C-76 1 42 64-65-66-67 Elizabeth II 2015-2016-2017-2018

An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments

Elections Modernization Act

An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments 2018 12 13 31 2018 90866

SUMMARY

This enactment amends the Canada Elections Act to establish spending limits for third parties and political parties during a defined period before the election period of a general election held on a day fixed under that Act. It also establishes measures to increase transparency regarding the participation of third parties in the electoral process. Among other things that it does in this regard, the enactment

(

a) adds reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys to the reporting requirements for third parties engaging in election advertising;

(

b) creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); and

(

c) creates an obligation for political parties and third parties to identify themselves in partisan advertising during the defined period before the election period.

The enactment also amends the Act to implement measures to reduce barriers to participation and increase accessibility. Among other things that it does in this regard, the enactment

(

a) establishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;

(

b) broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;

(

c) creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;

(

d) amends some of the rules regarding the treatment of candidates’ expenses, including the rules related to childcare expenses, expenses related to the care of a person with a disability and litigation expenses;

(

e) amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;

(

f) allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;

(

g) removes limitations on public education and information activities conducted by the Chief Electoral Officer;

(

h) removes two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years and the requirement that they intend to return to Canada to resume residence in the future; and

(

i) extends voting hours on advance polling days.

The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment

(

a) removes the assignment of specific responsibilities set out in the Act to specific election officers by creating a generic category of election officer to whom all those responsibilities may be assigned;

(

b) limits election periods to a maximum of 50 days;

(

c) removes administrative barriers in order to facilitate the hiring of election officers;

(

d) authorizes the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;

(

e) removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;

(

f) replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;

(

g) removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;

(

h) replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;

(

i) relocates the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provides that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years;

(

j) provides the Commissioner of Canada Elections with the authority to impose administrative monetary penalties for contraventions of provisions of Parts 16, 17 and 18 of the Act and certain other provisions of the Act;

(

k) provides the Commissioner of Canada Elections with the authority to lay charges;

(

l) provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;

(

m) clarifies offences relating to

(

i) the publishing of false statements,

(ii)

participation by non-Canadians in elections, including inducing electors to vote or refrain from voting, and

(iii)

impersonation; and

(

n) implements a number of measures to harmonize and streamline political financing monitoring and reporting.

The enactment also amends the Act to provide for certain requirements with regard to the protection of personal information for registered parties, eligible parties and political parties that are applying to become registered parties, including the obligation for the party to adopt a policy for the protection of personal information and to publish it on its Internet site.

The enactment also amends the Parliament of Canada Act to prevent the calling of a by-election when a vacancy in the House of Commons occurs within nine months before the day fixed for a general election under the Canada Elections Act .

It also amends the Public Service Employment Act to clarify that the maximum period of employment of casual workers in the Office of the Chief Electoral Officer — 165 working days in one calendar year — applies to those who are appointed by the Commissioner of Canada Elections.

Finally, the enactment contains transitional provisions, makes consequential amendments to other Acts and repeals the Special Voting Rules .

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

This Act may be cited as the Elections Modernization Act .

2000, c. 9

Canada Elections Act

2014, c. 12, s. 2(2)

(1) The

definitions leadership campaign expense and nomination campaign expense in subsection 2(1) of the Canada Elections Act are repealed.

2007, c. 21, s. 1; 2014, c. 12, s. 2(7)

(2) The

definitions capital asset , election officer , polling day , prescribed and Register of Electors in subsection 2(1) of the Act are replaced by the following:

capital asset means any property with a commercial value of more than $200 that

(

a) in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;

(

b) in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and

(

c) in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest. ( bien immobilisé )

election officer means a person referred to in subsection 22(1) or appointed under

section 32. ( fonctionnaire électoral )

polling day , in relation to an election, means the date fixed for voting at the election under paragraph 57(1.2)(

c) or subsection 59(4) or 77(2). ( jour du scrutin )

prescribed , in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. ( prescrit )

Register of Electors means the Register of Electors established under paragraph 44(1)(a). ( Registre des électeurs )

(3) Paragraph (

b) of the definition election documents in subsection 2(1) of the Act is replaced by the following:

(

b) the nomination papers and other documents filed by the candidates or filed on their behalf under

section 67;

2001, c. 21, s. 1(2)(E); 2014, c. 12, s. 2(4)

(4) The definition election documents in subsection 2(1) of the Act is amended by striking out “and” at the end of paragraph (

e) and by replacing paragraphs (

f) and (

g) with the following:

(

f) the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, including

(

i) stubs and unused ballot papers,

(ii)

ballot papers cast for the various candidates,

(iii)

spoiled ballot papers,

(iv)

rejected ballot papers,

(

v) the list of electors used at the polling station, advance polling station or returning officer’s office,

(vi)

written authorizations of candidates’ representatives,

(vii)

used transfer certificates, if any, and

(viii)

registration certificates; and

(

g) the prescribed forms referred to in

section 162 — other than those referred to in paragraph 162(i.1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector. ( documents électoraux )

(5) Paragraph (

a) of the definition spoiled in subsection 2(1) of the Act is replaced by the following:

(

a) one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in

section 177 to be soiled or improperly printed; or

2001, c. 21, s. 1(1)

(6) The definition appartenance politique in subsection 2(1) of the French version of the Act is replaced by the following:

appartenance politique S’agissant d’un candidat, la désignation du parti politique qui le soutient ou la désignation « indépendant(e) », selon le cas, mentionnée dans son acte de candidature conformément au sous-alinéa 66(1)a)(v). ( political affiliation )

(7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

(

a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

(

b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

(

c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

(

d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

(

e) the making of telephone calls to electors only to encourage them to vote. ( publicité électorale )

election advertising expense means an expense incurred in relation to

(

a) the production of an election advertising message; and

(

b) the transmission of an election advertising message to the public. ( dépenses de publicité électorale )

election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated. ( sondage électoral )

future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age. ( futur électeur )

National Capital Region means the National Capital Region as described in the

schedule to the National Capital Act . ( région de la capitale nationale )

partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

(

a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

(

b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

(

c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

(

d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

(

e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

(

f) the making of telephone calls to electors only to encourage them to vote. ( publicité partisane )

partisan advertising expense means an expense incurred in relation to

(

a) the production of a partisan advertising message; and

(

b) the transmission of a partisan advertising message to the public. ( dépenses de publicité partisane )

potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who

(

a) is selected in a nomination contest;

(

b) is deemed to be a candidate under

section 477;

(

c) is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or

(

d) has the support of a political party to be a candidate of that party. ( candidat potentiel )

pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.1(2) for the holding of a general election and ending on the day before the earlier of

(

a) the first day of an election period for a general election, and

(

b) the 37th day before the Monday referred to in subsection 56.1(2) or, if the Governor in Council makes an order under subsection 56.2(3), the 37th day before the alternate day referred to in that order. ( période préélectorale )

Register of Future Electors means the Register of Future Electors established under paragraph 44(1)(b). ( Registre des futurs électeurs )

2014, c. 12, s. 2(8)

(8) The portion of subsection 2(1.1) of the Act before paragraph (

a) is replaced by the following:

Commercial value of capital assets

(1.1) For the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower of

(9) Subsection 2(3) of the Act is replaced by the following:

Satisfactory proof of identity and residence

(3) For the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.

(10) Section 2 of the Act is amended by adding the following after subsection (6):

Definitions of election advertising and partisan advertising

(7) For the purposes of the

definitions election advertising and partisan advertising , promoting or opposing includes

(

a) in relation to a registered party or eligible party,

(

i) naming it,

(ii)

identifying it, including by its logo, and

(iii)

providing a link to an Internet page that does anything referred to in subparagraphs (

i) and (ii); and

(

b) in relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,

(

i) naming him or her,

(ii)

showing a photograph, cartoon or drawing of him or her,

(iii)

identifying him or her, including by political affiliation or by any logo that he or she has, and

(iv)

providing a link to an Internet page that does anything referred to in subparagraphs (

i) to (iii).

Sections 3 to 5 of the Act are replaced by the following:

Persons qualified as electors

Every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.

Section 7 of the Act is repealed.

Section 8 of the Act is amended by adding the following after subsection (2):

Person residing outside Canada

(2.1) The place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.

(1) The portion of

section 10 of the Act before paragraph (

a) is replaced by the following:

Former member candidates and electors living with them

(1) Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, the polling division in which is located

(2) Subsection 10(1) is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (

c) and by repealing paragraphs (

b) and (d).

(3) Section 10 of the Act is amended by adding the following after subsection (1):

Former member candidates and electors living with them — notice to returning officer

(2) If a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division in

(

a) the electoral district in which the former member is a candidate; or

(

b) the electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.

2003, c. 22, s. 100

Section 11 of the Act is repealed.

Subsection 15(1) of the Act is replaced by the following:

Rank, powers and duties

(1) Subject to subsections 509.1(2) and (3), the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

2014, c. 12, s. 5

(1) Subsection 16.1(3) of the Act is replaced by the following:

Consultations

(3) Before issuing a guideline or

interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or

interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 45 days after the day on which the copy is sent.

2014, c. 12, s. 5

(2) Subsections 16.1(5) to (7) of the Act are replaced by the following:

Issuance

(7) The Chief Electoral Officer shall issue the guideline or

interpretation note by registering it in the registry referred to in

section 16.4 as soon as possible after preparing it.

2014, c. 12, s. 5

(1) Subsection 16.2(2) of the Act is replaced by the following:

Consultations

(2) Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 30 days after the day on which the copy is sent.

2014, c. 12, s. 5

(2) Subsection 16.2(4) of the Act is replaced by the following:

Pre-publication

(4) Within 90 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 90-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 90 days after polling day for that election.

2014, c. 12, s. 5

Section 16.3 of the Act is replaced by the following:

New

interpretation

16.3

If an opinion that is published under subsection 16.2(4) interprets a provision of the Act in a way that contradicts an

interpretation of that provision provided in a previously issued opinion, the new

interpretation does not replace the former

interpretation until the date that the new opinion is issued under

section 16.2.

2014, c. 12, s. 5.1

Subsection 16.5(1) of the Act is repealed.

2014, c. 12, s. 7

Section 17.1 of the Act is repealed.

2014, c. 12, s. 7

Subsections 18(1) to (2) of the Act are replaced by the following:

Public education and information programs

(1) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

Communication with public

(1.1) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic rights to vote and to be a candidate.

Information outside Canada

(1.2) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under

Part 11.

Communication with electors with a disability

(2) The Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability:

(

a) how to become a candidate;

(

b) how an elector may have their name added to a list of electors and may have corrections made to information respecting them on the list;

(

c) how an elector may vote under

section 127 and the times, dates and locations for voting;

(

d) how an elector may prove their identity and residence in order to vote, including the pieces of identification that they may use to that end; and

(

e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

Communication with future electors with a disability

(2.1) If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability.

2014, c. 12, s. 8

Sections 18.01 and 18.1 of the Act are replaced by the following:

International cooperation

18.01

The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.

Voting studies

18.1

(1) The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.

Alternative voting

(2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.

Voting technology — electors with a disability

(3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.

Prior approval

(4) Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

2014, c. 12, s. 8

Subsection 18.2(1) of the Act is replaced by the following:

Power to enter into contracts, etc.

18.2

(1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.

2003, c. 22, s. 102(

E) Section 19 of the Act and the heading before it are replaced by the following:

Staff

Staff

The staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act .

2014, c. 12, s. 10

Subsection 20(2) of the Act is replaced by the following:

Casual and temporary staff

(2) Any additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act .

Section 21 of the Act is replaced by the following:

Delegation

The Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.

(1) Paragraph 22(1)(

c) of the Act is replaced by the following:

(

c) persons authorized by a returning officer under

section 27 to exercise powers or perform duties under this Act;

2014, c. 12, s. 12(2)

(2) Paragraphs 22(1)(

d) to (

k) of the Act are repealed.

(3) Subsection 22(1) of the Act is amended by adding “and” at the end of paragraph (m), by striking out “and” at the end of paragraph (

n) and by repealing paragraph (o).

(4) Paragraph 22(3)(

f) of the Act is replaced by the following:

(

f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act or the Referendum Act , or a regulation made under the Referendum Act , or under

an Act of the legislature of a province, or a regulation made under

an Act of the legislature of a province, relating to provincial, municipal or school board elections.

(5) Subsections 22(4) and (5) of the Act are replaced by the following:

Qualifications

(4) An election officer must be qualified as an elector, and an election officer referred to in paragraph (1)(a.1) or (

b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.

Election officers younger than 18

(5) Despite subsection (4), an election officer appointed under

section 32 may be under 18 years of age but must be at least 16 years of age.

Section 23 of the Act is replaced by the following:

Solemn declaration

(1) Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.

Prohibition

(2) No election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.

Sending of solemn declarations

(3) The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.

2014, c. 12, s. 13

(1) Paragraphs 23.2(9)(

a) and (

b) of the Act are replaced by the following:

(

a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;

(

b) fails to competently exercise a field liaison officer’s powers or competently perform a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

2014, c. 12, s. 13

(2) Paragraph 23.2(9)(

c) of the English version of the Act is replaced by the following:

(

c) contravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.

(1) Paragraphs 24(7)(

a) and (

b) of the Act are replaced by the following:

(

a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising his or her powers or performing his or her duties under this Act;

(

b) fails to competently exercise a returning officer’s power or competently perform a returning officer’s duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);

(2) Paragraph 24(7)(

d) of the Act is replaced by the following:

(

d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her powers or the performance of his or her duties under this Act.

2014, c. 12, s. 14(2)

(3) Subsections 24(8) and (9) of the Act are replaced by the following:

Temporary suspension

(8) The Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).

Duration of suspension

(9) The period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.

Subsection 26(1) of the Act is replaced by the following:

Assistant returning officer

(1) Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.

2014, c. 12, s. 15

Subsection 27(1) of the Act is replaced by the following:

Delegation

(1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

2006, c. 9, s. 176; 2014, c. 12, s. 16(1) and 16(2)(F)

Subsections 28(3.01) and (3.1) of the Act are replaced by the following:

Designated person to act — suspension of returning officer

(3.01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

Designated person to act — absence of returning and assistant returning officers

(3.1) If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

(1) Subsection 29(2) of the Act is replaced by the following:

Appointment of substitute

(2) If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer shall without delay appoint a substitute with the Chief Electoral Officer’s prior approval.

(2) Subsection 29(4) of the Act is replaced by the following:

Resignation by assistant returning officer

(4) An assistant returning officer who intends to resign shall give written notice to the returning officer or, if the office of returning officer is vacant, to the Chief Electoral Officer.

Subsection 30(4) of the Act is replaced by the following:

Further limitation

(4) An assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).

2001, c. 21, s. 3(E); 2014, c. 12, ss. 17 to 21

The heading “General” before

section 32 and sections 32 to 39 of the Act are replaced by the following:

Election officers

(1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.

Appointment before issue of writ

(2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

Maximum number of election officers appointed

(3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

Solicitation of names

(1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.

Persons whose names are provided to be appointed

(2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under

section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

Proportional distribution

(3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under

section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

Removal or replacement

(4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.

Lists of election officers

(5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under

Part 7.

Identification

(6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Refusal to appoint

(1) A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.

Recommendation of another person

(2) If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.

Record of election officers’ powers and duties

A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.

Election officers

An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.

2014, c. 12, s. 22(2)

Subsections 41(2) to (4) of the Act are replaced by the following:

Notice

(4) When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), he or she shall notify those registered parties without delay of that right.

Section 42 of the Act is replaced by the following:

Attribution of votes for appointments

For the purposes of subsection 33(3) and

section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,

(

a) the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and

(

b) that candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.

Paragraphs 43(

a) to (

c) of the Act are replaced by the following:

(

a) knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;

(

b) without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

(

c) having been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.

2007, c. 21, s. 3

Subsection 43.1(1) of the English version of the Act is replaced by the following:

Right of access

43.1

(1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to exercise his or her powers or perform his or her duties under this Act.

The heading of

Part 4 of the Act is replaced by the following:

Register of Electors and Register of Future Electors

The heading “Maintenance and Communication of Register” before

section 44 of the English version of the Act is replaced by the following:

Maintenance and Communication

2001, c. 21, s. 4; 2007, c. 21, s. 4

Section 44 of the Act is replaced by the following:

Maintenance of Registers

(1) The Chief Electoral Officer shall maintain

(

a) a register of persons who are qualified as electors, to be known as the Register of Electors; and

(

b) a register of persons who are qualified as future electors, to be known as the Register of Future Electors.

Contents of Registers

(2) The Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.2(4), 223(2), 233(2) and 251(3).

Identifier

(3) The Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

Future electors becoming electors

(4) Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors.

Inclusion optional

(5) Inclusion in the Register of Electors and the Register of Future Electors is optional.

Parental consent not necessary

(6) A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.

2007, c. 21, s. 5

Subsection 45(1) of the Act is replaced by the following:

Lists to members and registered parties

(1) By November 15 in each year, the Chief Electoral Officer shall make available to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.

The heading before

section 46 of the English version of the Act is replaced by the following:

Updates

(1) The portion of subsection 46(1) of the Act before subparagraph (b)(

i) is replaced by the following:

Sources of information

(1) The Register of Electors and the Register of Future Electors shall be updated from

(

a) information

(

i) that electors or future electors, as the case may be, have given the Chief Electoral Officer, or

(ii)

that is held by a federal department or body and that electors or future electors, as the case may be, have expressly authorized to be given to the Chief Electoral Officer; and

(

b) information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, gender, date of birth, civic address and mailing address of electors and future electors included in the Register of Electors or Register of Future Electors, as the case may be, and that

2007, c. 21, s. 6

(2) Subsection 46(1.1) of the Act is replaced by the following:

Source of information: Register of Future Electors

(1.01) The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.

Retention of certain information

(1.1) The Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

2007, c. 21, s. 7

Sections 46.1 and 46.2 of the Act are replaced by the following:

Information from Minister of Citizenship and Immigration

46.01

Despite subparagraph 46(1)(a)(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (

d) was included or updated in those databases:

(

a) his or her surname and given names;

(

b) his or her gender;

(

c) his or her date of birth;

(

d) his or her addresses; and

(

e) any unique identifier that that Minister has assigned to him or her under that Act.

Citizenship information

46.1

For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act , request that an individual who is filing a return of income under paragraph 150(1)(

d) of that Act indicate in the return whether he or she is a Canadian citizen.

Information in respect of deceased individuals

46.2

For the purpose of updating the Register of Electors or Register of Future Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(

b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(

d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the relevant register.

2007, c. 21, s. 8

Sections 47.1 to 51 of the Act are replaced by the following:

Other duties

47.1

Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.

Adding electors and future electors

(1) The Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register.

Obligation of elector or future elector

(2) An elector or future elector who wishes to be included in the relevant register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector or as a future elector, as the case may be.

Exceptions

(3) This

section does not apply in respect of the inclusion of an elector or future elector that is

(

a) done at his or her request;

(

b) done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; or

(

c) done using information to update the Register of Electors under subsection 46(1.01).

Listing requests

(1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providing

(

a) a signed certification that he or she is qualified as an elector or as a future elector, as the case may be;

(

b) his or her surname, given names, gender, date of birth, civic address and mailing address; and

(

c) satisfactory proof of identity.

Optional information

(2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under

section 55, but the elector or future elector is not required to do so.

Corrections

An elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.

Verification

The Chief Electoral Officer may

(

a) contact an elector or future elector to verify the Chief Electoral Officer’s information relating to him or her; and

(

b) request the elector or future elector to confirm, correct or complete the information within 60 days after receiving the request.

(1) The portion of subsection 52(1) of the Act before paragraph (

a) is replaced by the following:

Deletion of names

(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);

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:

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.

Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:

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).

Section 54 of the Act is replaced by the following:

Access to personal information

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.

2007, c. 21, s. 9

Subsection 55(1) of the Act is replaced by the following:

Provincial bodies

(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.

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.

2007, c. 21, s. 10(1)

(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;

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

2001, c. 21, s. 5

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.

Subsections 59(2) and (3) of the Act are replaced by the following:

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.

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.

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.

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.

Subsection 60(1) of the Act is replaced by the following:

Returning officer to open and maintain office

(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.

Paragraph 61(2)(

b) of the Act is replaced by the following:

(

b) make a solemn declaration in the prescribed form; and

Subsection 64(3) of the Act is replaced by the following:

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.

(1) Paragraph 65(

a) of the French version of the Act is replaced by the following:

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;

(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),

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);

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).

2014, c. 12, ss. 26(2)(

F) and (3)

(8) Subsections 66(2) to (4) of the Act are replaced by the following:

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.

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.

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.

2015, c. 37, ss. 2(2) and 6(2)

Section 67 of the Act is replaced by the following:

Filing of nomination paper

(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.

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.

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.

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.

Authorized types of documents

(5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).

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.

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).

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.

Section 68 of the Act is amended by adding the following after subsection (2):

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.

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).

(1) Subsection 70(2) of the French version of the Act is replaced by the following:

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:

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).

(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.

The Act is amended by adding the following after

section 71:

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.

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.

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.

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).

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.

Section 72 of the Act is repealed.

Subsection 73(1) of the Act is replaced by the following:

Electronic filing

(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.

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).

2001, c. 21, s. 10(

E) Sections 91 and 92 of the Act are replaced by the following:

Publishing false statement to affect election results

(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.

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.

Publishing false statement of candidate’s withdrawal

No person or entity shall publish a false statement that indicates that a candidate has withdrawn.

2007, c. 21, s. 13

Subsections 93(1) and (1.1) of the Act are replaced by the following:

Preliminary lists and information to returning officer

(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.

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.

Section 94 of the Act is replaced by the following:

Preliminary lists to candidates

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.

(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.

2014, c. 12, s. 34

Sections 97 and 98 of the Act are replaced by the following:

Election officers who are designated to receive applications

(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.

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.

Revision offices

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.

Section 100 of the Act is replaced by the following:

Election officers to act in pairs

(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.

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.

2007, c. 21, s. 16(1)

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.

The heading before

section 103 and sections 103 and 104 of the Act are repealed.

2007, c. 21, s. 17

Section 104.1 of the Act is replaced by the following:

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.

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.

2014, c. 12, ss. 36 and 37

Sections 106 and 107 of the Act are replaced by the following:

Official list of electors

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.

Form of lists

(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.

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.

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.

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.

Subsection 108(2) of the Act is repealed.

2001, c. 21, s. 11

Subsections 109(2) and (3) of the Act are replaced by the following:

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.

2007, c. 21, s. 19; 2014, c. 12, s. 38

Section 110 of the Act is replaced by the following:

Registered parties

(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.

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.

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.

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.

Subparagraph 111(f)(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 .

The heading before

section 112 of the Act is replaced by the following:

List of Election Officers

Subsection 112(1) of the Act is replaced by the following:

List of election officers to candidates

(1) A returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.

Section 113 of the Act is replaced by the following:

Delivery to returning officers

The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.

Subsection 114(2) of the Act is replaced by the following:

Material of ballot box

(2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and other election officers to be affixed.

Subsection 116(6) of the French version of the Act is replaced by the following:

Nom de l’imprimeur et affidavit

(6) Les bulletins de vote doivent porter le nom de l’imprimeur qui doit, lorsqu’il les livre au directeur du scrutin, lui remettre un affidavit, selon le formulaire prescrit, précisant leur description, le nombre qu’il lui livre et le fait qu’il s’est conformé au paragraphe (5).

(1) Subsection 117(1) of the Act is replaced by the following:

Information on the ballot

(1) Ballots shall contain the names of candidates referred to in subparagraph 66(1)(a)(

i) or (i.1), as the case may be, and taken from their nomination papers, arranged alphabetically.

2001, c. 21, s. 12

(2) Paragraph 117(2)(

b) of the Act is replaced by the following:

(

b) the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and

2001, c. 21, s. 12

(3) Subsection 117(3) of the French version of the Act is replaced by the following:

Mention « indépendant(e) »

(3) Le bulletin de vote porte la mention « indépendant(e) » sous le nom du candidat qui l’a demandé conformément au sous-alinéa 66(1)a)(v), et seulement dans ce cas.

(4) Subsection 117(5) of the French version of the Act is replaced by the following:

Mention de l’adresse ou de la profession

(5) Dans les cas où au moins deux candidats ont le même nom et ont indiqué leur intention d’être désignés par la mention « indépendant(e) » ou de n’avoir aucune désignation de parti dans le cadre du sous-alinéa 66(1)a)(v), les bulletins de vote mentionnent l’adresse ou la profession de ces candidats s’ils en font la demande par écrit au directeur du scrutin avant 17 h le jour de clôture.

The heading before

section 119 of the Act is replaced by the following:

Provision of Election Materials to Election Officers

(1) The portion of subsection 119(1) of the Act before paragraph (

c) is replaced by the following:

Materials to be provided to election officers

(1) Before voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district with

(

a) enough ballots for at least the number of electors on the official list of electors for the polling station;

(

b) a statement showing the number of ballots that are provided, with their serial numbers;

(2) Paragraph 119(1)(

f) of the French version of the Act is replaced by the following:

la liste électorale officielle à utiliser au bureau de scrutin, qu’il place si possible dans l’urne avec les bulletins de vote et autres accessoires;

(3) Subsection 119(2) of the Act is replaced by the following:

Safekeeping of election materials

(2) Until the opening of the poll, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure the safekeeping of those materials and to prevent any person from having unlawful access to them.

Section 120 of the Act and the heading before it are replaced by the following:

Polling Stations

Establishment of polling stations

Each returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.

Subsections 121(1) to (3) of the Act are replaced by the following:

Accessibility

(1) A polling station shall be in premises that are accessible to electors with a disability.

Exception

(2) If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.

Voting compartments

(3) Each polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

Subsections 122(1) and (2) of the Act are replaced by the following:

Polling station in school or other public building

(2) Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building.

2014, c. 12, s. 42

Sections 123 and 124 of the Act are repealed.

2014, c. 12, s. 43

Section 125.1 of the Act is replaced by the following:

Information — location of polling stations

125.1

(1) The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.

Notification of change — on or before 5th day before polling day

(2) If, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.

Electoral district maps — electronic format

(2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.

Notification of change — after 5th day before polling day

(3) If, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.

(1) Paragraphs 135(1)(

a) and (

b) of the Act are replaced by the following:

(

a) any field liaison officer;

(

b) the returning officer, his or her representatives and any member of his or her staff whom he or she authorizes to be present;

(b.1)

any election officer whom the returning officer authorizes to be present;

2014, c. 12, s. 44(1)

(2) Paragraphs 135(1)(

g) and (

h) of the Act are replacing by the following:

(

h) if a polling division of an electoral district in which a registered party’s leader is a candidate is assigned to the polling station, any media representative who — subject to any conditions that the Chief Electoral Officer considers necessary to protect the integ­rity of the vote and the privacy of any person present at the polling station — is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any audio or video recording of the candidates as they cast their votes; and

(

i) the auditor referred to in

section 164.1.

2014, c. 12, s. 44(2)

(3) Subsections 135(2) to (5) of the Act are replaced by the following:

Delivery of representative’s authorization

(2) When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form, or a copy of it, to an election officer who is assigned to the polling station.

Representative authorized in writing

(3) A representative bearing a written authorization referred to in subsection (2), or a copy of one, is a representative of the candidate for the purposes of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate.

Solemn declaration

(4) Each representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall make a solemn declaration in the prescribed form.

Solemn declaration

(5) A candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, make a solemn declaration in the prescribed form before an election officer who is assigned to that polling station. The representative is not required to make another solemn declaration on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already made the solemn declaration.

Subsection 136(2) of the Act is replaced by the following:

Representatives may absent themselves from poll

(2) A representative of a candidate, or an elector described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent, or a copy of one, or to make another solemn declaration.

(1) Subsection 138(1) of the Act is replaced by the following:

Initialling ballots

(1) Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, an election officer who is assigned to the polling station shall initial the back of every ballot in the space indicated in Form 3 of

Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

(2) Subsections 138(2) and (3) of the French version of the Act are replaced by the following:

Interdiction de défaire le carnet

(2) Le fonctionnaire électoral appose son paraphe sans détacher le bulletin de vote du carnet.

Cas de manque de temps

(3) L’apposition du paraphe ne peut avoir pour effet de retarder l’ouverture du scrutin; s’il n’a pas paraphé tous les bulletins de vote à l’heure d’ouverture, le fonctionnaire électoral le fait dans les meilleurs délais, avant de remettre les bulletins aux électeurs.

The portion of

section 140 of the Act before paragraph (

a) is replaced by the following:

Examining and sealing ballot box

When the polling station opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

Sections 141 and 142 of the Act are replaced by the following:

Calling electors

Immediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote.

Electors not to be impeded

An election officer who is assigned to the polling station shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

2007, c. 21, s. 21

(1) Subsection 143(1) of the Act is replaced by the following:

Elector to give name and address

(1) Each elector, in order to receive a ballot, shall give his or her name and address to an election officer who is assigned to the polling station, and, on request, to a candidate or a candidate’s representative.

2014, c. 12, s. 46(1)

(2) The portion of subsection 143(2) of the Act before paragraph (

a) is replaced by the following:

Proof of identity and residence

(2) If the election officer determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under

section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide the election officer with the following proof of his or her identity and residence:

2007, c. 21, s. 21

(3) Paragraph 143(2)(

a) of the English version of the Act is replaced by the following:

(

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 elector and his or her name and address; or

2014, c. 12, s. 46(3)

(4) Subsection 143(2.1) of the Act is replaced by the following:

Authorized types of identification

(2.1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document may be authorized, regardless of who issued it.

2014, c. 12, s. 46(4)

(5) Subsection 143(3) of the Act is replaced by the following:

Solemn declaration

(3) An elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and who

(

a) provides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)(

a) or (b), respectively; and

(

b) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

Vouching for electors in long-term care institution

(3.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.

Definition of employee

(3.02) In subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

2007, c. 37, s. 1

(6) Subsection 143(3.2) of the Act is replaced by the following:

Request to make solemn declaration

(3.2) Despite subsection (3.1), if the election officer referred to in subsection (1), a candidate or a candidate’s representative has reasonable doubts concerning the residence of an elector referred to in subsection (3.1), the officer, candidate or representative may request that the elector make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the elector’s residence is deemed to have been proven only if he or she makes that solemn declaration.

2007, c. 21, s. 21; 2014, c. 12, s. 46(6)

(7) Subsections 143(4) to (6) of the Act are replaced by the following:

Voting

(4) If the election officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2), (3), (3.1) or (3.2), the elector’s name shall be crossed off the list and, subject to

section 144, the elector shall be immediately allowed to vote.

2007, c. 21, s. 21; 2014, c. 12, s. 47

Sections 143.1 and 144 of the Act are replaced by the following:

Requirement before making solemn declaration — elector

143.1

(1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

Requirement before making solemn declaration — vouching for elector

(2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Proof of qualification as elector

If the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.

2007, c. 21, s. 22; 2014, c. 12, ss. 48 and 49

Sections 146 to 148.1 of the Act are replaced by the following:

Name and address corresponding closely to another

If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.

Person in whose name another has voted

(1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.

Requirement before making solemn declaration

(2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to

section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).

Name crossed off list in error

If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.

Failure to prove identity or residence

148.1

(1) An elector who fails to prove his or her identity and residence in accordance with

section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

When elector refuses to make solemn declaration

(2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

2007, c. 21, ss. 23(1)(E), (2) and (3)(

E) Paragraphs 149(

a) to (

c) of the Act are replaced by the following:

(

a) the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in

section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

(

b) the elector gives the election officer a registration certificate described in subsection 161(4).

Section 150 of the Act is replaced by the following:

Delivery of ballot to elector

(1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of

Schedule 1, the number of the elector’s polling division.

Instructions to elector on receiving ballot

(2) The election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.

(1) Paragraph 151(1)(

c) of the Act is replaced by the following:

(

c) fold the ballot as instructed by the election officer; and

(2) Paragraph 151(1)(

d) of the English version of the Act is replaced by the following:

(

d) return the ballot to the election officer who provided it.

(3) The portion of subsection 151(2) of the Act before paragraph (

a) is replaced by the following:

Return of ballot

(2) The election officer shall, on receiving the ballot from the elector,

Subsection 152(1) of the Act is replaced by the following:

Spoiled ballot

(1) If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

Section 154 of the Act is replaced by the following:

Assistance by election officer

(1) On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.

Template

(2) An election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

2000, c. 12, par. 40(2)(c)

(1) Subsection 155(1) of the English version of the Act is replaced by the following:

Assistance by friend or related person

(1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:

(

a) a friend of the elector;

(

b) the elector’s spouse or common-law partner; or

(

c) a relative of the elector or of the elector’s spouse or common-law partner.

(2) Subsection 155(2) of the Act is repealed.

2000, c. 12, par. 40(2)(d)

(3) The portion of subsection 155(3) of the Act before paragraph (

a) is replaced by the following:

Solemn declaration

(3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or she

2000, c. 12, par. 40(2)(d)

(4) Paragraphs 155(3)(

a) to (

d) of the French version of the Act are replaced by the following:

marquera le bulletin de vote conformément aux instructions de l’électeur;

ne divulguera pas le vote de l’électeur;

ne tentera pas d’exercer une influence sur celui-ci dans son choix;

n’a pas déjà aidé, lors de l’élection en cours, une autre personne, à

titre d’ami, à voter.

2000, c. 12, par. 40(2)(d)

(5) Subsection 155(4) of the Act is repealed.

Section 156 of the Act is replaced by the following:

Use of interpreter

An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.

(1) The portion of subsection 157(1) of the Act before paragraph (

a) is replaced by the following:

Elector who is confined to bed

(1) At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall

(1.1) Paragraph 157(1)(

b) of the French version of the Act is replaced by the following:

avec l’approbation du responsable de l’établissement, transporter l’urne, les bulletins de vote et les autres documents électoraux nécessaires de chambre en chambre, en vue de recueillir les votes des électeurs alités qui résident habituellement dans la

section de vote où se trouve l’établissement.

(2) Subsection 157(2) of the Act is replaced by the following:

Procedure for taking the votes

(2) When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

Subsections 158(2) and (3) of the Act are replaced by the following:

Transfer certificate for election officer

(2) An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.

Condition

(3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.

2007, c. 21, s. 25

Section 159 of the Act is replaced by the following:

Transfer certificate for elector with disability

(1) An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.

Application

(2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

Issue of transfer certificate to elector with disability

(3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.

(1) The portion of

section 160 of the Act before paragraph (

a) is replaced by the following:

Signing, numbering and recording transfer certificate

The election officer who issues a transfer certificate shall

(2) Paragraph 160(

e) of the Act is replaced by the following:

(

e) if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

2007, c. 21, s. 26(1); 2014, c. 12, s. 50(1)(F)

(1) The portion of subsection 161(1) of the Act before paragraph (

a) is replaced by the following:

Registration in person

(1) An elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector

2014, c. 12, s. 50(1.1)

(2) Paragraph 161(1)(

a) of the French version of the Act is replaced by the following:

soit en présentant la pièce visée à l’alinéa 143(2)

a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)

b) dont au moins une porte une telle adresse;

2014, c. 12, s. 50(1.1)

(3) Paragraph 161(1)(

b) of the Act is replaced by the following:

(

b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

(

i) provides the piece or pieces of identification referred to in paragraph 143(2)(

a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

(ii)

vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

(4) Subsections 161(2) and (3) of the Act are replaced by the following:

Vouching for electors in long-term care institution

(2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(

b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

Definition of employee

(2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.

Representative of each candidate

(3) The election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.

2014, c. 12, s. 50(3)

(5) Subsection 161(4) of the Act is replaced by the following:

Registration certificate

(4) If the elector satisfies the requirements of subsection (1), the election officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under

section 3.

2014, c. 12, s. 50(5)

(6) Subsections 161(6) and (7) of the Act are repealed.

2014, c. 12, s. 51

Section 161.1 of the Act is replaced by the following:

Requirement before making solemn declaration — elector

161.1

(1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).

Requirement before making solemn declaration — vouching for elector

(2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

The heading before

section 162 of the Act is replaced by the following:

Duties of Election Officers Assigned to Polling Station

(1) The portion of

section 162 of the Act before paragraph (

b) is replaced by the following:

Duties

An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall

(

a) make, on the prescribed form, the entries required under this Act;

(2) Paragraph 162(

d) of the Act is repealed.

2007, c. 21, s. 28

(3) Paragraphs 162(

f) and (

g) of the Act are replaced by the following:

(

f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;

(

g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(

a) or (b), respectively, or to make a solemn declaration;

2007, c. 21, s. 28

(4) Paragraph 162(

i) of the Act is replaced by the following:

(

i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in

section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

Section 164 of the Act is replaced by the following:

Procedure in case of contravention of secrecy

(1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(

a) to (

c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

Clarification

(2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.

2014, c. 12, s. 53

Section 164.1 of the Act is replaced by the following:

Engagement of auditor

164.1

For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.

Subsection 166(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (

b) and by repealing paragraph (c).

Section 167 of the Act is repealed.

(1) Subsection 168(4) of the Act is replaced by the following:

Combining advance polling districts

(4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.

(2) Subsection 168(5) of the French version of the Act is replaced by the following:

Demande de modification de l’emplacement d’un bureau de vote par anticipation

(5) Si une demande de modification de l’emplacement d’un bureau de vote par anticipation est présentée au directeur du scrutin au plus tard quatre jours après la délivrance du bref, celui-ci peut, avec l’agrément préalable du directeur général des élections, prendre des dispositions en vue de changer le bureau de place.

(3) Subsections 168(6) and (7) of the Act are replaced by the following:

Accessibility

(6) An advance polling station shall be in premises that are accessible to electors with a disability.

Exception

(7) If a returning officer is unable to secure suitable premises for an advance polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the advance polling station in premises that are not accessible to such electors.

Advance polling station in more than one premises

(8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes.

For greater certainty, subsections (5) to (7) apply to the advance polling station.

The Act is amended by adding the following after

section 168:

Transfer Certificates

Transfer certificate for candidate

168.1

(1) A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.

Transfer certificate for election officer

(2) An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.

Condition

(3) A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.

Transfer certificate for elector whose advance polling station has moved

(4) If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.

Transfer certificate for elector with disability

168.2

(1) An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.

Application requirements

(2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

Issue of transfer certificate to elector with disability

(3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the