Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
Transitional Provisions (continued)
Marginal note:Commissioner of Canada Elections — continuation of term
389 The person who holds the office of Commissioner of Canada Elections immediately before the day on which section 351 comes into force continues in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act, as enacted by that section 351. However, his or her term of office begins on the day on which he or she was actually appointed.
Marginal note:Definition of former portion
390 (1) For the purposes of this section, former portion means the portion of the federal public administration in the Office of the Director of Public Prosecutions in which, immediately before the day on which this section comes into force, the employees referred to in section 509.3 of the Canada Elections Act occupied their positions.
Marginal note:Transfer of appropriations
(2) Any amount that was appropriated, for the fiscal year in which this section comes into force, for defraying the charges and expenses in respect of the former portion and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Chief Electoral Officer for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.
Marginal note:Continuation of legal proceedings
(3) Any action, suit or other legal proceedings to which the Director of Public Prosecutions is a party relating to the former portion that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Chief Electoral Officer in the same manner and to the same extent as it could have been continued by or against the Director of Public Prosecutions.
Marginal note:Employment continued
(4) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the day on which this section comes into force, occupied a position in the former portion, except that the employee shall, beginning on that day, occupy their position in the Office of the Chief Electoral Officer.
Consequential Amendments
R.S., c. A-1Access to Information Act
Marginal note:2014, c. 12, s. 146
391 Section 16.31 of the Access to Information Act is repealed.
R.S., c. E-3Electoral Boundaries Readjustment Act
392 The definition Chief Electoral Officer in subsection 2(1) of the Electoral Boundaries Readjustment Act is replaced by the following:
- Chief Electoral Officer
Chief Electoral Officer means the Chief Electoral Officer under the Canada Elections Act; (directeur général des élections)
R.S., c. F-11Financial Administration Act
Marginal note:2003, c. 22, s. 11
393 Schedule IV to the Financial Administration Act is amended by striking out the following:
The portion of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions
Le secteur de l’administration publique fédérale faisant partie du Bureau du directeur des poursuites pénales dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste
394 Schedule IV to the Act is amended by adding the following in alphabetical order:
The portion of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions
Le secteur de l’administration publique fédérale faisant partie du bureau du directeur général des élections dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste
2006, c. 9, s. 121Director of Public Prosecutions Act
Marginal note:2014, c. 12, s. 150
395 (1) Subsection 3(2) of the Director of Public Prosecutions Act is replaced by the following:
Marginal note:Rank and status
(2) The Director has the rank and status of a deputy head of a department.
(2) Subsection 3(8) of the Act is replaced by the following:
Marginal note:Duties — election-related matters
(8) The Director conducts prosecutions on behalf of the Crown with respect to any offences under the Canada Elections Act, as well as any appeal or other proceeding related to such a prosecution.
Marginal note:2014, c. 12, s. 151
396 Subsection 6(4) of the Act is replaced by the following:
Marginal note:Other powers, duties and functions
(4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament.
Marginal note:2014, c. 12, s. 152
397 Subsections 16(1) and (1.1) of the Act are replaced by the following:
Marginal note:Annual report
16 (1) The Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director — except in relation to matters referred to in subsection 3(8) — in the immediately preceding fiscal year.
SOR/78-148Special Voting Rules
Marginal note:Repeal
398 The Special Voting Rules are repealed.
Coordinating Amendments
Marginal note:C-50
399 (1) Subsections (2) to (4) apply 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 section referred to as the “other Act”) receives royal assent.
(2) If section 1 of this Act comes into force before the other Act, then sections 1, 3 to 8, 10, 13 and 14 of the other Act are repealed.
(3) If the other Act comes into force before section 1 of this Act, then
(a) subsections 2(1) and 280(1), section 281 and subsections 342(1) and (4) of this Act are repealed;
(b) subsection 282(1) of this Act is replaced by the following:
Marginal note:2014, c. 12, s. 86
282 (1) Paragraph 476.75(2)(a.1) of the Act is replaced by the following:
(a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;
(a.2) a statement of travel and living expenses;
(a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;
(a.4) a statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);
(c) subsection 313(1) of this Act is replaced by the following:
Marginal note:2014, c. 12, s. 86
313 (1) Paragraph 478.8(2)(a.1) of the Act is replaced by the following:
(a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;
(a.2) a statement of travel and living expenses;
(a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 478.72(1) and the source of the funds used to pay them;
(a.4) a statement of leadership campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);
(d) sections 476.01, 476.02, 478.01 and 478.02 of the Canada Elections Act are repealed.
(4) If the other Act comes into force on the same day as section 1 of this Act, then that section 1 is deemed to have come into force before the other Act and subsection (2) applies as a consequence.
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