This enactment amends the Canada Elections Act to, among other things,
(a) provide for two additional days of advance polling;
(b) authorize returning officers to constitute polling divisions that consist of a single institution, or part of an institution, where seniors or persons with a disability reside and provide for the procedures for voting at polling stations in those polling divisions;
(c) update the process for voting by special ballot;
(d) provide for the establishment of offices for voting by special ballot at post-secondary educational institutions;
(e) provide for new requirements relating to political parties’ policies for the protection of personal information;
(f) establish new prohibitions and modify existing prohibitions, including in relation to foreign influence in the electoral process, the provision of false or misleading information respecting elections and the acceptance or use of certain contributions; and
(g) expand the scope of certain provisions relating to the administration and enforcement of that Act, including by granting the Commissioner of Canada Elections certain powers in respect of any conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, a contravention of that Act.
The enactment also provides that the Chief Electoral Officer must make a report on the measures that need to be taken to implement a three-day polling period, a report on the measures that need to be taken to enable electors to vote at any place in their polling station, a report on the feasibility of enabling electors to vote at any polling station in their electoral district and a report proposing a process for the determination of whether a political party has as one of its fundamental purposes the promotion of hatred against an identifiable group of persons.
First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024 |
HOUSE OF COMMONS OF CANADA |
An Act to amend the Canada Elections Act
|
FIRST READING, March 20, 2024
|
MINISTER OF PUBLIC SAFETY, DEMOCRATIC INSTITUTIONS AND INTERGOVERNMENTAL AFFAIRS |
This enactment amends the Canada Elections Act to, among other things,
(a) provide for two additional days of advance polling;
(b) authorize returning officers to constitute polling divisions that consist of a single institution, or part of an institution, where seniors or persons with a disability reside and provide for the procedures for voting at polling stations in those polling divisions;
(c) update the process for voting by special ballot;
(d) provide for the establishment of offices for voting by special ballot at post-secondary educational institutions;
(e) provide for new requirements relating to political parties’ policies for the protection of personal information;
(f) establish new prohibitions and modify existing prohibitions, including in relation to foreign influence in the electoral process, the provision of false or misleading information respecting elections and the acceptance or use of certain contributions; and
(g) expand the scope of certain provisions relating to the administration and enforcement of that Act, including by granting the Commissioner of Canada Elections certain powers in respect of any conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, a contravention of that Act.
The enactment also provides that the Chief Electoral Officer must make a report on the measures that need to be taken to implement a three-day polling period, a report on the measures that need to be taken to enable electors to vote at any place in their polling station, a report on the feasibility of enabling electors to vote at any polling station in their electoral district and a report proposing a process for the determination of whether a political party has as one of its fundamental purposes the promotion of hatred against an identifiable group of persons.
Available on the House of Commons website at the following address:
www.ourcommons.ca
|
1st Session, 44th Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024 |
HOUSE OF COMMONS OF CANADA |
BILL C-65 |
An Act to amend the Canada Elections Act |
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 This Act may be cited as the Electoral Participation Act.
2000, c. 9
polling station means a place established under section 120, 122, Insertion start 124 Insertion end , 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)
2018, c. 31, s. 15
2006, s. 9, s. 175
2007, c. 10, s. 1
2007, c. 10, s. 1
2007, c. 10, s. 1
(e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures of at least Insertion start 75 Insertion end electors resident in the electoral district;
(f) for an electoral district listed in Schedule 3, the names, addresses and signatures of at least 50 electors resident in the electoral district; and
2018, c. 31, s. 53(8)
2018, c. 31, s. 54
(a) the first day of the pre-election period in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2; and
(b) the date of the issue of the Notice of Election in any other case.
End of inserted block2018, c. 31, s. 58
2018, c. 31, s. 61
2018, c. 31, s. 62
(a) was represented in the House of Commons on the day before the day on which the writ was issued;
(b) endorsed a candidate in one of the last two elections in that electoral district; or
(c) endorsed candidates in at least two thirds of all electoral districts in the last general election.
End of inserted block2007, c. 21, s. 14(1)(F)
(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;
(b) the dates on which and hours during which the polling station is open;
(c) the fact that proof of the elector’s identity will be required before the elector is allowed to vote at the elector’s polling station;
(d) the dates of advance polls and the voting hours and locations of advance polling stations;
(e) the fact that proof of the elector’s identity and residence will be required before the elector is allowed to vote at an advance polling station; and
(f) a telephone number to call for more information.
End of inserted block2014, c. 12, s. 33
2018, c. 31, s. 70
2014, c. 12, s. 41
(g) a ballot box for polling day and Insertion start one or more Insertion end ballot Insertion start boxes Insertion end for advance polling;
(h) the text of the Insertion start solemn declarations Insertion end to be Insertion start made by Insertion end electors; and
(a) the elector is not required to provide proof of residence for the purposes of subsection 143(2) or paragraph 161(1)(a) or prove residence for the purposes of subsection 143(3), section 144, subsection 147(1), section 148 or paragraph 161(1)(b);
(b) for the purposes of paragraphs 143(2)(a) and (b) and (3)(a) and 161(1)(a) and subparagraph 161(1)(b)(i), the elector is not required to provide pieces of identification that contain the elector’s address, establish the elector’s address or contain an address that proves the elector’s residence or is consistent with information related to the elector that appears on the list of electors;
(c) if the elector makes the solemn declaration referred to in subsection 549.1(1) for the purposes of subsection 143(3), section 144, subsection 147(1), section 148 or paragraph 161(1)(b), the solemn declaration is not required to include the statement referred to in paragraph 549.1(1)(a);
(d) if the elector makes the solemn declaration referred to in subsection 549.1(2) for the purposes of paragraph 143(3)(b) or subparagraph 161(1)(b)(ii), the solemn declaration is not required to include the statement referred to in paragraph 549.1(2)(a);
(e) for the purposes of subsections 143(3.01), 143.1(1), 161(2) and 161.1(1), the elector may decide to prove identity only;
(f) for the purposes of subsection 143(4), the election officer is deemed to be satisfied that the elector’s residence has been proven;
(g) if the elector makes the solemn declaration referred to in section 146 or the solemn declaration referred to in the subsection 161(4) for the purposes of that section or subsection, that solemn declaration is not required to include the statement that the elector resides at the address at which the elector claims to reside; and
(h) for the purposes of subsection 148.1(1), the elector is deemed to have proven residence in accordance with section 143.
End of inserted block(a) in person at a polling station on polling day Insertion start or at a polling station established under subsection 124(1) Insertion end ;
(e) an elector and a Insertion start person Insertion end who is Insertion start assisting the elector Insertion end by virtue of subsection 155(1), only for the period necessary to enable the elector to vote;
(a) on the first day that the polling station is open,
(i) open the ballot box and ascertain that it is empty,
(ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and
(iii) place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day; and
(b) on each subsequent day, if any, that the polling station is open, place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day.
End of inserted block(a) take the steps set out in subparagraphs (1)(a)(i) to (iii) with regard to that other ballot box; and
(b) take the steps set out in paragraph (1)(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.
End of inserted block(a) for any ballot box that was used at the polling station, note may be taken when the polling station closes;
(b) for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and
(c) for each of the ballot boxes that were used at the polling station, note may be taken when the votes are counted on polling day.
End of inserted block2018, c. 31, s. 101(1)(E)
2018, c. 31, s. 101(4)(F)
2018, c. 31, s. 115(3)
2018, c. 31, s. 119
2018, c. 31, s. 122
(b) on the 2nd, 3rd, 4th, Insertion start 5th Insertion end and Insertion start 6th Insertion end days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.
2018, c. 31, s. 122
2018, c. 31, s. 122
(a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the Insertion start six Insertion end days of advance polling;
2018, c. 31, s. 122
2018, c. 31, s. 122
c) soit l’occupant Insertion start ou le propriétaire Insertion end a refusé l’entrée au directeur du scrutin, soit il y a des motifs raisonnables de croire que tel sera le cas ou qu’il sera impossible Insertion start pour le directeur Insertion end d’obtenir le consentement de Insertion start l’un de ceux-ci Insertion end .
2018, c. 31. s. 157
(a) is authorized by the returning officer to vote other than under this Division;
(b) returns the special ballot and outer envelope that the elector received to a designated election officer in person at
(i) the office of the returning officer in the elector’s electoral district,
(ii) the elector’s advance polling station, or
(iii) the elector’s polling station; or
(c) makes the solemn declaration referred to in subsection 549.1(1) in writing.
End of inserted block2018, c. 31, s. 162
Insertion start (a) Insertion end that the ballot is received at the office of that returning officer before the close of the polling stations on polling day Insertion start by sending the sealed outer envelope to the returning officer by mail or any other means; or Insertion end
(b) that the ballot is received at a polling station in that district before the closing of the polling stations on polling day by depositing the sealed outer envelope in a ballot box for the deposit of outer envelopes installed under subsection (2.1).
End of inserted block2018, c. 31, s. 165
2018, c. 31, s. 165
(a) an office for voting by special ballot was established on the institution’s premises for the general election held in 2019 and the institution agrees to the establishment of an office for voting by special ballot on its premises; or
(b) the institution requests the returning officer to establish an office for voting by special ballot on its premises.
End of inserted block2018, c. 31, s. 190
(f) alter, deface or destroy a ballot, Insertion start a special ballot Insertion end , the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;
2018, c. 31, s. 190
(i) destroy, take, open or otherwise interfere with a ballot box, Insertion start inner or outer envelope Insertion end or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.
2018, c. 31, s. 190
2018, c. 31, s. 190
2018, c. 31, s. 190
(b) a corporation or entity incorporated, formed or otherwise organized outside Canada Insertion start if it Insertion end does not carry on business in Canada or Insertion start one of the primary activities that it carries on Insertion end in Canada Insertion start consists of doing anything Insertion end to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, potential candidate, registered party or Insertion start eligible party Insertion end , at Insertion start an Insertion end election;
2018, c. 31, s. 190
(a) they knowingly incur any expense to directly promote or oppose a candidate Insertion start or potential candidate Insertion end in that election, a registered party or Insertion start eligible party Insertion end that has endorsed a candidate Insertion start or potential candidate Insertion end in that election or the leader of such a registered party Insertion start or eligible party; or Insertion end
2018, c. 31, s. 190
2018, c. 31, s. 190
(b) a statement by them that encourages the elector to vote or refrain from voting for any candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end in the election; or
2018, c. 31, s. 190
(a) that has not been supplied by Insertion start an election officer Insertion end ;
2018, c. 31, s. 212
2018, c. 31, s. 222(2)
(a) in Insertion start Divisions Insertion end 0.1 Insertion start and 0.2 Insertion end , a person or a group other than
2018, c. 31, s. 223
(b) a corporation or entity incorporated, formed or otherwise organized outside Canada Insertion start if it Insertion end does not carry on business in Canada or Insertion start one of the primary activities that it carries Insertion end on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , at an election;
(a) a cryptoasset, namely a digital asset protected by cryptographic measures;
(b) a money order; or
(c) a prepaid payment product, namely a physical or electronic product that is or can be loaded with funds and that can be used to make withdrawals or purchase goods or services.
End of inserted block(a) return the contribution unused to the contributor;
(b) if it is not possible to return the contribution, destroy it unused;
(c) if it is not possible to return or destroy the contribution, convert it into money and pay the amount of it to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
End of inserted block2018, c. 31, s. 223
(i) it does not carry on business in Canada or Insertion start one of the primary activities that it carries Insertion end on in Canada during a pre-election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , at the following election, and
2018, c. 31, s. 223
(a) their name and address;
(b) the amount of each contribution;
(c) a list of the property or services that was contributed; and
(d) the date each contribution was made.
End of inserted block2018, c. 31, s. 223
(a) the amount of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(a);
(b) for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(a), their name and address and the amount and date of each contribution; and
2018, c. 31, s. 223
2018, c. 31, s. 223
(a) the calendar year that precedes the calendar year in which a pre-election period occurs, or
(b) the fiscal year that precedes the fiscal year in which a pre-election period occurs.
End of inserted blockCanadian individual means an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. (particulier canadien)
regulated expenses means any of the following expenses:
(a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;
(b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and
(c) election survey expenses in relation to election surveys that are conducted during that period. (dépenses réglementées)
End of inserted block2018, c. 31, s. 225
(i) it does not carry on business in Canada or Insertion start one of the Insertion end primary Insertion start activities that it carries on Insertion end in Canada during an election period Insertion start consists of doing anything Insertion end to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , at the election, and
2018, c. 31, s. 226(1)
(a) their name and address;
(b) the amount of each contribution;
(c) a list of the property or services that was contributed; and
(d) the date each contribution was made.
End of inserted block2018, c. 31, s. 231
(a) the amount of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);
(b) for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name and address and the amount and date of each contribution; and
2018, c. 31, s. 231
2018, c. 31, s. 231
(a) the calendar year that precedes the calendar year in which a pre-election period occurs, or
(b) the fiscal year that precedes the fiscal year in which a pre-election period occurs.
End of inserted blockCanadian individual means an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. (particulier canadien)
regulated expenses means any of the following expenses:
(a) partisan activity expenses in relation to partisan activities that are carried out during an election period;
(b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and
(c) election survey expenses in relation to election surveys that are conducted during that period. (dépenses réglementées)
End of inserted block(a) their name and address;
(b) the amount of each contribution;
(c) a list of the property or services that was contributed; and
(d) the date each contribution was made.
End of inserted block2018, c. 31, s. 234(2)
(a) the amount of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning on the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on the polling day referred to in that subsection;
(b) for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a), their name and address and the amount and date of each contribution; and
2018, c. 31, s. 234(5)(F)
2018, c. 31 s. 234(6)
(a) a cryptoasset, namely a digital asset protected by cryptographic measures;
(b) a money order; or
(c) a prepaid payment product, namely a physical or electronic product that is or can be loaded with funds and that can be used to make withdrawals or purchase goods or services.
End of inserted block(a) return the contribution unused to the contributor;
(b) if it is not possible to return the contribution, destroy it unused;
(c) if it is not possible to return or destroy the contribution, convert it into money and pay the amount of it to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
End of inserted block2018, c. 20, s. 2
2018, c. 20, s. 2
2018, c. 20, s. 2
2018, c. 31, s. 254(1)
(k) the party’s policy for the protection of personal information; and
2004, c. 24, s. 16; 2014, c. 12, s. 86; 2018, c. 31, s. 255; 2023, c. 26, s. 680
(d) the Chief Electoral Officer is satisfied that the party’s policy for the protection of personal information meets the requirements set out in subsection 444.4(1).
End of inserted block(c) a statement certified by its privacy officer that the party complies with its policy for the protection of personal information.
End of inserted block(a) designate a privacy officer who is responsible for overseeing the party’s compliance with the policy;
(b) include the name and contact information of the privacy officer;
(c) state the types of personal information that the party collects, retains, uses, discloses and disposes of;
(d) explain, using illustrative examples, how the party collects, retains, uses, discloses and disposes of personal information, such as by indicating whether it does so in the context of online activities or through the use of cookies;
(e) describe the training related to the protection of personal information that is offered to the party’s employees and volunteers who may have access to the personal information that is under its control;
(f) require the party to protect the personal information that is under its control through physical, organizational and technological security safeguards with a level of protection proportionate to the sensitivity of the personal information;
(g) require the party to take appropriate steps in the case of the loss of, unauthorized access to or unauthorized disclosure of personal information that is under its control as a result of a breach of its security safeguards, including by, as soon as feasible, informing the individual whose personal information has been lost, accessed or disclosed if it is reasonable in the circumstances to believe the breach creates a real risk of significant harm to the individual;
(h) require the party to ensure, by contract or otherwise, that any person or entity to which it transfers personal information provides a level of protection of the personal information equivalent to that which the party is required to provide under the policy;
(i) require the privacy officer or their delegate to attend at least one meeting per calendar year relating to the protection of personal information held by the Chief Electoral Officer; and
(j) prohibit the party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, from
(i) providing false or misleading information to individuals about the purposes for which the party collects personal information,
(ii) selling personal information under the party’s control, or
(iii) disclosing personal information under the party’s control to the public for the purpose of causing harm.
End of inserted block(a) the sensitivity of the personal information involved in the breach; and
(b) the probability that the personal information has been, is being or will be misused.
End of inserted block2014, c. 12, s. 86
2014, c. 12, s. 86
2018, c. 31, s. 323
(a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, Insertion start nomination contestant Insertion end , candidate, Insertion start potential candidate Insertion end , prospective candidate or Insertion start leadership contestant Insertion end to distribute, transmit or publish it; and
(b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer or that returning officer, political party, Insertion start nomination contestant Insertion end , candidate, Insertion start potential candidate Insertion end , prospective candidate or Insertion start leadership contestant Insertion end .
(a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, Insertion start nomination contestant Insertion end , candidate, Insertion start potential candidate Insertion end , prospective candidate or Insertion start leadership contestant Insertion end , as the case may be; or
(b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the Insertion start nomination contestant Insertion end , candidate, Insertion start potential candidate Insertion end , prospective candidate or Insertion start leadership contestant Insertion end or of a public figure who is associated with the political party.
2018, c. 31, s. 323
(a) who may vote in an election, including who is qualified as an elector or may register as an elector;
(b) the process by which an individual may register to vote;
(c) where, when or the manner in which an individual may vote in an election, including at an advance poll or by special ballot;
(d) whom an individual may vote for at an election;
(e) the process by which an individual becomes a candidate;
(f) the process by which votes at an election are counted or the results are validated; or
(g) the preliminary, validated or official results of an election.
End of inserted block(e) knowingly contravenes section 92.1 (conveying false or misleading information — nomination paper); or
(f) knowingly contravenes section 92.2 (filing nomination paper — false or misleading information).
End of inserted block(c) knowingly contravenes section 92.1 (conveying false or misleading information — nomination paper).
End of inserted block(b) being an election officer, contravenes any of subsections 140.1(1), (2), (3) and (5) (failure to take required measures with respect to polling) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or
End of inserted block2018, c. 31, s. 331
(a) section 349.04 (accepting a contribution that is in the form of a cryptoasset, money order or payment product); or
(b) section 349.05 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product).
End of inserted block(i) subsection 349.95(1) (limitations on expenses).
End of inserted block(f) subsection 358(1) (limitation on expenses).
End of inserted block(h.1) being a registered party, registered association, nomination contestant, candidate, or leadership contestant, contravenes section 372.1 (accepting a contribution that is in the form of a cryptoasset, money order or payment product);
(h.2) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate, or the financial agent of a nomination contestant or leadership contestant, contravenes section 372.2 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product);
End of inserted block(m.1) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate, or the financial agent of a nomination contestant or leadership contestant, knowingly contravenes section 372.2 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product);
End of inserted block2018, c. 20, s. 9
2018, c. 20, s. 9
2018, c. 31, s. 346(1)
2018, c. 31, s. 346(2)
2018, c. 31, s. 350
Insertion start (a) Insertion end contravenes section Insertion start 43.1, any of paragraphs 56(a) to (d), section 81, 81.1, 92.1 or 92.2, subsection 136(4), section 166 Insertion end , 281.3, 281.4, 281.5 or Insertion start 281.8 Insertion end or a provision of any of Parts 16, 17 and 18;
(b) attempts to commit, or conspires with any person or entity to commit, a contravention of a provision referred to in paragraph (a);
(c) counsels any person or entity to commit such a contravention, in the case where the contravention is not committed;
(d) is an accessory after the fact to the commission of such a contravention; or
End of inserted blockInsertion start (e) Insertion end fails to comply with a requirement of the Chief Electoral Officer under any of Parts 16, 17 and 18, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner.
2018, c. 31, s. 350
2018, c. 31, s. 350
(a) $1,500, in the case of an individual; and
(b) $5,000, in the case of a corporation or entity.
2018, c. 31, s. 352
2018, c. 31, s. 357
(a.1) produce to the Commissioner or the authorized representative, within a time and at a place specified in the order, a record — or a copy of a record certified by affidavit to be a true copy — or any other thing specified in the order; or
End of inserted block2018, c. 31, s. 357
2014, c. 12, s. 108
(d) information that is required to be disclosed in the course of a prosecution for an offence under this Act Insertion start or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act Insertion end ;
2018, c. 31, s. 360
2018, c. 31, s. 361
2014, c. 12, s. 109
2014, c. 12, s. 109
2018, c. 31, s. 363(1)
2018, c. 31, s. 363(3)(E)
2018, c. 31, s. 365
(b) identifies the provision of this Act, the requirement or the provision of the compliance agreement or undertaking Insertion start to which the violation relates Insertion end ;
2018, c. 31, s. 365
(a) identifies the provision of this Act, the requirement of the Chief Electoral Officer or the provision of a compliance agreement or undertaking Insertion start to which the violation relates Insertion end ;
2018, c. 31, s. 365
(b) identifies the act or omission to which the Insertion start violation Insertion end relates; and
2018, c. 31, s. 365
2018, c. 31, s. 365
(a) does or omits to do anything for the purpose of aiding that other person or entity to commit the violation;
(b) abets that other person or entity in committing the violation; or
(c) counsels that other person or entity to commit the violation.
End of inserted block2018, c. 31, s. 368(E)
2014, c. 12, s. 117
2018, c. 31, s. 372
2018, c. 31, s. 372
(d) the elector has not previously voted in the election and Insertion start will not vote more than once in the election, including by using a special ballot Insertion end .
(a) the costs of, the necessary technology for and any challenges related to the implementation of a three-day polling period, as well as solutions to those challenges;
(b) the date by which each measure needs to be taken if the Chief Electoral Officer is of the opinion that it is feasible for the measures to be taken for the first general election for which the writs are issued after January 1, 2029; and
(c) the date by which it would be feasible to take each measure if the Chief Electoral Officer is of the opinion that it is not feasible for the measures to be taken for the first general election for which the writs are issued after January 1, 2029.
(a) the measures that need to be taken to enable electors to vote at any polling station in their electoral district, including any necessary amendments to the Canada Elections Act;
(b) the date by which each measure needs to be taken if the Chief Electoral Officer is of the opinion that it is feasible to enable electors to vote at any polling station in the electoral district for the first general election for which the writs are issued after January 1, 2029; and
(c) the date by which it would be feasible to take each measure if the Chief Electoral Officer is of the opinion that it is not feasible to enable electors to vote at any polling station in the electoral district for the first general election for which the writs are issued after January 1, 2029.
115 Subject to subsections 18.1(5) and (6) of the Canada Elections Act, any alternative voting process or voting technology approved for use under subsection 18.1(4) of that Act during the 44th Parliament may be used in one or more elections held within six years after the day on which the approval is granted.
116 (1) Within three months after the day on which this section comes into force, the leader of a political party must provide the Chief Electoral Officer with the party’s policy for the protection of personal information referred to in subsection 444.4(1) of the Canada Elections Act if
(a) before the day on which this section comes into force, the leader of the party has applied under section 385 of that Act for the party to become a registered party but, as of that day, the Chief Electoral Officer has not yet informed the leader under subsection 389(1) of that Act whether the party is eligible under section 387 of that Act for registration; or
(b) on the day on which this section comes into force, the party is
(i) an eligible party, or
(ii) a registered party.
(2) If the leader of the political party does not comply with subsection (1), then
(a) in the case of a party referred to in paragraph (1)(a), the party is not eligible under section 387 of the Canada Elections Act for registration;
(b) in the case of a party referred to in subparagraph (1)(b)(i), the party is not permitted to become a registered party under section 390 of that Act; and
(c) in the case of a party referred to in subparagraph (1)(b)(ii), the Chief Electoral Officer shall implement the procedure for non-voluntary deregistration set out in sections 415, 416 and 418 of that Act.
(3) If the leader of a political party provides the Chief Electoral Officer with the policy referred to in subsection (1) in compliance with that subsection, or in compliance with a notice referred to in subsection 415(1) of the Canada Elections Act or a notice amended under subsection 415(2) of that Act, then the policy is deemed, as of the day on which it is provided, to be included in the application for registration referred to in subsection 385(2) of that Act in respect of the party.
117 Paragraph 387(d) of the Canada Elections Act, does not apply in respect of applications made under subsection 385(1) of that Act before the day on which that paragraph comes into force.
120 Section 6 comes into force on the day after the next fixed election date.
Published under authority of the Speaker of the House of Commons
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polling station means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)
(2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.
(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.
(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.
25 Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.
(2) Subject to subsection (1), each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, October 19, 2009.
56.2 (1) If the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall recommend to the Governor in Council that polling day be that other day.
(2) If the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), he or she shall without delay publish in the Canada Gazette notice of the day recommended.
(4) The alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week.
(5) An order under subsection (3) shall not be made after August 1 in the year in which the general election is to be held.
66 (1) A nomination paper shall be in the prescribed form and include
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(e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the electoral district;
(f) for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district;
(g) the name, address and signature of the witness to each signature made under paragraph (e) or (f); and
(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.
67 (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.
69 The closing day for nominations shall be Monday, the 21st day before polling day.
71 (1) The returning officer shall, not later than 48 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.
(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 inCla subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.
(2) Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.
(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.
(2) The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate
96 (1) The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.
102 Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).
105 (1) Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.
(2) The Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.
106 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.
119 (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
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(g) a ballot box for polling day and a separate ballot box for each day of advance polling;
(h) the text of the oaths to be administered to electors; and
(4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.
127 An elector may vote
(a) in person at a polling station on polling day;
135 (1) The only persons who may be present at a polling station on polling day are
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(e) an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote;
155 (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.
(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
...
(d) has not, during the current election, assisted another person, as a friend, to mark a ballot.
(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.
(2) An advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.
175 (1) At the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,
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(b) on the 2nd, 3rd and 4th days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.
(2) At the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.
(4) The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:
(a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;
(7) Dans le cas où l’urne à recouvrer se trouve dans un lieu d’habitation ou dans un véhicule, le directeur du scrutin ne peut y entrer sans le consentement de l’occupant que s’il accompagne un agent de la paix muni d’un mandat décerné en vertu du paragraphe (8).
(8) Sur demande ex parte présentée par le directeur du scrutin, un juge de paix peut décerner un mandat autorisant un agent de la paix à entrer dans un lieu d’habitation ou dans un véhicule, accompagné du demandeur, s’il est convaincu, sur la foi d’une dénonciation sous serment, que les conditions suivantes sont réunies :
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c) soit l’occupant a refusé l’entrée au directeur du scrutin, soit il y a des motifs raisonnables de croire que tel sera le cas ou qu’il sera impossible d’obtenir le consentement de l’occupant.
176 (1) As soon as possible after the close of advance polling stations on Monday, the 7th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.
224 The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.
232 (1) An elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.
235 Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.
(2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.
243.01 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer 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) 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
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(d) has not, during the current election, assisted another person, as a friend, to mark a ballot.
281.7 (1) No person shall
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(f) alter, deface or destroy a ballot, the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;
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(i) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.
282 (1) At an election, no person shall, as a friend, assist under section 155 or 243.01, more than one elector for the purpose of marking a ballot.
282.4 (1) No person or entity referred to in any of paragraphs (a) to (e) shall, during an election period, unduly influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election:
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(b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election;
(2) For the purposes of subsection (1), a person or entity unduly influences an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election if
(a) they knowingly incur any expense to directly promote or oppose a candidate in that election, a registered party that has endorsed a candidate in that election or the leader of such a registered party;
(3) For greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the elector to vote or refrain from voting, or to vote or refrain from voting for the particular candidate or registered party, consists of
...
(b) a statement by them that encourages the elector to vote or refrain from voting for any candidate or registered party in the election; or
(5) No person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit an election advertising message or to cause an election advertising message to be transmitted.
284 (1) In examining the ballots, the election officer who counts the votes shall reject one
(a) that has not been supplied by him or her;
330 (1) No person shall, with intent to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election, use a broadcasting station outside Canada, or aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election.
third party means
(a) in Division 0.1, a person or a group other than
foreign entity includes
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(b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;
(2) In subsection (1), a foreign third party is a third party in respect of which
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(b) if the third party is a corporation or entity,
(i) it does not carry on business in Canada, or its only activity carried on in Canada during a pre-election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the following election, and
349.6 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:
(4) The interim third-party expenses return shall include
(a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(a);
(b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(a), their name, address and class, and the amount and date of each contribution;
(c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and
(7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:
(a) individuals;
(b) businesses;
(c) commercial organizations;
(d) governments;
(e) trade unions;
(f) corporations without share capital other than trade unions; and
(g) unincorporated organizations or associations other than trade unions.
349.94 No third party shall use a contribution made for partisan activity, partisan advertising or election survey purposes for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 349.91(7) the contributor falls:
(2) In subsection (1), a foreign third party is a third party in respect of which
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(b) if the third party is a corporation or entity,
(i) it does not carry on business in Canada, or its primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election, and
353 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:
(4) The interim third-party expenses return shall include
(a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);
(b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution;
(c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and
(7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:
(a) individuals;
(b) businesses;
(c) commercial organizations;
(d) governments;
(e) trade unions;
(f) corporations without share capital other than trade unions; and
(g) unincorporated organizations or associations other than trade unions.
357.1 No third party shall use a contribution for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) the contributor falls:
(4) The third-party expenses return shall include
(a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on that polling day referred to in that subsection;
(b) subject to paragraph (b.1), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a), their name, address and class, and the amount and date of each contribution;
(b.1) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and
(6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:
(a) individuals;
(b) businesses;
(c) commercial organizations;
(d) governments;
(e) trade unions;
(f) corporations without share capital other than trade unions; and
(g) unincorporated organizations or associations other than trade unions.
(7) If the third party is unable to identify which contributions were received during the period referred to in paragraph (4)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the third-party expenses return shall include, subject to paragraph (4)(b.1), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.
384.2 (1) If a registered party organizes all or part of a regulated fundraising event for its own financial benefit or for the financial benefit of one of its registered associations, nomination contestants, candidates or leadership contestants, the registered party shall publish the information set out in subsection (2) in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.
(2) The information to be published under subsection (1) and provided under subsection (3) is the following:
(a) the date, time and location of the regulated fundraising event;
(b) the name of each entity or person referred to in paragraph 384.1(1)(a) for whose financial benefit the event is organized;
(c) the name of each person referred to in subparagraph 384.1(1)(b)(i) who will be attending the event;
(d) the total amount of contributions that a person will be required to have made, or the amount that they will be required to have paid, in order to attend the event; and
(e) the contact information of an individual who may be contacted and from whom further information about the event may be obtained.
(3) If a regulated fundraising event is organized entirely by one or more persons or entities other than the registered party for whose financial benefit the event is organized, or for the financial benefit of whose registered association, nomination contestant, candidate or leadership contestant the event is organized, each person or entity that organizes the event or any part of it shall provide the information set out in subsection (2) to the registered party in time for the registered party to be able to publish the information as required under subsection (4).
(4) If at least one person or entity referred to in subsection (3) complies with the obligation under that subsection — to provide information to the registered party in time for the registered party to be able to publish it — the registered party shall publish that information in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.
(4.1) If a registered party is required to publish information under subsection (1) or (4), it shall also notify the Chief Electoral Officer of the regulated fundraising event no later than five days before the day the event takes place.
(5) If a registered party referred to in subsection (1) or (4) becomes aware, after publishing information under this section, of any change to that information, the registered party shall replace the old information on its Internet site with the new information as soon as feasible after becoming aware of the change.
(6) If a person or entity referred to in subsection (3) becomes aware, after providing information to a registered party under this section, of any change to that information, the person or entity shall provide the new information to the registered party as soon as feasible after becoming aware of the change.
(7) If new information is provided to a registered party under subsection (6), the registered party shall replace the old information on its Internet site with the new information as soon as feasible after being provided with it.
(8) Subsections (1) to (7) do not apply in respect of a regulated fundraising event that takes place during the election period of a general election.
(13) The Chief Electoral Officer shall publish reports provided under subsections (1), (6) and (8), and any corrected or revised versions of those reports, as soon as feasible after receiving them, in the manner that he or she considers appropriate.
384.4 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution in respect of a regulated fundraising event in respect of which section 384.2 or 384.3 is not complied with, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the non-compliance, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
(2) The application for registration shall include
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(k) the party’s policy for the protection of personal information, including
(i) a statement indicating the types of personal information that the party collects and how it collects that information,
(ii) a statement indicating how the party protects personal information under its control,
(iii) a statement indicating how the party uses personal information under its control and under what circumstances that personal information may be sold to any person or entity,
(iv) a statement indicating the training concerning the collection and use of personal information to be given to any employee of the party who could have access to personal information under the party’s control,
(v) a statement indicating the party’s practices concerning
(A) the collection and use of personal information created from online activity, and
(B) its use of cookies, and
(vi) the name and contact information of a person to whom concerns regarding the party’s policy for the protection of personal information can be addressed; and
385.1 (1) Within three months after the day on which this section comes into force, the leader of a political party shall provide the Chief Electoral Officer with the party’s policy for the protection of personal information referred to in paragraph 385(2)(k) and the Internet address referred to in paragraph 385(2)(l), if
(a) before the day on which this section comes into force, the leader of the party has applied under section 385 for the party to become a registered party but, as of that day, the Chief Electoral Officer has not yet informed the leader under subsection 389(1) whether or not the party is eligible for registration under section 387; or
(b) on the day on which this section comes into force, the party is
(i) an eligible party, or
(ii) a registered party.
(2) If the leader of the political party does not comply with subsection (1), then
(a) in the case of a party referred to in paragraph (1)(a), the party is not eligible for registration under section 387;
(b) in the case of a party referred to in subparagraph (1)(b)(i), the party may not become a registered party under section 390; and
(c) in the case of a party referred to in subparagraph (1)(b)(ii), the Chief Electoral Officer shall implement the procedure for non-voluntary deregistration set out in sections 415, 416 and 418.
(3) If the leader of a political party provides the Chief Electoral Officer with the policy and the address referred to in subsection (1) in compliance with that subsection, or in compliance with section 415, then the policy and the address are deemed, as of the day on which they are provided, to be included in the application for registration referred to in subsection 385(2) in respect of the party.
385.2 (1) Despite the definition personal information in subsection 2(1), for the purposes of this section, personal information means information about an identifiable individual.
(2) In order to participate in public affairs by endorsing one or more of its members as candidates and supporting their election, any registered party or eligible party, as well as any person or organization acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, may, subject to this Act and any other applicable federal Act, collect, use, disclose, retain and dispose of personal information in accordance with the party’s privacy policy.
(3) The purpose of this section is to provide for a national, uniform, exclusive and complete regime applicable to registered parties and eligible parties respecting their collection, use, disclosure, retention and disposal of personal information.
387 A political party whose leader has made an application under subsection 385(1) becomes eligible for registration if
407 (1) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with
445 (1) The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least
(a) 2% of the number of valid votes cast; or
(b) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.
(2) An allowance fund for a quarter is the product of the number of valid votes cast in the election referred to in subsection (1) multiplied by the applicable following number:
(a) $0.255, for the quarter that begins on April 1, 2013 and the three following quarters; and
(b) $0.1275, for the quarter that begins on April 1, 2014 and the three following quarters.
(3) Each such registered party’s allowance for a quarter is that part of the allowance fund for that quarter that corresponds to its percentage of valid votes cast in the election referred to in subsection (1).
(4) A merged party is entitled to the aggregate of the allowances to which the merging parties of which it is composed would have been entitled had they not merged.
446 (1) As soon as feasible after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter.
(2) If a registered party has not provided all of the documents that it is required to provide under sections 432, 433 and 437, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents.
(3) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the registered party out of the Consolidated Revenue Fund. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the party’s leader.
(4) In this Act, provincial division means a division of a registered party for a province or territory in relation to which the party’s leader has provided the following to the Chief Electoral Officer:
(a) the name of the division and of the province or territory;
(b) the name of the party;
(c) the address of the office where records of that division are maintained and to which communications may be addressed;
(d) the names and addresses of the chief executive officer and other officers of the division;
(e) the name and address of any registered agent appointed by the division; and
(f) a declaration signed by the party’s leader certifying that the division is a division of the party.
This Act applies to information provided under this subsection as if it were information referred to in paragraphs 385(2)(a) to (h).
(5) Within 15 days after a change in the information referred to in subsection (4), the chief executive officer of the provincial division shall report the change in writing to the chief agent of the registered party.
(3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by the Director for the purpose of a prosecution for an offence under this Act.
481 (1) Every person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate if
(a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; and
(b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate.
(2) In determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use of
(a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or
(b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party.
482 (1) Every person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election,
(3) Every person is guilty of an offence who
(4) Every entity is guilty of an offence that
(3) Every person is guilty of an offence who
491.1 Every person is guilty of an offence who
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(i) contravenes subsection 282(1) (person who assists elector — limit);
495.3 (1) Every person is guilty of an offence who, being a third party, contravenes
496 (1) Every person is guilty of an offence who, being a third party, contravenes
497 (1) Every person is guilty of an offence who
(2) Every person is guilty of an offence who
497.01 Every person is guilty of an offence who
(a) being a registered party, contravenes subsection 384.2(1) or (4) (failure to publish information about regulated fundraising event);
(b) being a person or entity, contravenes subsection 384.2(3) (failure to provide information about regulated fundraising event);
(b.1) being a registered party, contravenes subsection 384.2(4.1) (failure to notify Chief Electoral Officer of regulated fundraising event);
(c) being a registered party, contravenes subsection 384.2(5) or (7) (failure to replace old information about regulated fundraising event on its Internet site);
(d) being a person or entity, contravenes subsection 384.2(6) (failure to provide new information about regulated fundraising event);
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(k) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes section 384.4 (failure to return or pay amount of contribution); or
500 (1) Every person who is guilty of an offence under any of subsections 484(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.
(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), 480.1(1), 481(1) and 482(1), section 482.1, subsections 484(3), 485(2), 486(3) and (4), 487(2), 488(2) and 489(3), section 490, subsection 491(3), section 491.2, subsection 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liable
508 In a prosecution for an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.
508.1 Every person or entity that contravenes section 281.3, 281.4 or 281.5 or a provision of any of Parts 16, 17 and 18 – or that fails to comply with a requirement of the Chief Electoral Officer under any of those Parts, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner — commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act.
508.3 If an act or omission may be proceeded with as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other.
508.5 (1) Subject to subsection (2), the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity.
(2) The maximum administrative monetary penalty for a violation arising from the contravention of section 363 or 367 is an amount equal to twice the amount that was contributed in contravention of that section, plus
(a) $1,500, in the case of an individual who contravenes section 363 or 367; and
(b) $5,000, in the case of a corporation or an entity that contravenes section 363.
510.01 (1) If, on application of the Commissioner or his or her authorized representative, a judge is satisfied by information on oath that there are reasonable grounds to believe that this Act has been contravened or is about to be contravened and that an individual has or is likely to have information that will provide evidence of the contravention, the judge may order the individual to
(3) No order may be made under subsection (1) against an individual who is alleged to have committed, or who is about to commit, the contravention to which the application relates.
(2) The Commissioner may disclose or may authorize any person acting under his or her direction to disclose
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(d) information that is required to be disclosed in the course of a prosecution for an offence under this Act;
511 (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may institute a prosecution or cause one to be instituted.
(2) A prosecution for an offence under this Act is instituted by the laying of an information in writing and under oath before a justice, as defined in section 2 of the Criminal Code.
512 (1) No prosecution for an offence under this Act may be instituted by a person, other than the Commissioner or a person acting under his or her direction, without the prior written consent of the Director of Public Prosecutions provided after consultation with the Commissioner.
514 (1) Proceedings in respect of an offence under a provision set out in subsection 500(1) may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose.
(3) Proceedings in respect of an offence under a provision set out in any of subsections 500(2) to (5) may be commenced at any time.
516 (1) If the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, the Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to a competent court described in subsection 525(1) for an injunction described in subsection (2).
(2) If the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:
517 (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person or entity has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with the person or entity (in this section and sections 518 to 521 called the “contracting party”).
(4) A compliance agreement may include a statement by the contracting party in which it admits responsibility for the act or omission that constitutes the offence.
521.11 (1) If the Commissioner believes on reasonable grounds that a person or entity has committed a violation, the Commissioner may issue, and shall cause to be served on the person or entity, a notice of violation that
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(b) identifies the provision of this Act that was contravened or the requirement, or the provision of the compliance agreement or undertaking, that was not complied with;
(3) The Commissioner may accept the undertaking only if the undertaking
(a) identifies, as the case may be,
(i) the provision of this Act that was contravened,
(ii) the requirement of the Chief Electoral Officer that was not complied with, or
(iii) if the undertaking relates to the failure to comply with a provision of a compliance agreement or another undertaking, the provision of the compliance agreement or other undertaking that was not complied with;
(b) identifies the act or omission to which the contravention or the failure to comply relates; and
521.24 Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for any offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
521.27 If an entity commits a violation, any of the entity’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the entity that actually committed the violation is proceeded against under this Act.
(5) A returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of two or more institutions where seniors or persons with a disability reside.
(4.1) The Chief Electoral Officer may also disclose any of the documents referred to in subsection (3) to the Commissioner for the purposes of the exercise or performance of the Commissioner’s powers, duties and functions under this Act and the Commissioner may, in turn, disclose any of those documents to the Director of Public Prosecutions, who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.
549.1 (1) For the purposes of subsections 143(3) and (3.2), sections 144 and 147 and paragraphs 161(1)(b) and 169(2)(b), the solemn declaration by which an elector proves his or her identity and residence, proves his or her residence only, proves that he or she is qualified as an elector or proves that he or she has not previously voted at the election shall be in the prescribed form, which shall include the statements that
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(d) the elector has not previously voted in the election and is not an elector to whom section 235 applies.