An Act to amend the Canada Elections Act and the Public Service Employment Act (S.C. 2007, c. 21)
Full Document:
Assented to 2007-06-22
2000, c. 9CANADA ELECTIONS ACT
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 13PUBLIC 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.
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