Bill C-50: An Act to amend the Canada Elections Act

C-50 Second Session, Forty-first Parliament, 62-63 Elizabeth II, 2013-2014 HOUSE OF COMMONS OF CANADA BILL C-50 An Act to amend the Canada Elections Act first reading, December 10, 2014 MINISTER OF STATE (DEMOCRATIC REFORM) 90751 SUMMARY This enactment amends the Canada Elections Act to (a) eliminate the international register of electors and incorporate all of the information contained in it into the Register of Electors; (b) require electors who are resident outside Canada to make an application for registration and special ballot after the issue of the writs at each election; (c) stipulate that electors who are resident outside Canada may only receive a special ballot for the address at which they last resided in Canada; (d) require that electors who are applying for a special ballot under Division 3 or 4 of Part 11 include in their application for registration and special ballot proof of identity and residence and, if they apply from outside Canada, proof of Canadian citizenship; (e) require that an external auditor perform an audit and report on election workers’ compliance with special ballot voting procedures and requirements for every election; (f) authorize the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information for the purpose of assisting the Chief Electoral Officer to, among other things, delete from the Register of Electors the names of persons who are not Canadian citizens; and (g) add the offence of voting or attempting to vote by special ballot under Division 3 or 4 of Part 11 while knowing that one is not qualified as an elector and add offences under those Divisions of attesting to the residence of more than one elector and of acting as an attestor when one’s own residence has already been attested to. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63 Elizabeth II, 2013-2014 house of commons of canada BILL C-50 An Act to amend the Canada Elections Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Citizen Voting Act. 2000, c. 9 CANADA ELECTIONS ACT 2. The Canada Elections Act is amended by adding the following after section 46: Information from Minister of Citizenship and Immigration 46.01 Despite subparagraph 46(1)(a)(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases: (a) their surname and given names; (b) their sex; (c) their date of birth; and (d) their addresses. 3. Paragraph 95(1)(c) of the Act is replaced by the following: (c) may vote under Division 3 of Part 11. 4. Section 143 of the Act is amended by adding the following after subsection (2.1): Limitation (2.11) However, the Chief Electoral Officer is not permitted to authorize under subsection (2.1) a type of identification that has been issued by an entity other than (a) a Canadian government, whether federal, provincial or local, or an agency of that government; and (b) an entity that is incorporated or formed by or under an Act of Parliament or of the legislature of a province or that is otherwise formed in Canada. 5. Section 164.1 of the Act, as enacted by section 53 of the Fair Elections Act, chapter 12 of the Statutes of Canada, 2014, is replaced by the following: Engagement of auditor 164.1 (1) For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on (a) whether deputy returning officers, poll clerks and registration officers have, on all days of advance polling and on polling day, properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 143 to 149, 161 to 162 and 169; and (b) whether the Chief Electoral Officer, members of his or her staff, including the special voting rules administrator, and election officers have properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 223 to 225, 227, 233 to 234, 236 to 237.1 and 241 to 243.1. Access to documents (2) For greater certainty, at the request of the auditor, the Chief Electoral Officer shall give the auditor access to any application for registration and special ballot as defined in section 177, any documents included in that application and any other document that the auditor considers necessary to perform the audit and report in respect of paragraph (1)(b). 6. (1) The definition “register” in section 220 of the Act is repealed. (2) Section 220 of the Act is amended by adding the following in alphabetical order: “last place of ordinary residence”« lieu de résidence habituelle antérieure » “last place of ordinary residence” means an elector’s last place of ordinary residence before he or she left Canada. “other elector”« autre électeur » “other elector” means, in relation to an elector who makes an application for registration and special ballot, another person who is qualified to vote in the electoral district in which the elector’s last place of ordinary residence is situated. 7. Section 221 of the Act is repealed. 8. The portion of subsection 222(1) of the Act before paragraph (a) is replaced by the following: Conditions for voting 222. (1) An elector may vote under this Division if his or her application for registration and special ballot is received at the office of the Chief Electoral Officer after the issue of the writs and before 6:00 p.m. on the sixth day before polling day and if he or she 9. (1) Paragraph 223(1)(a) of the Act is replaced by the following: (a) the elector’s name and address of his or her last place of ordinary residence; (a.1) proof of the elector’s Canadian citizenship; 2000, c. 12, par. 40(2)(g) (2) Paragraph 223(1)(e) of the Act is replaced by the following: (e) proof of the elector’s identity and of his or her last place of ordinary residence; (3) Section 223 of the Act is amended by adding the following after subsection (1): Proof of identity and last place of ordinary residence (1.1) For the purposes of paragraph (1)(e), the elector (a) shall provide as proof of his or her identity and last place of ordinary residence a copy of the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves that residence; or (b) shall provide as proof of his or her identity a copy of two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name and shall provide proof of his or her last place of ordinary residence by taking an oath or making a statutory declaration in writing in the prescribed form — the form including a statement that he or she has become aware of the notice referred to in subsection (1.2) and a statement that he or she is qualified to vote under this Division — if he or she fulfils the following conditions: (i) he or she proves the identity and the place of ordinary residence, or the last place of ordinary residence, of an other elector by providing a copy of the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s place of ordinary residence or last place of ordinary residence or, if the other elector is included in a list of electors, an address that is consistent with information related to him or her that appears on that list, and (ii) he or she provides a copy of the attestation by which the other elector attested to the elector’s last place of ordinary residence by taking an oath or making a statutory declaration, in writing in the prescribed form, the form including the statements that (A) the other elector has made himself or herself aware of the notice referred to in subsection (1.3), (B) the other elector knows the elector personally, (C) the other elector knows that the elector’s last place of ordinary residence is situated in the electoral district in which that other elector is qualified to vote, (D) the other elector has not attested to, at the election, the place of ordinary residence or the last place of ordinary residence of another person who is an elector as defined in subsection 2(1), and (E) the other elector’s own place of ordinary residence or last place of ordinary residence has not been attested to, at the election, by another person who is an elector as defined in subsection 2(1). Requirement before taking oath — elector (1.2) If an elector decides to prove his or her last place of ordinary residence by taking an oath or making a statutory declaration in writing in the prescribed form, he or she shall make himself or herself aware of the notice that is included in the form and that sets out the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes paragraph 281(g.1) or subsection 549(3). Requirement before attesting to residence (1.3) If an other elector decides to attest to an elector’s last place of ordinary residence by taking an oath or making a statutory declaration in writing in the prescribed form, he or she shall make himself or herself aware of the notice that is included in the form and that sets out the penalty that may be imposed under this Act on a person who contravenes subsection (1.4), (1.5) or 549(3). Prohibition —attesting to residence of more than one elector (1.4) No other elector shall attest, at an election, to the place of ordinary residence or last place of ordinary residence of more than one person who is an elector as defined in subsection 2(1). Prohibition —attesting to residence (own residence attested to) (1.5) No elector whose own last place of ordinary residence has been attested to at an election shall attest, at that election, to the place of ordinary residence or last place of ordinary residence of another person who is an elector as defined in subsection 2(1). 10. Sections 224 and 225 of the Act are replaced by the following: Approval of application 224. The Chief Electoral Officer shall approve an application for registration and special ballot only if the elector has fulfilled the conditions set out in subsection 222(1) and the application contains the information set out in subsection 223(1). Elector previously on list of electors 225. (1) The Chief Electoral Officer shall inform the returning officer of any elector who is to vote by special ballot and whose name is on a list of electors for the returning officer’s electoral district that the elector is to vote by special ballot. The returning officer shall indicate on the list of electors that the elector has received a special ballot. Elector not previously on list (2) If an elector’s name is not already included on a list of electors, the Chief Electoral Officer shall so inform the returning officer for the electoral district in which the elector is to vote by special ballot. The returning officer shall enter the elector’s name on the list of electors for the appropriate polling division in that electoral district and shall indicate that the elector has received a special ballot. Vote by special ballot only 225.1 Once an elector’s application for registration and special ballot has been accepted, the elector may vote only under this Division. 11. The portion of section 226 of the Act before paragraph (e) is replaced by the following: Deletion 226. The Chief Electoral Officer shall delete from the Register of Electors the name of an elector who 12. Subsection 227(1) of the Act is replaced by the following: Provision of special ballot 227. (1) After approving an application for registration and special ballot, the Chief Electoral Officer shall send a special ballot, an inner envelope and an outer envelope to the elector who made the application, at the address referred to in paragraph 223(1)(g). 13. Section 231 of the Act is replaced by the following: Definitions 231. The following definitions apply in this Division. “elector”« électeur » “elector” means an elector, other than a Canadian Forces elector or an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division. “other elector”« autre électeur » “other elector” means, in relation to an elector who makes an application for registration and special ballot, another person who is qualified to vote in the polling division in which the elector’s place of ordinary residence is situated. 14. (1) Subsection 233(1) of the Act is amended by adding the following after paragraph (a): (a.1) proof of the elector’s Canadian citizenship, if the elector makes the application from outside Canada; (2) Paragraph 233(1)(c) of the Act is replaced by the following: (c) proof of the elector’s identity and of his or her place of ordinary residence; (3) Section 233 of the Act is amended by adding the following after subsection (1): Proof of identity and place of ordinary residence (1.01) For the purposes of paragraph (1)(c), the elector (a) shall provide as proof of his or her identity and place of ordinary residence a copy of the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves that residence; or (b) shall provide as proof of his or her identity a copy of two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name and shall provide proof of his or her place of ordinary residence by taking an oath or making a statutory declaration in writing in the prescribed form — the form including a statement that he or she has become aware of the notice referred to in subsection (1.02) and a statement that he or she is qualified to vote under this Division — if he or she fulfils the following conditions: (i) he or she proves the identity and the place of ordinary residence of an other elector by providing a copy of the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s place of ordinary residence or, if the other elector is included in a list of electors, an address that is consistent with information related to him or her that appears on that list, and (ii) he or she provides a copy of the attestation by which that other elector attested to the elector’s place of ordinary residence by taking an oath or making a statutory declaration, in writing in the prescribed form, the form including the statements that (A) the other elector has made himself or herself aware of the notice referred to in subsection (1.03), (B) the other elector knows the elector personally, (C) the other elector knows that the elector’s place of ordinary residence is situated in the polling division in which that other elector is qualified to vote, (D) the other elector has not attested to, at the election, the place of ordinary residence, or the last place of ordinary residence as defined in section 220, of another person who is an elector as defined in subsection 2(1), and (E) the other elector’s own place of ordinary residence has not been attested to, at the election, by another person who is an elector as defined in subsection 2(1). Requirement before taking oath — elector (1.02) If an elector decides to prove his or her place of ordinary residence by taking an oath or making a statutory declaration in writing in the prescribed form, he or she shall make himself or herself aware of the notice that is included in the form and that sets out the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes paragraph 281(g.1) or subsection 549(3). Requirement before attesting to residence (1.03) If an other elector decides to attest to an elector’s place of ordinary residence by taking an oath or making a statutory declaration in writing in the prescribed form, he or she shall make himself or herself aware of the notice that is included in the form and that sets out the penalty that may be imposed under this Act on a person who contravenes subsection (1.04), (1.05) or 549(3). Prohibition —attesting to residence of more than one elector (1.04) No other elector shall attest, at an election, to the place of ordinary residence, or the last place of ordinary residence as defined in section 220, of more than one person who is an elector as defined in subsection 2(1). Prohibition —attesting to residence (own residence attested to) (1.05) No elector whose own place of ordinary residence has been attested to at an election shall attest, at that election, to the place of ordinary residence, or the last place of ordinary residence as defined in section 220, of another person who is an elector as defined in subsection 2(1). 15. The Act is amended by adding the following after section 233: Approval of application 233.1 The returning officer or special voting rules administrator shall approve an application for registration and special ballot only if the elector has fulfilled the condition set out in section 232 and the application contains the information set out in subsection 233(1). 16. Section 281 of the Act is amended by striking out “or” at the end of paragraph (g) and by adding the following after paragraph (g): (g.1) vote or attempt to vote at an election under Division 3 or 4, knowing that he or she is not qualified as an elector; or 17. (1) Subsection 491(2) of the Act, as enacted by section 94.1 of the Fair Elections Act, chapter 12 of the Statutes of Canada, 2014, is amended by relettering paragraphs (a) to (c) as paragraphs (e) to (g), respectively, and by adding the following before paragraph (e): (a) contravenes subsection 223(1.4) (attesting to residence of more than one elector); (b) contravenes subsection 223(1.5) (attesting to residence when own residence attested to); (c) contravenes subsection 233(1.04) (attesting to residence of more than one elector); (d) contravenes subsection 233(1.05) (attesting to residence when own residence attested to); (2) Paragraph 491(3)(d) of the Act is replaced by the following: (d) contravenes any of paragraphs 281(g) to (h) (prohibited acts re special voting rules); or 18. Subsection 549(2) of the Act is replaced by the following: Administration of oath in foreign country (1.1) If an oath referred to in subsection (1) other than a statutory declaration is taken in a foreign country, it shall be administered by any person referred to in section 52 of the Canada Evidence Act. No fees for oaths, etc. (2) All oaths or affidavits taken under this Act in Canada shall be administered free of charge. TRANSITIONAL PROVISION Register of electors temporarily resident outside Canada 19. The information that, on the day on which this Act comes into force, is contained in the register referred to in subsection 222(1), as it read immediately before that day, is deemed, on that day, to be contained in the Register of Electors, and the Chief Electoral Officer must update the Register of Electors accordingly. COMING INTO FORCE 60 days after royal assent 20. This Act comes into force 60 days after the day on which it receives royal assent. Published under authority of the Speaker of the House of Commons Explanatory NotesCanada Elections Act Clause 2: New. Clause 3: Relevant portion of subsection 95(1): 95. (1) Each returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors who ... (c) are referred to in section 222. Clause 4: New. Clause 5: Text of enacted section 164.1: 164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether deputy returning officers, poll clerks and registration officers have, on all days of advance polling and on polling day, properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 143 to 149, 161 to 162 and 169. Clause 6: (1) Existing text of the definition: “register” means the register referred to in subsection 222(1). (2) New. Clause 7: Existing text of section 221: 221. An elector may vote under this Division if his or her application for registration and special ballot is received in Ottawa by 6:00 p.m. on the 6th day before polling day and his or her name is entered on the register. Clause 8: Relevant portion of subsection 222(1): 222. (1) The Chief Electoral Officer shall maintain a register of electors who are temporarily resident outside Canada in which is entered the name, date of birth, civic and mailing addresses, sex and electoral district of each elector who has filed an application for registration and special ballot and who Clause 9: (1) and (2) Relevant portion of subsection 223(1): 223. (1) An application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall include (a) satisfactory proof of the elector’s identity; ... (e) the address of the elector’s last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of the spouse, the common-law partner or a relative of the elector, a relative of the elector’s spouse or common-law partner, a person in relation to whom the elector is a dependant or a person with whom the elector would live but for his or her residing temporarily outside Canada; (3) New. Clause 10: Existing text of sections 224 and 225: 224. The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register. 225. The Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register. Clause 11: Relevant portion of section 226: 226. The Chief Electoral Officer shall delete from the register the name of an elector who (a) does not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer; (b) makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register; (c) has died and concerning whom a request has been received to have the elector’s name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death; (d) returns to Canada to reside; Clause 12: Existing text of subsection 227(1): 227. (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall send a special ballot, an inner envelope and an outer envelope to every elector whose name is entered in the register, at the address referred to in paragraph 223(1)(g). Clause 13: Existing text of section 231: 231. For the purpose of this Division, “elector” means an elector, other than a Canadian Forces elector or an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division. Clause 14: (1) and (2) Relevant portion of subsection 233(1): 233. (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information: ... (c) satisfactory proof of the elector’s identity and residence; (3) New. Clause 15: New. Clause 16: Relevant portion of section 281: 281. No person shall, inside or outside Canada, Clause 17: (1) Text of enacted subsection 491(2): (2) Every person is guilty of an offence who (a) contravenes subsection 237.1(3.1) (attesting to residence of more than one elector); (b) contravenes subsection 237.1(3.2) (attesting to residence when own residence attested to); or (c) contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules). (2) Relevant portion of subsection 491(3): (3) Every person is guilty of an offence who ... (d) contravenes paragraph 281(g) or (h) (prohibited acts re special voting rules); or Clause 18: Existing text of subsection 549(2): (2) All oaths or affidavits taken under this Act shall be administered free of charge.