Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
R.S., c. P-1Parliament of Canada Act
Marginal note:1996, c. 35, s. 87.1
378 Section 31 of the Parliament of Canada Act is amended by adding the following after subsection (1):
Marginal note:Exception
(1.1) Despite subsection (1), no writ for the election of a member of the House shall be issued if the vacancy occurs in the House of Commons less than nine months before the date fixed under subsection 56.1(2) of the Canada Elections Act for the holding of a general election.
2003, c. 22, ss. 12 and 13Public Service Employment Act
Marginal note:2007, c. 21, s. 40
379 Section 50.1 of the Public Service Employment Act is replaced by the following:
Marginal note:Exception — Office of the Chief Electoral Officer
50.1 Despite subsection 50(2), the maximum period of employment of casual workers appointed in the Office of the Chief Electoral Officer — including the portions of the federal public administration in that Office in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions — for the purposes of an election held under that Act or a referendum held under the Referendum Act is 165 working days in one calendar year.
Transitional Provisions
Marginal note:Words and expressions — Canadian Forces electors
380 (1) Words and expressions used in sections 381 and 382 have the same meaning as in section 177 of the Canada Elections Act, as it read immediately before the day on which section 134 of this Act comes into force.
Marginal note:Words and expressions — electors resident outside Canada
(2) Words and expressions used in section 383 have the same meaning as in section 177 of the Canada Elections Act, as it read immediately before the day on which section 153 of this Act comes into force.
Marginal note:Words and expressions — other cases
(3) Words and expressions used in sections 384 to 389 have the same meaning as in subsection 2(1) of the Canada Elections Act, as it read immediately before the day on which the section in question comes into force.
Marginal note:Deemed place of ordinary residence
381 (1) For the purpose of subsection 8(1) of the Canada Elections Act, on the day on which section 134 of this Act comes into force, the place of ordinary residence of a person referred to in paragraph 191(a), (c) or (d) of the Canada Elections Act, as it read immediately before that day, who has made a statement of ordinary residence that has been validated before that day in accordance with paragraph 196(2)(a) of that Act, as it read immediately before that day, is deemed to be the place of ordinary residence identified by that person in their statement of ordinary residence.
Marginal note:Retention of validated statement
(2) The commanding officer of the unit in which the person is serving shall retain the validated statement of ordinary residence referred to in subsection (1) for a period of two years after the day on which section 134 of this Act comes into force.
Marginal note:Statements to be destroyed
(3) Subject to subsection (2), the commanding officer may destroy any original or copy of a statement of ordinary residence that was filed with the unit.
Marginal note:Right to register — Register of Electors
382 (1) Each commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is entitled to vote in accordance with section 191 of the Canada Elections Act of the right to ask the Chief Electoral Officer to include the person in the Register of Electors, as defined in subsection 2(1) of that Act, or, if already included in it, to ask for their registration to be updated.
Marginal note:Right to register — Register of Future Electors
(2) Each commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is qualified as a future elector, as defined in subsection 2(1) of the Canada Elections Act, of the right to ask the Chief Electoral Officer to include the person in the Register of Future Electors, as defined in that subsection.
Marginal note:Electors resident outside Canada
383 If, before the day on which section 153 comes into force, an application for registration and special ballot is made under Division 3 of Part 11 of the Canada Elections Act but no decision has been made in respect of it, it is deemed to have been made under that Division as it reads on that day.
Marginal note:Coming into force during election period
384 (1) If section 1 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights, including obligations to report and rights to reimbursement of election expenses.
Marginal note:Prior elections
(2) All obligations and rights arising out of any election that took place before the day on which section 1 comes into force and that are still outstanding on that day, including obligations to report and rights to reimbursement of election expenses, are subject to the Canada Elections Act as it read immediately before the day on which the writ is issued for that election.
Marginal note:Bill C-50
(3) Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 1 comes into force but both the other Act and that section come into force during the same election period, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that election and all related obligations and rights, including obligations to report and rights to reimbursement of election expenses.
Marginal note:Registered parties — financial reporting
385 For the fiscal period of a registered party during which section 268 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered party is to provide in relation to its financial transactions for that fiscal period.
Marginal note:Registered associations — financial reporting
386 For the fiscal period of a registered association during which section 272 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered association is to provide in relation to its financial transactions for that fiscal period.
Marginal note:Coming into force during nomination contest
387 (1) If section 282 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations, including obligations to report.
Marginal note:Prior nomination contests
(2) All obligations arising out of any nomination contest that took place before the day on which section 282 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read immediately before the date on which the nomination contest began.
Marginal note:Bill C-50
(3) Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 282 comes into force but both the other Act and that section come into force during the same nomination contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that nomination contest and all related obligations, including obligations to report.
Marginal note:Coming into force during leadership contest
388 (1) If section 313 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations, including obligations to report.
Marginal note:Prior leadership contests
(2) All obligations arising out of any leadership contest that took place before the day on which section 313 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read immediately before the day on which the leadership contest began.
Marginal note:Bill C-50
(3) Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 313 comes into force but both the other Act and that section come into force during the same leadership contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that leadership contest and all related obligations, including obligations to report.
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