An Act to amend the Canada Elections Act and the Public Service Employment Act

S.C. 2007, c. 21

Assented to 2007-06-22

An Act to amend the Canada Elections Act and the Public Service Employment Act

SUMMARY

This enactment amends the Canada Elections Act to improve the integrity of the electoral process by reducing the opportunity for electoral fraud or error. It requires that electors, before voting, provide one piece of government-issued photo identification showing their name and address or two pieces of identification authorized by the Chief Electoral Officer showing their name and address, or take an oath and be vouched for by another elector.

It also amends the Canada Elections Act to, among other things, make operational changes to improve the accuracy of the National Register of Electors, facilitate voting and enhance communications with the electorate.

It amends the Public Service Employment Act to permit the Public Service Commission to make regulations to extend the maximum term of employment of casual workers.

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. The definitions “list of electors” and “polling day” in subsection 2(1) of the Canada Elections Act are replaced by the following:

“list of electors”

« liste électorale »

“list of electors” means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer.

“polling day”

« jour du scrutin »

“polling day”, in relation to an election, means the date fixed under paragraph 57(1.2)(c) for voting at the election.

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

Marginal note:Power to adapt Act

17. (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

3. The Act is amended by adding the following after section 43:

Marginal note:Right of access

43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to perform his or her duties under this Act.

Marginal note:Exception

(2) Subsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection.

4. Section 44 of the Act is amended by adding the following after subsection (2):

Marginal note:Identifier

(2.1) The Register of Electors must also contain, for each elector, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

5. Subsections 45(1) to (3) of the Act are replaced by the following:

Marginal note:Members and registered parties

45. (1) By November 15 in each year, the Chief Electoral Officer shall send to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy in electronic form — taken from the Register of Electors — of the lists of electors for the electoral district.

Marginal note:Contents of lists of electors

(2) The lists of electors shall set out each elector’s surname, given names, civic address and mailing address, and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged in the form established by the Chief Electoral Officer according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their surnames.

Marginal note:Exception

(3) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.

6. Section 46 of the Act is amended by adding the following after subsection (1):

Marginal note:Retention of certain information

(1.1) The Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors, for the purpose of correlating information subsequently collected with information already contained in the Register of Electors.

7. The Act is amended by adding the following after section 46:

Marginal note:Citizenship information

46.1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.

Marginal note:Information in respect of deceased individuals

46.2 For the purpose of updating the Register of Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the Register of Electors.

8. The Act is amended by adding the following after section 47:

Marginal note:Other duties

47.1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors that are requested by the Chief Electoral Officer.

9. Subsections 55(1) to (3) of the Act are replaced by the following:

Marginal note:Provincial bodies

55. (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors, governing the giving of information contained in the Register of Electors, or the giving of information referred to in subsection 44(2) or (2.1) that the Chief Electoral Officer intends to include in the Register of Electors, if that information is needed for establishing such a list.

Marginal note:Conditions

(2) The Chief Electoral Officer shall include in the agreement conditions regarding the use and protection of personal information given under the agreement.

10. (1) Paragraph 56(b) of the Act is replaced by the following:

(b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector, to the surname, given names, sex, civic address or mailing address of that person, or to the identifier assigned to that person by the Chief Electoral Officer, for the purpose of having that person’s name deleted from the Register of Electors;

(2) Section 56 of the Act is amended by striking out the word “or” at the end of paragraph (d) and by replacing paragraph (e) with the following:

(e) knowingly use personal information that is obtained from the Register of Electors except as follows:

(i) to enable registered parties, members or candidates to communicate with electors in accordance with section 110,

(ii) for the purpose of a federal election or referendum, or

(iii) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or

(f) knowingly use other personal information that is transmitted in accordance with an agreement made under section 55 except in accordance with the conditions included in the agreement.

11. (1) Subsection 81(1) of the Act is replaced by the following:

Marginal note:Canvassing, etc., in residential areas

81. (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative from

(a) in the case of an apartment building, condominium building or gated community, canvassing, between 9:00 a.m. and 9:00 p.m., at the doors to the apartments, units or houses, as the case may be; or

(b) in the case of a multiple-residence building, campaigning, between 9:00 a.m. and 9:00 p.m., in a common area in the multiple residence.

(2) Subsection 81(2) of the French version of the Act is replaced by the following:

Marginal note:Exception

(2) Le paragraphe (1) ne s’applique pas au responsable d’un immeuble à logements multiples si le fait de permettre les activités de campagne visées à ce paragraphe peut mettre en danger la santé physique ou affective des résidants de l’immeuble.

12. The Act is amended by adding the following after section 81:

Marginal note:Campaigning in public places

81.1 (1) No person who is in control of a building, land, street or any other place, any part of which is open without charge to members of the public, whether on a continuous, periodic or occasional basis — including any commercial, business, cultural, historical, educational, religious, governmental, entertainment or recreational place — may prevent a candidate or his or her representative from campaigning in or on that part when it is open without charge to members of the public.

Marginal note:Exception

(2) Subsection (1) does not apply in respect of a place if campaigning in or on it would be incompatible with the function and purpose of the place or inconsistent with public safety.

13. Subsection 93(2) of the Act is replaced by the following:

Marginal note:Distribution of preliminary lists

(1.1) The Chief Electoral Officer shall distribute, to each registered party or eligible party that requests it, one copy in electronic form of the preliminary lists of electors for an electoral district in respect of which a writ has been issued.

Marginal note:Form of preliminary list of electors

(2) A preliminary list of electors shall contain only the name and address of each elector in the electoral district and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.

14. (1) The portion of subsection 95(2) of the French version of the Act before paragraph (a) is replaced by the following:

Marginal note:Teneur de l’avis

(2) L’avis de confirmation d’inscription, en la forme établie par le directeur général des élections, indique :

(2) Subsection 95(2) of the Act is amended by striking out the word “and” at the end of paragraph (c), by adding the word “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) the fact that proof of an elector’s identity and residence will be required before the elector is allowed to vote.

15. The Act is amended by adding the following after section 99:

Marginal note:Information in Register of Electors

99.1 The Chief Electoral Officer may, for the purpose of section 99, provide to the returning officer and assistant returning officer information contained in the Register of Electors.

16. (1) Subsection 101(1) of the Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) the elector, or another elector who lives at the same residence as the elector, at their residence and in the presence of the revising agents completes the prescribed registration form and takes the prescribed oath.

(2) Section 101 of the Act is amended by adding the following after subsection (1):

Marginal note:Addition of elector’s name

(1.1) The returning officer or assistant returning officer may also add to the preliminary list of electors the name of any elector whose name is added to the Register of Electors after that list has been prepared.

17. The Act is amended by adding the following after section 104:

Updated Preliminary Lists of Electors

Marginal note:Distribution of lists

104.1 Each returning officer shall, on the 19th day before polling day, distribute to each candidate in the electoral district who requests it, one copy in electronic form of the most current preliminary lists of electors for that electoral district.

18. Subsections 107(2) and (3) of the Act are replaced by the following:

Marginal note:Transmittal of list

(2) Each returning officer shall deliver to each deputy returning officer the revised list of electors or official list of electors, as the case may be, that the deputy returning officer needs to conduct the vote in his or her respective advance polling station or polling station. The list shall indicate each elector’s sex and date of birth.

Marginal note:Transmittal to candidates

(3) Each returning officer shall deliver to each candidate a printed copy and a copy in electronic form of a version of the revised lists of electors and the official lists of electors that does not indicate an elector's sex or date of birth.

19. Subsection 110(3) of the Act is replaced by the following:

Marginal note:Candidates

(3) A candidate who receives a copy of the preliminary lists of electors under section 94 or 104.1, or a copy of the revised lists of electors or the official lists of electors under subsection 107(3), may use the lists for communicating with his or her electors during an election period, including using them for soliciting contributions and campaigning.

Marginal note:2004, c. 24, s. 2

20. Paragraph 117(2)(c) of the Act is replaced by the following:

(c) no later than 48 hours after the close of nominations, the party is a registered party.

21. Sections 143 to 145 of the Act are replaced by the following:

Marginal note:Elector to declare name, etc.

143. (1) Each elector, on arriving at the polling station, shall give his or her name and address to the deputy returning officer and the poll clerk, and, on request, to a candidate or his or her representative.

Marginal note:Proof of identity and residence

(2) If the poll clerk determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide to the deputy returning officer and the poll clerk the following proof of his or her identity and residence:

(a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the elector and his or her name and address; or

(b) two pieces of identification authorized by the Chief Electoral Officer each of which establish the elector’s name and at least one of which establishes the elector’s address.

Marginal note:Clarification

(2.1) For greater certainty, the Chief Electoral Officer may authorize as a piece of identification for the purposes of paragraph (2)(b) any document, regardless of who issued it.

Marginal note:Person registered as an Indian

(2.2) For the purposes of paragraph (2)(b), a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes an authorized piece of identification.

Marginal note:Oath

(3) An elector may instead prove his or her identity and residence by taking the prescribed oath if he or she is accompanied by an elector whose name appears on the list of electors for the same polling division and who

(a) provides to the deputy returning officer and the poll clerk the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

(b) vouches for him or her on oath in the prescribed form.

Marginal note:Voting

(4) If the deputy returning officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2) or (3), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

Marginal note:Prohibition — vouching for more than one elector

(5) No elector shall vouch for more than one elector at an election.

Marginal note:Prohibition — vouchee acting as voucher

(6) An elector who has been vouched for at an election may not vouch for another elector at that election.

Marginal note:Publication

(7) The Chief Electoral Officer shall publish each year, and within three days after the issue of a writ, in a manner that he or she considers appropriate, a notice setting out the types of identification that are authorized for the purpose of paragraph (2)(b). The first annual notice shall be published no later than six months after the coming into force of this subsection.

Marginal note:Requirement before administering oath

143.1 If a person decides to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is convicted of voting or attempting to vote at an election knowing that he or she is not qualified as an elector.

Marginal note:Proof of qualification as elector

144. A deputy returning officer, poll clerk, candidate or candidate’s representative who has reasonable doubts concerning whether a person intending to vote is qualified as an elector may request that the person take the prescribed oath, and the person shall not be allowed to vote unless he or she takes that oath.

Marginal note:Proof of identity, etc., or oath not required

144.1 Once an elector has been given a ballot, no person shall require the elector to prove his or her identity and residence in accordance with subsection 143(2) or (3).

22. Sections 146 to 148 of the Act are replaced by the following:

Marginal note:Name and address corresponding closely to another

146. If a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person shall not be allowed to vote unless he or she takes the prescribed oath.

Marginal note:Person in whose name another has voted

147. If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes the prescribed oath.

Marginal note:Name inadvertently crossed off list

148. If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147.

Marginal note:Failure to prove identity or residence

148.1 (1) An elector who fails to prove his or her identity and residence in accordance with subsection 143(2) or (3) or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote.

Marginal note:When elector refuses to take improper oath

(2) If an elector refuses to take an oath because he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the deputy returning officer or the poll clerk of the polling station, the returning officer decides that the elector is not required to take the oath, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

23. (1) The portion of section 149 of the English version of the Act before paragraph (b) is replaced by the following:

Marginal note:Elector not allowed to vote

149. An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless

(a) the elector gives the deputy returning officer a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3);

(2) Paragraph 149(b) of the Act is replaced by the following:

(b) the deputy returning officer ascertains with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; or

(3) Paragraph 149(c) of the English version of the Act is replaced by the following:

(c) the elector gives the deputy returning officer a registration certificate described in subsection 161(4).

24. Section 158 of the Act is amended by adding the following after subsection (3):

Marginal note:Transfer certificate for elector whose polling station has moved

(4) If an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station.

Marginal note:2000, c. 12, par. 40(2)(e)

25. Subsection 159(2) of the Act is replaced by the following:

Marginal note:Application requirements

(2) The application shall be in the prescribed form and shall be personally delivered to the returning officer or assistant returning officer for the elector’s electoral district by the elector, his or her friend, spouse, common-law partner or relative, or a relative of his or her spouse or common-law partner.

26. (1) Subsection 161(1) of the Act is replaced by the following:

Marginal note:Registration in person

161. (1) An elector whose name is not on the list of electors may register in person on polling day if the elector

(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively; or

(b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the list of electors for the same polling division and who

(i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, and

(ii) vouches for him or her on oath in the prescribed form.

(2) Subsection 161(6) of the Act is replaced by the following:

Marginal note:Prohibition — vouching for more than one elector

(6) No elector shall vouch for more than one elector at an election.

Marginal note:Prohibition — vouchee acting as voucher

(7) An elector who has been vouched for at an election may not vouch for another elector at that election.

27. The Act is amended by adding the following after section 161:

Marginal note:Requirement before administering oath

161.1 If a person decides to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors.

28. Paragraphs 162(f) to (i) of the Act are replaced by the following:

(f) indicate, if applicable, on the prescribed form that the elector has taken an oath and the type of oath;

(g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to take an oath;

(h) indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2);

(i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the prescribed oath has been taken or that any other oath that was required to be taken was taken, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

(i.1) on request, and at intervals of no less than 30 minutes, provide to a candidate's representative, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on polling day, excluding that of electors who registered on that day;

(i.2) on request, after the close of the advance polling station, provide to a candidate's representative, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on that day excluding that of electors who registered on that day; and

29. Subsection 168(1) of the Act is replaced by the following:

Marginal note:Establishment of advance polling districts

168. (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions.

30. (1) Subsection 169(2) of the Act is replaced by the following:

Marginal note:Conditions

(2) An elector shall not be registered unless he or she

(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively; or

(b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the list of electors for the same polling division and who

(i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, and

(ii) vouches for him or her on oath in the prescribed form.

(2) Section 169 of the Act is amended by adding the following after subsection (4):

Marginal note:Prohibition — vouching for more than one elector

(5) No elector shall vouch for more than one elector at an election.

Marginal note:Prohibition — vouchee acting as voucher

(6) An elector who has been vouched for at an election may not vouch for another elector at that election.

31. The Act is amended by adding the following after section 169:

Marginal note:Requirement before administering oath

169.1 If a person chooses to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors.

32. Paragraph 173(2)(a) of the Act is replaced by the following:

(a) the deputy returning officer has ascertained with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; or

33. Paragraph 174(1)(a) of the Act is replaced by the following:

(a) the elector fails to prove his or her identity and residence in accordance with subsection 143(2) or (3) or to take an oath otherwise required by this Act; or

34. (1) Subsection 442(1) of the Act is replaced by the following:

Marginal note:Estimated expenses

442. (1) On November 15 in each year, the Chief Electoral Officer shall calculate the maximum amount referred to in section 440 for each electoral district, based on the lists of electors in the Register of Electors, as if an election were then to be held.

(2) Section 442 of the Act is amended by adding the following after subsection (3):

Marginal note:Exception

(4) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.

Marginal note:2003, c. 19, s. 50

35. Section 466 of the Act is replaced by the following:

Marginal note:Audit fee

466. On receipt of the documents referred to in subsection 451(1) and, if applicable, those referred to in subsection 455(1), including the auditor’s report, and a copy of the auditor’s invoice for that report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

(a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate’s election expenses and $1,500, and

(b) $250.

36. Subsection 484(2) of the Act is replaced by the following:

Marginal note:Offences requiring intent — summary conviction

(2) Every person is guilty of an offence who

(a) being a returning officer, wilfully contravenes subsection 24(3) (failure to take promptly any necessary election proceedings); or

(b) contravenes subsection 43.1(1) (refusal to give access to building or gated community).

37. Subsection 486(2) of the Act is replaced by the following:

Marginal note:Offences requiring intent — summary conviction

(2) Every person who contravenes subsection 81(1) (refusal to give access to building or gated community) or subsection 81.1(1) (refusal to give access to place open to the public) is guilty of an offence.

37.1 Subsection 487(1) of the Act is replaced by the following:

487. (1) Every person is guilty of an offence who contravenes

(a) paragraph 111(b) or (c) (applying improperly to be included on list of electors); or

(b) paragraph 111(f) (unauthorized use of personal information contained in list of electors).

38. (1) Paragraphs 489(2)(a) and (a.1) of the Act are renumbered as 489(2)(a.2) and (a.3), respectively.

(2) Subsection 489(2) of the Act is amended by adding the following before paragraph (a.2):

(a) contravenes subsection 143(5) (vouching for more than one elector);

(a.1) contravenes subsection 143(6) (vouch-ee acting as voucher);

(3) Subsection 489(2) of the Act is amended by adding the following after paragraph (a.3):

(a.4) contravenes subsection 161(7) (vouch-ee acting as voucher);

(4) Subsection 489(2) of the Act is amended by striking out the word “or” at the end of paragraph (b) and by adding the following after paragraph (c):

(d) contravenes subsection 169(5) (vouching for more than one elector); or

(e) contravenes subsection 169(6) (vouchee acting as voucher).

Marginal note:2003, c. 19, s. 58(7)

39. (1) Paragraph 497(1)(z.1) of the Act is replaced by the following:

(z.1) being a registered agent or financial agent, contravenes section 476 (improper or unauthorized transfer of funds);

(2) Paragraph 497(3)(s) of the English version of the Act is replaced by the following:

(s) being a candidate, wilfully contravenes subsection 451(5) (failure to send electoral campaign return declaration);

Marginal note:2003, c. 19, s. 58(16)

(3) Paragraph 497(3)(x) of the Act is replaced by the following:

(x) being a registered agent or financial agent, knowingly contravenes section 476 (unauthorized or improper transfer of funds);

39.1 (1) Subsection 500(2) of the Act is replaced by the following:

(2) Every person who is guilty of an offence under any of subsection 485(1), paragraph 487(1)(a), subsections 488(1), 489(2) and 491(2), section 493 and subsection 495(2) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.

(2) Section 500 of the Act is amended by adding the following after subsection (3):

(3.1) Every person who is guilty of an offence under paragraph 487(1)(b) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.

2003, c. 22, ss. 12 and 13 PUBLIC SERVICE EMPLOYMENT ACT

40. The Public Service Employment Act is amended by adding the following after section 50:

50.1 Despite subsection 50(2), the maximum period of employment of casual workers appointed in the Office of the Chief Electoral Officer for the purposes of an election under the Canada Elections Act or a referendum held under the Referendum Act is 165 working days in one calendar year.

COMING INTO FORCE

Marginal note:Coming into force

42. (1) Despite subsection 554(1) of the Canada Elections Act, sections 3, 6, 8 and 9, subsection 10(2), sections 11, 12, 14 to 16, 20 to 27, 28(f), (g), (h) and (i), 29 to 33 and 35 to 39 come into force two months after the day on which this Act receives royal assent unless, before that day, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations have been made for the bringing into operation of the provisions set out in the notice and that they may come into force on the day set out in the notice.

Marginal note:Coming into force

(2) The amendment to the definition “list of electors” in subsection 2(1) of the Canada Elections Act, as enacted by section 1, sections 4, 5 and 7, subsection 10(1) and sections 13, 17 to 19 and 34 come into force 10 months after the day on which this Act receives royal assent unless, before that day, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations have been made for the bringing into operation of the provisions set out in the notice and that they may come into force on the day set out in the notice.

(3) Paragraphs 162(i.1) and (i.2) of the Canada Elections Act, as enacted by section 28, come into force six months after the day on which this Act receives royal assent unless, before that day, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations have been made for the bringing into operation of the provisions set out in the notice and that they may come into force on the day set out in the notice.