An Act to amend the Canada Elections Act and the Electoral Boundaries Readjustment Act (S.C. 2001, c. 21)
Full Document:
Assented to 2001-06-14
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. 9CANADA 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
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