An Act to amend the Canada Elections Act and the Electoral Boundaries Readjustment Act

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2001_21/FullText.html

An Act to amend the Canada Elections Act and the Electoral Boundaries Readjustment Act

S.C. 2001, c. 21

Assented to 2001-06-14

An Act to amend the Canada Elections Act and the Electoral Boundaries Readjustment Act

SUMMARY

This enactment amends the Canada Elections Act with respect to the information included on ballots. It also clarifies and harmonizes certain provisions of that Act and makes a related amendment to the Electoral Boundaries Readjustment Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2000, c. 9 CANADA ELECTIONS ACT

1. (1) The definition “political affiliation” in subsection 2(1) of the Canada Elections Act is replaced by the following:

“political affiliation”

« appartenance politique »

“political affiliation”, in respect of a candidate, means the name of the political party that has endorsed him or her or the word “independent”, as the case may be, included in the nomination paper in accordance with subparagraph 66(1)(a)(v).

(2) Subparagraph (f)(v) of the definition “election documents” in subsection 2(1) of the English version of the Act is replaced by the following:

(v) a packet containing the list of electors used at the polling station, the written authorizations of candidates’ representatives and the used transfer certificates, if any, and

2. Section 18.1 of the Act is replaced by the following:

Marginal note:Electronic voting process

18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means, and may devise and test an electronic voting process for future use in a general election or a by-election. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

3. Paragraph 32(d) of the English version of the Act is replaced by the following:

(d) a registration officer for each registration desk.

4. Subsection 44(2) of the Act is replaced by the following:

Marginal note:Contents of Register

(2) The Register of Electors shall contain, for each elector who is included in it, his or her surname, given names, sex, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 194(7), 195(7), 223(2), 233(2) and 251(3).

5. Subsection 57(1) of the Act is replaced by the following:

Marginal note:General election — proclamation

57. (1) The Governor in Council shall issue a proclamation in order for a general election to be held.

Marginal note:By-election — order

(1.1) The Governor in Council shall make an order in order for a by-election to be held.

Marginal note:Contents

(1.2) The proclamation or order shall

(a) direct the Chief Electoral Officer to issue a writ to the returning officer for each electoral district to which the proclamation or order applies;

(b) fix the date of issue of the writ; and

(c) fix the date for voting at the election, which date must be at least 36 days after the issue of the writ.

6. Section 58 of the Act is replaced by the following:

Marginal note:Writs forwarded to returning officer

58. The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made by the Governor in Council.

7. Subparagraph 66(1)(a)(v) of the Act is replaced by the following:

(v) the name of the political party that has endorsed the prospective candidate or, if none, the prospective candidate’s choice to either have the word “independent” or no designation of political affiliation under his or her name in election documents;

8. Paragraph 67(4)(c) of the Act is replaced by the following:

(c) if applicable, an instrument in writing, signed by the leader of the political party or by a person referred to in subsection 383(2), that states that the prospective candidate is endorsed by the party in accordance with section 68.

9. Section 68 of the Act is replaced by the following:

Marginal note:Party may endorse only one candidate per district

68. (1) A political party may endorse only one prospective candidate in each electoral district for a given election.

Marginal note:New endorsement

(2) If, with respect to a particular electoral district, a candidate who has been endorsed by a political party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 74(1), the party may endorse another candidate in that electoral district before the close of nominations.

10. Section 91 of the English version of the Act is replaced by the following:

Marginal note:Publishing false statements to affect election results

91. No person shall, with the intention of affecting the results of an election, knowingly make or publish any false statement of fact in relation to the personal character or conduct of a candidate or prospective candidate.

11. Subsection 109(3) of the Act is replaced by the following:

Marginal note:Extra copies

(3) On the request of a registered party or member referred to in subsection (2), the Chief Electoral Officer may provide a maximum of four additional printed copies of the final lists of electors.

12. Subsections 117(2) to (4) of the Act are replaced by the following:

Marginal note:Name of party

(2) The name, in the form referred to in paragraph 366(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if

(a) the candidate’s nomination paper includes it;

(b) the condition described in paragraph 67(4)(c) is met;

(c) at the close of nominations, the party is in compliance with sections 366 and 368; and

(d) the party has candidates whose nominations have been confirmed in at least 12 electoral districts for the general election or, in the case of a by-election, in the immediately preceding general election.

Marginal note:Designation of candidate as independent

(3) The word “independent” shall be listed on the ballot under the name of the candidate who has requested it in accordance with subparagraph 66(1)(a)(v) and may not be so listed in any other case.

13. Section 165 of the Act is replaced by the following:

Marginal note:Prohibition — use of loudspeakers on polling day

165. No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a political party that is listed on the ballot under the name of a candidate or the election of a candidate.

14. (1) Paragraphs 166(1)(a) and (b) of the Act are replaced by the following:

(a) post or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot under the name of a candidate or the election of a candidate;

(b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or political party that is listed on the ballot under the name of a candidate, or the political or other opinions entertained, or supposed to be entertained, by the candidate or party; and

(2) Subsection 166(2) of the Act is replaced by the following:

Marginal note:Exception

(2) Despite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the name of the political party that is listed on the ballot under the name of the candidate.

15. Subsection 279(3) of the Act is replaced by the following:

Marginal note:Political affiliation

(3) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.

16. Paragraph 324(a) of the English version of the Act is replaced by the following:

(a) the transmission of a message that was transmitted to the public on what is commonly known as the Internet before the blackout period described in that subsection and that was not changed during that period; or

17. Subsection 335(1) of the Act is replaced by the following:

Marginal note:Broadcasting time to be provided to registered parties

335. (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions of its licence, make available, for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities.

18. The portion of subsection 345(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Free broadcasting time

345. (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day at that election, every network operator shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, at no cost, to the registered parties and eligible parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection if the network formed and operated by the network operator

19. Paragraph 348(a) of the Act is replaced by the following:

(a) a rate for broadcasting time made available to the party or candidate, in the period beginning on the issue of the writs and ending at midnight on the day before polling day, that exceeds the lowest rate charged by the person for an equal amount of equivalent time on the same facilities made available to any other person at any time within that period; or

20. (1) Subsection 359(1) of the Act is replaced by the following:

Marginal note:Election advertising report

359. (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an election advertising report in the prescribed form with the Chief Electoral Officer within four months after polling day.

(2) Subparagraph 359(2)(a)(ii) of the English version of the Act is replaced by the following:

(ii) a list of all election advertising expenses other than those referred to in subparagraph (i) and the time and place of broadcast or publication of the advertisements to which the expenses relate; and

(3) Paragraph 359(2)(b) of the Act is replaced by the following:

(b) in the case of a by-election, a list of election advertising expenses referred to in subsection 350(4) and the time and place of the broadcast or publication of the advertisements to which the expenses relate.

21. Subparagraphs 403(b)(i) and (ii) of the Act are replaced by the following:

(i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,

(ii) an auditor’s report, submitted to the chief agent of the merged party, as to whether the statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and

22. Section 441 of the Act is replaced by the following:

Marginal note:Base amount of candidate’s election expenses

441. (1) The base amount of a candidate’s election expenses in an electoral district is the higher of

(a) the amount calculated, on the basis of the preliminary lists of electors for the electoral district, in accordance with subsections (3) to (6), and

(b) the amount calculated, on the basis of the revised lists of electors for the electoral district, in accordance with subsections (7) to (10).

Marginal note:Death of candidate of registered party

(2) If a candidate for an electoral district whose nomination was endorsed by a registered party dies in the period beginning at 2:00 p.m. on the 5th day before the closing day for nominations and ending on polling day, the base amount for that electoral district is increased by 50 %.

Marginal note:Calculation using preliminary lists of electors

(3) The amount referred to in paragraph (1)(a) is the aggregate of the following amounts, based on the number of the electors on the preliminary lists of electors:

(a) $2.07 for each of the first 15,000 electors;

(b) $1.04 for each of the next 10,000 electors; and

(c) $0.52 for each of the remaining electors.

Marginal note:Fewer electors than average — general election

(4) If the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all preliminary lists of electors in a general election, then, in making a calculation under subsection (3), the number of electors is deemed to be half-way between the number on the preliminary lists of electors for the electoral district and that average number.

Marginal note:Fewer electors than average — by-election

(5) In the case of a by-election, if the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (3), the number of electors is deemed to be half-way between the number on the preliminary lists of electors for the electoral district and that average number.

Marginal note:Districts with lower population density

(6) If the number of electors per square kilometre, calculated on the basis of the preliminary lists of electors for the electoral district, is less than 10, the amount calculated under subsection (3) is increased by the lesser of $0.31 per square kilometre and 25 % of that amount.

Marginal note:Calculation using revised list of electors

(7) The amount referred to in paragraph (1)(b) is the aggregate of the following amounts, based on the number of the electors on the revised lists of electors:

(a) $2.07 for each of the first 15,000 electors;

(b) $1.04 for each of the next 10,000 electors; and

(c) $0.52 for each of the remaining electors.

Marginal note:Fewer electors than average — general election

(8) If the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in a general election, then, in making a calculation under subsection (7), the number of electors is deemed to be half-way between the number on the revised lists of electors for the electoral district and that average number.

Marginal note:Fewer electors than average — by-election

(9) In the case of a by-election, if the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (7), the number of electors is deemed to be half-way between the number on the revised lists of electors for the electoral district and that average number.

Marginal note:Districts with lower population density

(10) If the number of electors per square kilometre, calculated on the basis of the revised lists of electors for the electoral district, is less than 10, the amount calculated under subsection (7) is increased by the lesser of $0.31 per square kilometre and 25 % of that amount.

23. Section 467 of the French version of the Act is replaced by the following:

Marginal note:Honoraires du vérificateur

467. Sur réception du certificat visé à l’article 465 ou de l’attestation de conformité visée à l’article 466, le receveur général paie au vérificateur, sur le Trésor, une somme au titre des honoraires que celui-ci a facturés, non inférieure à 250 $, représentant 3 % des dépenses électorales du candidat, jusqu’à concurrence de 1 500 $.

24. Section 504 of the Act is replaced by the following:

Marginal note:Judicial proceedings and compliance agreements

504. In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party or a suspended party,

(a) the eligible party, registered party or suspended party is deemed to be a person; and

(b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the eligible party, registered party or suspended party, within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the eligible party, registered party or suspended party, as the case may be.

25. Subsection 517(7) of the English version of the Act is replaced by the following:

Marginal note:Renegotiation

(7) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.

26. Section 558 of the Act is replaced by the following:

Marginal note:Electoral campaign return of candidate

558. For contributions made before September 1, 2000, the official agent shall include in the electoral campaign return in respect of a candidate the information referred to in paragraphs 451(2)(h) and (i), other than the addresses of the contributors.

R.S., c. E-3 ELECTORAL BOUNDARIES READJUSTMENT ACT

27. Subsection 3(2) of the Electoral Boundaries Readjustment Act is replaced by the following:

Marginal note:Duties of the commissions

(2) The ten commissions established pursuant to subsection (1) shall consider and report on the readjustment of the representation of the provinces in the House of Commons required to be made on the completion of each decennial census.
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