Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
Elections Modernization Act
S.C. 2018, c. 31
Assented to 2018-12-13
An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
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
(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
Marginal note:Short title
1 This Act may be cited as the Elections Modernization Act.
2000, c. 9Canada Elections Act
Marginal note:2014, c. 12, s. 2(2)
2 (1) The definitions leadership campaign expense and nomination campaign expense in subsection 2(1) of the Canada Elections Act are repealed.
Marginal note: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
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
election officer means a person referred to in subsection 22(1) or appointed under section 32. (fonctionnaire électoral)
- polling day
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
prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. (prescrit)
- Register of Electors
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;
Marginal note: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
Marginal note: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:
- political affiliation
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
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
election advertising expense means an expense incurred in relation to
- election survey
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
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
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
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
partisan advertising expense means an expense incurred in relation to
- potential candidate
potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who
- pre-election period
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
- Register of Future Electors
Register of Future Electors means the Register of Future Electors established under paragraph 44(1)(b). (Registre des futurs électeurs)
Marginal note: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:
Marginal note: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:
Marginal note: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):
Marginal note:Definitions of election advertising and partisan advertising
(7) For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes
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