Elections Modernization Act (S.C. 2018, c. 31)

Marginal note:2014, c. 12, s. 8

16 Subsection 18.2(1) of the Act is replaced by the following:

Marginal note:2003, c. 22, s. 102(E)

17 Section 19 of the Act and the heading before it are replaced by the following:

Marginal note:2014, c. 12, s. 10

18 Subsection 20(2) of the Act is replaced by the following:

19 Section 21 of the Act is replaced by the following:

• 20 (1) Paragraph 22(1)(c) of the Act is replaced by the following:

  • (c) persons authorized by a returning officer under section 27 to exercise powers or perform duties under this Act;

• Marginal note:2014, c. 12, s. 12(2)

  (2) Paragraphs 22(1)(d) to (k) of the Act are repealed.

• (3) Subsection 22(1) of the Act is amended by adding “and” at the end of paragraph (m), by striking out “and” at the end of paragraph (n) and by repealing paragraph (o).

• (4) Paragraph 22(3)(f) of the Act is replaced by the following:

  • (f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act or the Referendum Act, or a regulation made under the Referendum Act, or under an Act of the legislature of a province, or a regulation made under an Act of the legislature of a province, relating to provincial, municipal or school board elections.

• (5) Subsections 22(4) and (5) of the Act are replaced by the following:

  • Marginal note:Qualifications

    (4) An election officer must be qualified as an elector, and an election officer referred to in paragraph (1)(a.1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.

  • Marginal note:Election officers younger than 18

    (5) Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.

21 Section 23 of the Act is replaced by the following:

Marginal note:2014, c. 12, s. 13

• 22 (1) Paragraphs 23.2(9)(a) and (b) of the Act are replaced by the following:

  • (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;

  • (b) fails to competently exercise a field liaison officer’s powers or competently perform a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

• Marginal note:2014, c. 12, s. 13

  (2) Paragraph 23.2(9)(c) of the English version of the Act is replaced by the following:

  • (c) contravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.

• 23 (1) Paragraphs 24(7)(a) and (b) of the Act are replaced by the following:

  • (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising his or her powers or performing his or her duties under this Act;

  • (b) fails to competently exercise a returning officer’s power or competently perform a returning officer’s duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);

• (2) Paragraph 24(7)(d) of the Act is replaced by the following:

  • (d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her powers or the performance of his or her duties under this Act.

• Marginal note:2014, c. 12, s. 14(2)

  (3) Subsections 24(8) and (9) of the Act are replaced by the following:

  • Marginal note:Temporary suspension

    (8) The Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).

  • Marginal note:Duration of suspension

    (9) The period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.

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

Marginal note:2014, c. 12, s. 15

25 Subsection 27(1) of the Act is replaced by the following: