Canada Elections Act (S.C. 2000, c. 9)

RELATED PROVISIONS

• — 2003, c. 19, s. 65

  • Prior contributions

    65 A contribution made before the coming into force of this section shall not be taken into account for the purposes of subsections 404.1(1) and 405(1) of the Canada Elections Act, as enacted by this Act.

• — 2003, c. 19, s. 66

  • Coming into force during an election period

    • 66 (1) If this section comes into force during an election period, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses.

    • Prior elections

      (2) For greater certainty, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to any election that preceded the coming into force of this section and to all related obligations or rights including obligations to report and rights to reimbursement of election expenses.

• — 2003, c. 19, s. 67

  • Coming into force during a leadership contest

    67 If this section comes into force during a competition for the selection of the leader of a registered party, the Canada Elections Act, as amended by this Act, does not apply with respect to that competition.

• — 2003, c. 19, s. 68

  • Suspended party

    68 A political party whose registration is suspended immediately before this section comes into force is deregistered on the day on which it comes into force. The Canada Elections Act, as amended by this Act, applies with respect to the deregistration.

• — 2003, c. 19, s. 69

  • Financial reporting — registered parties

    • 69 (1) Despite section 66, for the fiscal period of a registered party during which this section comes into force,

      • (a) sections 424 to 427 and 429 to 431 of the Canada Elections Act, as amended by this Act, apply in respect of the documents that the registered party must provide in relation to that fiscal period; and

      • (b) with respect to contributions accepted by a registered party during that fiscal period and before the coming into force of this section, subsection 424(2) shall apply as if paragraphs 424(2)(a) to (c.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 424(2)(c) shall be applied without regard to the words “for its use, either directly or through one of its electoral district associations or a trust fund established for the election of a candidate endorsed by the registered party”.

    • Prior fiscal period

      (2) Sections 424 to 428 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered party must provide in relation to any fiscal period ending before the coming into force of this section.

• — 2003, c. 19, s. 70

  • Electoral campaign return of candidate

    70 For the electoral campaign return of a candidate filed after this section comes into force,

    • (a) sections 451 to 456 of the Canada Elections Act, as amended by this Act, apply; and

    • (b) with respect to contributions accepted by a candidate before the coming into force of this section, subsection 451(2) shall apply as if paragraphs 451(2)(f) to (h.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 451(2)(h) shall be applied without regard to the words “either directly or through a registered party that endorses the candidate or through one of its trust funds, a trust fund established for the election of the candidate or an electoral district association”.

• — 2003, c. 19, s. 71

  • Proportionate allowance

    • 71 (1) For the quarter during which this section comes into force, the allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by this Act, shall be proportionate to that part of the quarter during which that section is in force.

    • Advance payment

      (2) The allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by section 40 of this Act, for the quarter during which this section comes into force and for any remaining quarters of the year during which it comes into force shall be estimated on the basis of the most recent general election preceding the coming into force of this section and paid within 30 days after its coming into force. Subsection 435.02(2) of the Canada Elections Act, as enacted by this Act, applies to that payment with any modifications that may be required.

    • Advance payment to be taken into account

      (3) In the application of sections 435.01 and 435.02 of the Canada Elections Act, as enacted by this Act, any amount paid under subsection (2) in relation to a quarter shall be taken into account. A registered party that received an amount under subsection (2) for a quarter that is in excess of the amount to which it is entitled under those sections for that quarter shall without delay return to the Receiver General the amount of that excess. The Receiver General may reduce any other amount payable to the party by the amount of that excess.

• — 2003, c. 19, s. 72

  • Next general election

    72 For the first general election after the coming into force of this section, the reference to “50%” in subsection 435(1) of the Canada Elections Act, as enacted by this Act, shall be read as a reference to “60%”.

• — 2004, c. 24, s. 25

  • Parties to perfect registration

    • 25 (1) A party that is registered or eligible to become registered on the day on which this Act comes into force shall, within six months after that day, provide to the Chief Electoral Officer the information described in paragraphs 366(2)(d), (f), (i) and (j) of the Canada Elections Act, as enacted by this Act.

    • Requirements do not apply

      (2) Subsection 369(2), section 374.1, paragraph 377(2)(b.1), sections 378 and 380.1 and subsections 382(4) and 384(3) of the Canada Elections Act, as enacted by this Act, do not apply — until six months after the day on which this Act comes into force — in respect of a party that is registered or eligible to become registered on that day.

    • Requirements continue to apply

      (3) Subsection 369(2), section 378 and subsection 382(4) of the Canada Elections Act, as they read immediately before the day on which this Act comes into force, continue to apply — until six months after that day — in respect of a party that is registered or eligible to become registered on that day.

• — 2004, c. 24, s. 26, as amended by 2006, c. 1, s. 1

  • Review

    26 Within two years after the coming into force of this section, the committee of the Senate that normally considers electoral matters, and the committee of the House of Commons that normally considers electoral matters, shall each undertake a comprehensive review of the amendments made by this Act and submit a report to its House containing its recommendations concerning those amendments.

• — 2006, c. 9, s. 60

  • Transitional — Registered associations

    60 Sections 403.35 and 403.36 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered association must provide in relation to the fiscal period ending after the coming into force of this section.

• — 2006, c. 9, s. 61

  • Transitional — Candidates

    61 If a candidate was, before the coming into force of this section, deemed under section 365 of the Canada Elections Act to have been a candidate, then section 451 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the official agent of the candidate must provide in relation to the election next following the coming into force of this section.

• — 2006, c. 9, s. 62

  • Transitional — Nomination campaigns

    62 If a nomination contestant was, before the coming into force of this section, deemed under section 478.03 of the Canada Elections Act to have been a nomination contestant, then section 478.23 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the financial agent of the nomination contestant must provide in relation to the nomination campaign of that contestant.

• — 2006, c. 9, s. 178

  • Incumbent returning officers

    • 178 (1) The term of office of a returning officer who holds office immediately before the day on which this section comes into force expires on that day.

    • No right to compensation

      (2) No person has any right or claim to receive compensation, damages, indemnity or any other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office pursuant to subsection (1).

• — 2014, c. 12, s. 127

  • Chief Electoral Officer — application of section 13

    127 Despite section 13 of the Canada Elections Act, as enacted by section 3, the person who occupies the position of Chief Electoral Officer immediately before the day on which that section 3 comes into force may continue to hold office until he or she reaches the age of 65 years.

• — 2014, c. 12, s. 128

  • Coming into force during election period

    • 128 (1) If section 86 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.

    • Prior elections

      (2) All obligations and rights arising out of any election that took place before the day on which section 86 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 at the time of that election.

• — 2014, c. 12, s. 129

  • Prior loans and unpaid claims

    129 Loans made before the day on which section 86 comes into force, and claims that are still unpaid on that day, are subject to the Canada Elections Act as it read immediately before that day.

• — 2014, c. 12, s. 130

  • Registered parties — financial reporting

    130 For the fiscal period of a registered party during which section 86 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.

• — 2014, c. 12, s. 131

  • Registered associations — financial reporting

    131 For the fiscal period of a registered association during which section 86 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.

• — 2014, c. 12, s. 132

  • Coming into force during nomination contest

    • 132 (1) If section 86 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.

    • Prior nomination contests

      (2) All obligations arising out of any nomination contest that took place before the day on which section 86 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 at the time of that nomination contest.

• — 2014, c. 12, s. 133

  • Coming into force during leadership contest

    • 133 (1) If section 86 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.

    • Prior leadership contests

      (2) All obligations arising out of any leadership contest that took place before the day on which section 86 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 at the time of that leadership contest.

• — 2014, c. 12, s. 134

  • Commissioner of Canada Elections — continuation of term

    • 134 (1) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for at least 18 months, he or she shall continue in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act as enacted by that section 108. However, his or her term of office begins on the date of his or her appointment under section 509 of the Canada Elections Act as it read immediately before the day on which that section 108 comes into force.

    • Commissioner of Canada Elections — termination

      (2) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for less than 18 months, his or her term of office expires on that day.

    • No right to compensation

      (3) A person to whom subsection (2) applies does not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office as a result of subsection (2).

• — 2014, c. 12, s. 135

  • Definition

    • 135 (1) For the purposes of this section, former portions means the following portions of the federal public administration in the Office of the Chief Electoral Officer:

      • (a) the portion known as the Investigations Directorate;

      • (b) the portion known as the Compliance and Enforcement Directorate; and

      • (c) the portion known as Internal Services – Investigations and Compliance and Enforcement.

    • 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 portions 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 Director of Public Prosecutions for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.

    • Continuation of legal proceedings

      (3) Any action, suit or other legal proceedings to which the Chief Electoral Officer is a party relating to the former portions that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Director of Public Prosecutions in the same manner and to the same extent as it could have been continued by or against the Chief Electoral Officer.

    • 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 portions, except that the employee shall, beginning on that day, occupy his or her position in the Office of the Director of Public Prosecutions.

• — 2018, c. 20, s. 12

  • Coming into force during election period — regulated fundraising events

    12 If section 2 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.

• — 2018, c. 20, s. 13

  • Coming into force during nomination contest

    • 13 (1) If section 3 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 and rights including obligations to report.

    • Prior nomination contests

      (2) All obligations and rights arising out of any nomination contest that took place before the day on which section 3 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 at the time of that nomination contest.

• — 2018, c. 20, s. 14

  • Coming into force during leadership contest

    • 14 (1) If section 7 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 and rights including obligations to report.

    • Prior leadership contests

      (2) All obligations and rights arising out of any leadership contest that took place before the day on which section 7 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 at the time of that leadership contest.

• — 2018, c. 31, s. 380

  • 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.

    • 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.

    • 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.

• — 2018, c. 31, s. 381

  • 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.

    • 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.

    • 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.

• — 2018, c. 31, s. 382

  • 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.

    • 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.

• — 2018, c. 31, s. 383

  • 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.

• — 2018, c. 31, s. 384

  • 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.

    • 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.

    • 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.

• — 2018, c. 31, s. 385

  • 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.

• — 2018, c. 31, s. 386

  • 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.

• — 2018, c. 31, s. 387

  • 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.

    • 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.

    • 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.

• — 2018, c. 31, s. 388

  • 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.

    • 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.

    • 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.

• — 2018, c. 31, s. 389

  • 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.

• — 2018, c. 31, s. 390

  • 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.

    • 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.

    • 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.

    • 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.

• — 2021, c. 23, s. 362

  • Election within six months

    362 Despite subsection 554(1) of the Canada Elections Act, the amendments to that Act made by section 361 apply in an election for which the writ is issued within six months after the day on which this Act receives royal assent.

• — 2022, c. 17, s. 76

  • Clarification — immediate application

    76 For greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.

• — 2022, c. 17, par. 77(2)(e)

  • Certain applications for warrants

    • 77 (2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day:

      • (e) subsection 175(9) of the Canada Elections Act;

• — 2022, c. 17, s. 78.1

  • Impact of remote proceedings

    • 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings

      • (a) enhance, preserve or adversely affect access to justice;

      • (b) maintain fundamental principles of the administration of justice; and

      • (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons.

    • Report

      (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.

• — 2022, c. 17, s. 78.2

  • Review by committee

    • 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.

    • Report

      (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.

• — 2023, c. 26, s. 681

  • Election within six months

    681 Despite subsection 554(1) of the Canada Elections Act, the amendment to that Act made by section 680 applies in an election for which the writ is issued within six months after the day on which this Act receives royal assent.