.
60 Subsection 73(1) of the Act is replaced by the following:
Marginal note:Electronic filing
73 (1) A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.
Marginal note:Proof of identity
(1.1) If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).
Marginal note:2001, c. 21, s. 10(E)
61 Sections 91 and 92 of the Act are replaced by the following:
Marginal note:Publishing false statement to affect election results
91 (1) No person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period,
(a) a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; or
(b) a false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.
Marginal note:Clarification
(2) Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.
Marginal note:Publishing false statement of candidate’s withdrawal
92 No person or entity shall publish a false statement that indicates that a candidate has withdrawn.
Marginal note:2007, c. 21, s. 13
62 Subsections 93(1) and (1.1) of the Act are replaced by the following:
Marginal note:Preliminary lists and information to returning officer
93 (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall make it available to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.
Marginal note:Preliminary lists to parties
(1.1) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued.
63 Section 94 of the Act is replaced by the following:
Marginal note:Preliminary lists to candidates
94 Each returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.
64 (1) Paragraphs 95(1)(a) and (b) of the Act are replaced by the following:
(a) are incarcerated electors as defined in section 177;
(2) Paragraph 95(2)(a) of the Act is replaced by the following:
(a) the address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;
(3) Paragraphs 95(3)(b) and (c) of the Act are replaced by the following:
(b) requires a polling station that is in premises that are accessible to electors with a disability, which his or her polling station is not; or
(c) is unable to attend at a polling station because of a disability.
Marginal note:2014, c. 12, s. 34
65 Sections 97 and 98 of the Act are replaced by the following:
Marginal note:Election officers who are designated to receive applications
97 (1) The returning officer, assistant returning officer and other election officers for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.
Marginal note:Applications for addition, correction or deletion
(2) All applications referred to in subsection (1) that are received by election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.
Marginal note:Revision offices
98 The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall be in premises that are accessible to electors with a disability.
66 Section 100 of the Act is replaced by the following:
Marginal note:Election officers to act in pairs
100 (1) Election officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.
Marginal note:Disagreement between election officers
(2) In case of disagreement between members of a pair, the two election officers shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.
Marginal note:2007, c. 21, s. 16(1)
67 Paragraph 101(1)(d) of the Act is replaced by the following:
(d) the elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.
68 The heading before section 103 and sections 103 and 104 of the Act are repealed.
Marginal note:2007, c. 21, s. 17
69 Section 104.1 of the Act is replaced by the following:
Marginal note:Lists to candidates
104.1 Each returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.
Marginal note:Lists to registered parties
104.2 The Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.
Marginal note:2014, c. 12, ss. 36 and 37
70 Sections 106 and 107 of the Act are replaced by the following:
Marginal note:Official list of electors
106 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.
Marginal note:Form of lists
107 (1) The revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.
Marginal note:Lists to election officers
(2) Each returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.
Marginal note:Lists to candidates
(3) Each returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.
Marginal note:Lists to registered parties
(4) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.
71 Subsection 108(2) of the Act is repealed.
Marginal note:2001, c. 21, s. 11
72 Subsections 109(2) and (3) of the Act are replaced by the following:
Marginal note:Lists to member and parties
(2) The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.
Marginal note:2007, c. 21, s. 19; 2014, c. 12, s. 38
73 Section 110 of the Act is replaced by the following:
Marginal note:Registered parties
110 (1) A registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
Marginal note:Eligible parties
(1.1) An eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
Marginal note:Members
(2) A member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists for
(a) communicating with his or her electors; and
(b) if the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.
Marginal note:Candidates
(3) A candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.
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