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The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 21st day of November, 2019
Kate Ryan-Lloyd, Acting Clerk of the House
HONOURABLE DAVID R. P. EBY
ATTORNEY GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 – Election Act Amendments
1 Section 1 (1) of the Election Act, R.S.B.C. 1996, c. 106, is amended
(a) by repealing the definitions of "absentee voting" and "alternative absentee voting",
(b) in the definition of "advance voting" by striking out "for the electoral district for which an individual is a voter",
(c) by adding the following definitions:
"alternative voting option" means an option for voting under Division 5 of Part 6;
"assisted telephone voting" means voting in which an election official marks a ballot for an individual in accordance with the directions provided by the individual via telephone;
"auxiliary compartment" means a section of the ballot box in which ballots can be temporarily stored
(a) in the event that vote-counting equipment fails to operate, or
(b) in any other event that requires temporary storage to facilitate voting proceedings;
"ballot printer" means the following:
(a) a printer that is able to print a ballot;
(b) any other prescribed electronic device that enables the printing of a ballot; ,
(d) in paragraph (d) of the definition of "campaign period election advertising" by striking out "his or her personal political views" and substituting "the individual's personal political views",
(e) by adding the following definition:
"close of final voting" means the end of voting hours set under this Act for a final voting opportunity; ,
(f) by repealing the definition of "close of general voting",
(g) by repealing paragraph (c) of the definition of "election official" and substituting the following:
(c) an individual appointed under section 19 (1), or ,
(h) in the definition of "election official responsible" by striking out "under this Act" and substituting "under this Act or by the chief electoral officer or the district electoral officer",
(i) by adding the following definitions:
"electronic vote-counting machine" means a machine that scans a specified area on a ballot in order to count and tabulate votes;
"electronic voting book" means a voting book in electronic format;
"final voting" means voting under section 96 at a final voting opportunity;
"final voting day" means the day established by section 27;
"final voting opportunity" means a voting opportunity under section 75; ,
(j) by repealing the definitions of "general voting", "general voting day" and "general voting opportunity",
(k) by adding the following definitions:
"holiday" means
(a) Sunday, Christmas Day, Good Friday and Easter Monday,
(b) Canada Day, Victoria Day, British Columbia Day, Labour Day, Remembrance Day, Family Day and New Year's Day,
(c) December 26, and
(d) a day set by the Parliament of Canada or by the Legislature, or appointed by proclamation of the Governor General or the Lieutenant Governor, to be observed as a day of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for celebrating the birthday of the reigning Sovereign, or as a public holiday; ,
"list of future voters" means the list of future voters under Division 4 of Part 4; ,
(l) in the definition of "list of voters" by striking out "under Part 4" and substituting "under Divisions 1 to 3 of Part 4",
(m) by adding the following definition:
"mail-in voting package" means a mail-in voting package referred to in section 104.01; ,
(n) in paragraph (d) of the definition of "pre-campaign period election advertising" by striking out "his or her personal political views" and substituting "the individual's personal political views",
(o) in paragraph (b) of the definition of "specified fundraising function" by adding the following subparagraph:
(v) a nomination contestant for a major political party; ,
(p) by adding the following definitions:
"vote-counting equipment" means the following:
(a) an electronic vote-counting machine;
(b) any other prescribed equipment to count or tabulate votes;
"voting book" means a book, in paper or electronic format, that includes the following information about voters:
(a) the name of a voter;
(b) the residential address of a voter;
(c) any other information about a voter specified by the chief electoral officer; ,
(q) by repealing the definition of "voting officer",
(r) in the definition of "voting opportunity" by striking out "section 73 (a) to (d)" and substituting "section 73 (a) to (c)" , and
(s) by adding the following definition:
"youth" means a person who is 16 or 17 years of age.
2 Section 2 (2) is amended by striking out "If the time" and substituting "Subject to section 27 (4), if the time".
3 Section 12 is amended
(a) in subsection (1) (a) by striking out "respecting the voter registration process" and substituting "respecting the voter registration procedures",
(b) in subsection (1) (c) by striking out "regarding the voter registration and other electoral processes" and substituting "regarding the voter registration procedures and election proceedings", and
(c) in subsection (2) by adding the following paragraph:
(d.1) to specify the directions that election officials are to give, under this Act, to voters in voting proceedings; .
4 Section 19 (1) is repealed and the following substituted:
(1) If an election is called for an electoral district, the district electoral officer must appoint sufficient election officials required to conduct the election proceedings, taking into account any matters specified by the chief electoral officer under section 79.01.
5 Section 26 (2) is amended by striking out "in Form 1" and substituting "substantially in the form of Form 1".
6 Section 27 is repealed and the following substituted:
27 (1) General voting day for an election,
(a) in the case of a general election conducted in accordance with section 23 (2) or (3) of the Constitution Act, and in the case of a by-election, is the 28th day after the date on which the election is called, and
(b) in the case of a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, subject to subsection (3) of this section, is at least the 32nd day but no later than the 38th day after the date on which the election is called.
(2) General voting day for a general election described in subsection (1) (a) must occur on a Saturday.
(3) General voting day for a general election described in subsection (1) (b) must occur on a Saturday, and the date under subsection (1) (b) is to be determined accordingly.
(4) As an exception to subsections (2) and (3), if the day under subsection (1) falls on a holiday, general voting day is the next day that is not a holiday.
7 Section 31 is amended
(a) by repealing subsection (1) (b) and (c) and substituting the following:
(b) the individual must be
(i) an individual who is 18 years of age or older at the time of registration, or
(ii) an individual who is not 18 years of age but who, on general voting day for an election, will be 18 years of age;
(c) the individual must be
(i) an individual who has been a resident of British Columbia for the immediately preceding 6 months, or
(ii) an individual who has not been a resident of British Columbia for the immediately preceding 6 months but who, on general voting day for an election, will have been a resident of British Columbia for the immediately preceding 6 months; , and
(b) by adding the following subsection:
(1.1) An individual described in subsection (1) (b) (ii) or (1) (c) (ii) may not register before the date that is 90 days before the general voting day for an election for the electoral district for which the individual will be entitled to vote on registration.
8 Section 32 is amended
(a) in subsection (4) by adding the following paragraph:
(c) if the individual is unable to provide an address under paragraph (a) or (b), either
(i) the place where the individual was arrested, or
(ii) the place of the last court where the individual was convicted and sentenced. , and
(b) in subsection (5) by striking out "to be his or her residence" and substituting "to be the individual's residence".
9 Section 35 (1) is amended by striking out "must be on a form supplied by" and substituting "must be on a form specified by".
10 Section 37 is amended
(a) in subsection (1) by striking out "the day after an election is called for the electoral district" and substituting "a day specified by the chief electoral officer",
(b) in subsection (2) by striking out "in accordance with section 270 a notice stating that after the day the election is called" and substituting "in accordance with subsection (3) a notice of the day specified under subsection (1) and stating that from that date", and
(c) by adding the following subsection:
(3) The notice under subsection (2) must be published on the internet and in one or more newspapers circulating in the affected electoral district such that publication is made throughout the electoral district, if this is possible.
11 Section 38 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The chief electoral officer may authorize persons other than voter registration and election officials to act as agents of the chief electoral officer for receiving
(a) applications for voter registration,
(b) applications for updating voter registration information, or
(c) applications for inclusion in the list of future voters. ,
(b) by repealing subsection (3) (a) and substituting the following:
(a) the form or document may be combined with
(i) an application for voter registration,
(ii) an application for updating voter registration information, or
(iii) an application for inclusion in the list of future voters, and , and
(c) by adding the following subsection:
(4.1) As an exception to section 51.02 (3), the chief electoral officer may accept a copy of an application received under this section as an application for inclusion in the list of future voters.
12 Section 40 is repealed and the following substituted:
40 (1) In this section, "provincial identity information services provider" has the same meaning as in the Freedom of Information and Protection of Privacy Act.
(2) The chief electoral officer may, for the following purposes, request that the Insurance Corporation of British Columbia under the Motor Vehicle Act and a provincial identity information services provider provide information contained in records kept by the corporation or, as applicable, the provincial identity information services provider:
(a) updating voter registration information;
(b) updating the list of future voters;
(c) contacting youth to provide information about the list of future voters.
(3) Subject to subsection (4), on receiving a request under subsection (2), the Insurance Corporation of British Columbia and a provincial identity information services provider must provide the information to the chief electoral officer.
(4) If an individual makes a written request to the Insurance Corporation of British Columbia or the provincial identity information services provider that the corporation or provincial identity information services provider not provide to the chief electoral officer personal information respecting the individual, the corporation or provincial identity information services provider must arrange for that information to be excluded from the information provided under subsection (2) to the chief electoral officer.
13 Section 47 is amended
(a) by repealing subsection (3) and substituting the following:
(3) The list of voters for an electoral district must
(a) include information about voters as specified by the chief electoral officer, and
(b) be updated at the times specified by the chief electoral officer, until the date specified by the chief electoral officer under section 37 (1), with information about voters that the chief electoral officer considers to be current information. , and
(b) in subsection (4) by striking out "Other than the requirements of subsection (3), the form of a list of voters" and substituting "The form of a list of voters".
14 Section 48 is amended
(a) by repealing subsection (1) (a) and substituting the following:
(a) the chief electoral officer must provide each candidate with an electronic copy of the list of voters for the electoral district as follows:
(i) as soon as practicable after the election is called;
(ii) as soon as practicable after the date specified by the chief electoral officer under section 37 (1); , and
(b) by repealing subsection (2) and substituting the following:
(2) A copy of the most current list of voters prepared under section 47 must be available for public inspection in the office of the district electoral officer of the electoral district during its regular office hours from the time the list is provided under section 47 (5) until the close of general voting.
15 The following section is added to Division 3 of Part 4:
51.01 (1) On request, an election official responsible must provide to a candidate, a candidate representative or a registered political party, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who votes at a final voting opportunity and each voter who votes at an advance voting opportunity:
(a) the voter number, unless paragraph (b) applies;
(b) if the voter registered or updated the voter's voter registration information in conjunction with voting, the information that the chief electoral officer considers appropriate.
(2) On request, the chief electoral officer may provide, or direct the district electoral officer to provide, to a candidate, a candidate representative or a registered political party, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who votes at a special voting opportunity and each voter who votes using an alternative voting option:
(a) the voter number, unless paragraph (b) applies;
(b) if the voter registered or updated the voter's voter registration information in conjunction with voting, the information that the chief electoral officer considers appropriate.
16 The following Division is added to Part 4:
Division 4 – List of Future Voters
51.02 (1) The chief electoral officer may establish and maintain a list of future voters consisting of youths who are
(a) Canadian citizens, and
(b) resident in British Columbia.
(2) The chief electoral officer
(a) may include youths in the list of future voters who have applied in accordance with subsection (3) to be included, and
(b) may, without any application by the youth involved, include youths in the list of future voters who meet the requirements set out in subsection (1) and are in the Register of Future Electors under the Canada Elections Act.
(3) An application for inclusion in the list of future voters must be submitted on a form specified by the chief electoral officer and must include the following information:
(a) the full name of the applicant;
(b) the residential address of the applicant and, if different, the mailing address of the applicant;
(c) the birth date of the applicant or other identifying information prescribed by regulation;
(d) a confirmation that the applicant meets the requirements set out in subsection (1);
(e) any other information prescribed by regulation.
(4) The chief electoral officer may
(a) amend information in the list of future voters to correctly show the information that the chief electoral officer considers to be current regarding a youth, and
(b) update the list of future voters by using information from the Register of Future Electors under the Canada Elections Act.
(5) The chief electoral officer may remove the name of an individual from the list of future voters as follows:
(a) if the chief electoral officer is satisfied that the youth is not qualified to be included in the list of future voters;
(b) if the youth requests in writing that the youth be removed from the list;
(c) if the chief electoral officer is satisfied that the youth no longer has the residential address provided to the chief electoral officer;
(d) if the chief electoral officer is satisfied that the youth is deceased.
(6) The chief electoral officer must transfer information about an individual included in the list of future voters from that list to the list of voters
(a) when the individual reaches 18 years of age, or
(b) when the individual is eligible to register as a voter in the 90 days before general voting day.
(7) When the chief electoral officer transfers information about an individual under subsection (6), the individual is a registered voter.
(8) The chief electoral officer may provide information obtained under this section to the chief electoral officer under the Canada Elections Act for the purposes of section 46 of that Act.
(9) Despite any other provision of this Act or any other Act, information obtained by the chief electoral officer under this section may be used only for the following purposes:
(a) the establishment and maintenance of the list of future voters;
(b) the transfer of information under subsection (6);
(c) the provision of information under subsection (8).
(10) For certainty, the list of future voters may not be used for a commercial purpose or disclosed to candidates, constituency associations, political parties, candidate representatives, financial agents of candidates, or representatives or financial agents of constituency associations and political parties.
17 Section 55 (2) (a) is repealed and the following substituted:
(a) if the financial agent of the individual for whom it is paid files with the chief electoral officer, within 90 days after general voting day for an election, an election financing report under section 209, the nomination deposit is to be returned to the financial agent; .
18 Section 56 (1) is amended
(a) in paragraph (a) by striking out "section 23 (2)" and substituting "section 23 (2) or (3)" and by striking out "is called, or" and substituting "is called,",
(b) by repealing paragraph (b) and substituting the following:
(b) in the case of a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, between 9 a.m. on the 3rd day after the election is called and 1 p.m. on the 11th day after the election is called, or , and
(c) by adding the following paragraph:
(c) in the case of a by-election, between 9 a.m. on the 3rd day after the election is called and 1 p.m. on the 7th day after the election is called.
19 Section 57 (1) (a) and (b) is amended by striking out "section 23 (2)" and substituting "section 23 (2) or (3)".
20 The following section is added:
59.01 (1) A registered political party must provide to the chief electoral officer, within 14 days of the end of a nomination contest, a notice in a form specified by the chief electoral officer that must include the following information:
(a) the date established as the beginning of the nomination contest;
(b) the date the nomination contest concluded;
(c) the name, mailing address and telephone number of each nomination contestant and of the financial agent of each nomination contestant, including of a nomination contestant who withdrew from the contest after the date described in paragraph (a);
(d) the name of the nomination contestant being endorsed by the party under section 60;
(e) any other information prescribed by regulation.
(2) For certainty, a notice under subsection (1) is required even if a nomination contestant is acclaimed or appointed by the registered political party to represent the party as a candidate.
21 Section 66 (7) is amended by striking out "Saturdays, Sundays and other holidays" and substituting "Saturdays and holidays".
22 Section 71 (3) is amended by striking out "financial agent for a candidate" and substituting "financial agent of a candidate".
23 Section 73 is repealed and the following substituted:
73 A voter for an electoral district who meets the applicable requirements may vote in an election for the electoral district by one of the following:
(a) final voting under section 96 at a final voting opportunity;
(b) advance voting under section 97 at an advance voting opportunity;
(c) voting under section 98 at a special voting opportunity, subject to any applicable restrictions referred to in section 77 (2);
(d) voting under Division 5 of this Part using an alternative voting option.
24 Section 74 is amended
(a) in subsection (1) by striking out "An employee" and substituting "Subject to subsections (1.1) and (1.2), an employee",
(b) by adding the following subsections:
(1.1) If both of the following apply, an employee is entitled to have 4 consecutive hours free from employment during voting hours for advance voting:
(a) the employee has hours of employment scheduled on general voting day such that the employee would not have 4 consecutive hours free from employment during voting hours;
(b) the employee is willing to vote at an advance voting opportunity.
(1.2) An employee who is entitled to time off under subsection (1.1) is not entitled to time off under subsection (1). , and
(c) in subsection (2) by striking out "in subsection (1)" and substituting "in subsection (1) or (1.1)".
25 Section 77 (6) is amended by striking out "procedures for voting and for conducting the voting proceedings and voter registration" and substituting "election procedures".
26 Section 78 is repealed and the following substituted:
78 (1) As soon as reasonably possible after the district electoral officer establishes an office for use during an election, voting at the office of the district electoral officer as described in section 104 must be available from that office until 4 hours before the time set by section 75 (3) for the close of final voting.
(2) Voting by mail-in voting must be available as soon as reasonably possible after mail-in voting packages have been prepared.
27 The following Division is added to Part 6:
Division 1.1 – Voting Administration Tools
79.01 (1) In this Part and Part 7, "voting administration tools" means the following types of tools:
(a) electronic voting books;
(b) ballot printers;
(c) vote-counting equipment;
(d) any other prescribed types of tools to assist in the conduct of voting proceedings.
(2) Voting administration tools under subsection (1) (d) must not include the following:
(a) tools to enable voting using the internet;
(b) tools to enable a voter to record a voter's candidate choice that does not involve marking a ballot paper.
(3) For each election, the chief electoral officer may
(a) specify whether one or more types of voting administration tools are to be used for the following:
(i) a specified electoral district or a specified class of electoral districts;
(ii) a specified geographic area or community within an electoral district;
(iii) a specified voting opportunity or a specified class of voting opportunities;
(iv) a specified alternative voting option or a specified class of alternative voting options;
(v) a specified voting place or a specified class of voting places;
(vi) any other prescribed circumstance in which, or location at which, one or more voting administration tools are to be used, and
(b) specify the following in accordance with voting administration tools specified:
(i) the number of election officials required to conduct the election proceedings;
(ii) the responsibilities of election officials in relation to the voting proceedings in which the voting administration tools are used.
(4) If the chief electoral officer specifies anything under this section, the chief electoral officer must publish the matters specified on an authorized Elections BC internet site as follows:
(a) in the case of a general election conducted in accordance with section 23 (2) or (3) of the Constitution Act, at least 60 days before the date the election is called;
(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act, as soon as practicable after the date the election is called.
(5) If, in the opinion of the chief electoral officer, circumstances arise in which changing a matter specified under this section would facilitate the conduct of voting proceedings, the chief electoral officer
(a) may make the change, and
(b) must publish the change on an authorized Elections BC internet site as soon as practicable.
79.02 (1) This section applies if the chief electoral officer specifies the use of an electronic voting book under section 79.01.
(2) The chief electoral officer must establish procedures respecting the use of an electronic voting book, which must include the following:
(a) procedures in relation to how the electronic voting book is to be used by the chief electoral officer, district electoral officers and election officials;
(b) procedures in relation to the security of the electronic voting book, including how the data in the electronic voting book are to be stored and protected from damage or loss;
(c) procedures in relation to how and when the data in the electronic voting book may be accessed;
(d) procedures in relation to addressing circumstances in which there may be connectivity issues, software issues or similar issues that prevent or compromise the use of the electronic voting book;
(e) procedures in relation to anything else the chief electoral officer considers necessary for conducting voting proceedings and maintaining the integrity of voting proceedings in which the electronic voting book is used.
79.03 (1) This section applies if the chief electoral officer specifies the use of ballot printers under section 79.01.
(2) Subject to subsection (3), a ballot printer may be used to print a ballot only in the following circumstances:
(a) if a voter is voting for another electoral district for which an election is being conducted at the same time as the election in which the voter is voting;
(b) if there are not sufficient numbers of pre-printed ballots.
(3) The chief electoral officer may direct the use of a ballot printer for a voter voting for another voting area in the same electoral district as the voting area in which the voter is resident.
(4) The chief electoral officer must establish procedures for the use of a ballot printer, which must include the following:
(a) procedures establishing how the ballot printer is to be used by the chief electoral officer, district electoral officers and election officials;
(b) procedures in relation to the security of the ballot printer, both while being used in a voting proceeding and at other times.
79.04 (1) This section applies if the chief electoral officer specifies the use of vote-counting equipment under section 79.01.
(2) The following restrictions apply with respect to the use of vote-counting equipment:
(a) the vote-counting equipment must not be a part of or connected to an electronic network during the voting proceedings;
(b) at the discretion of the chief electoral officer, the vote-counting equipment may be securely connected to an electronic network for the purpose of transmitting information to the chief electoral officer or, if authorized by the chief electoral officer, to a district electoral officer;
(c) the vote-counting equipment must be tested in accordance with industry standards;
(d) before the first use of the vote-counting equipment for the election, the supervising election official must demonstrate that no votes have been recorded on the equipment;
(e) the vote-counting equipment must not be used to generate, print or report election results until after the close of final voting on final voting day.
(3) For the purpose of subsection (2) (c), testing includes, without limitation, logic and accuracy testing.
(4) The chief electoral officer must establish procedures for the use of vote-counting equipment, which must include the following:
(a) procedures establishing how the vote-counting equipment is to be used by the chief electoral officer, district electoral officers and election officials;
(b) procedures in relation to the testing of the vote-counting equipment as described in subsection (2) (c);
(c) procedures in relation to the security of the vote-counting equipment, while it is being used in a voting proceeding and at other times;
(d) procedures establishing what steps to take if the vote-counting equipment provides a notification described in subsection (5);
(e) procedures in relation to anything else the chief electoral officer considers necessary for conducting voting proceedings and maintaining the integrity of voting proceedings in which vote-counting equipment is used.
(5) Vote-counting equipment must be programmed in such a manner that the equipment provides a notification if the equipment detects the following:
(a) there is no mark on the ballot or the mark made cannot be read by the vote-counting equipment;
(b) there is more than one mark on the ballot;
(c) the mark on the ballot is ambiguous.
79.05 If vote-counting equipment is used, depositing a ballot in a ballot box includes the following:
(a) an election official or a voter inserting the ballot in the vote-counting equipment;
(b) an election official or a voter inserting the ballot in an auxiliary compartment;
(c) a prescribed action by an election official in relation to the vote-counting equipment.
28 Section 80 (2) (c) is repealed and the following substituted:
(c) include in each voting area the number of voters, from the Provincial list of voters, that the chief electoral officer considers will facilitate conducting voting proceedings for the voters.
29 Section 82 is repealed and the following substituted:
82 (1) A voting station is a location where an individual obtains a ballot to use for voting at a voting opportunity.
(2) Subject to subsection (3), there must be a ballot box at each voting station and an election official responsible for each voting station.
(3) If voting administration tools are used, the ballot box and vote-counting equipment used with the ballot box may be placed in a location at the voting place other than at the voting station.
(4) For a voting opportunity,
(a) the district electoral officer must establish sufficient voting stations to accommodate the number of voters that are anticipated to attend to vote at the opportunity, and
(b) an election official may direct a voter to a voting station.
30 Section 83 (3) is amended by striking out "in the form directed by the chief electoral officer" and substituting "in the form specified by the chief electoral officer".
31 Sections 84 and 85 are repealed and the following substituted:
84 (1) The chief electoral officer must
(a) arrange for the preparation of voting books, in the format and with the content specified by the chief electoral officer, and
(b) ensure that each district electoral officer has, or has access to, the following:
(i) the required voting books;
(ii) any voting administration tools required in relation to voting books, and equipment to support the use of the voting administration tools, if the use of the voting administration tools is specified by the chief electoral officer under section 79.01.
(2) The chief electoral officer may specify the use of separate voting books for different types of voting opportunities and for alternative voting options.
85 (1) A ballot box
(a) must be constructed so that
(i) ballots can be inserted into it, and
(ii) inserted ballots cannot be withdrawn unless the box is opened, and
(b) may be constructed
(i) with an auxiliary compartment, and
(ii) so that vote-counting equipment can be attached.
(2) The chief electoral officer must establish procedures to ensure that ballots are kept in a way to facilitate the preparation of ballot accounts.
32 Section 86 is amended
(a) in subsection (2) by striking out "in Form 2 as set out in the Schedule to this Act" and substituting "in the form prescribed by regulation",
(b) in subsection (2) (c) by striking out "in his or her nomination documents" and substituting "in the candidate's nomination documents",
(c) in subsection (5) by striking out "in Form 3 as set out in the Schedule to this Act" and substituting "in the form prescribed by regulation", and
(d) in subsections (6) and (7) by striking out "each voting officer" and substituting "each supervising election official".
33 Sections 87 and 88 are repealed and the following substituted:
87 (1) The chief electoral officer is responsible for the following:
(a) arranging the preparation of ballot papers, certification envelopes and other election materials required for the conduct of voting;
(b) arranging the delivery of the materials described in paragraph (a) to the district electoral officer;
(c) if the chief electoral officer has specified the use of a voting administration tool under section 79.01, arranging the preparation, or procurement, of the voting administration tool and equipment to support the use of the voting administration tool;
(d) arranging the delivery of a voting administration tool and equipment described in paragraph (c) to the district electoral officer.
(2) Certification envelopes must be prepared in the form specified by the chief electoral officer.
(3) For the purpose of voting under section 104.01, mail-in voting packages must be prepared containing the following:
(a) a ballot;
(b) a secrecy envelope;
(c) a certification envelope;
(d) an outer envelope on which is printed the address of the office of the election official to whom the envelope is to be returned;
(e) instructions on how to vote by mail-in voting;
(f) anything else the chief electoral officer considers advisable.
88 (1) For each voting opportunity, the district electoral officer must assign
(a) the required number of election officials, and
(b) the required responsibilities to the election officials
to conduct the election proceedings, taking into account any matters specified by the chief electoral officer under section 79.01.
(2) For each voting opportunity, the district electoral officer
(a) must designate an election official to be responsible for supervising the election officials assigned under subsection (1), and
(b) may assign an election official to act as the supervising election official if the designated supervising election official under paragraph (a) is absent or incapable of acting.
(3) As required, the district electoral officer may assign election officials necessary for special voting opportunities and alternative voting options.
34 Section 90 (2) (c) is repealed and the following substituted:
(c) communicate information regarding another individual's candidate choice; .
35 Section 91 (1) is repealed and the following substituted:
(1) In the case of an ordinary ballot, an individual votes by marking the ballot to clearly indicate the candidate for whom the individual wishes to vote in accordance with the following, as applicable:
(a) directions provided at the voting screen;
(b) directions provided in a mail-in voting package;
(c) directions provided by the chief electoral officer.
36 Section 92 is repealed and the following substituted:
92 The supervising election official designated or assigned under section 88 must ensure that there are sufficient election officials present at a place where voting proceedings are conducted to monitor, at all times during the voting proceedings, the ballot boxes and, if used, voting administration tools.
37 Section 93 (4) is amended by striking out "the voting officer" and substituting "the election official".
38 Section 95 is amended
(a) in subsection (4) by striking out "for alternative absentee voting or unless it is to be used for another voting opportunity in accordance with section 85 (2)" and substituting "for voting at an alternative voting option",
(b) by adding the following subsection:
(4.1) During voting proceedings, an election official may, in the presence of at least one witness, remove the ballots from the auxiliary compartment of a ballot box used with vote-counting equipment, for the purpose of inserting the ballots into the vote-counting equipment in accordance with procedures established by the chief electoral officer under section 79.04 (4). , and
(c) in subsection (6) by striking out "for alternative absentee voting" and substituting "for voting at an alternative voting option".
39 The following section is added to Division 3 of Part 6:
95.01 Before vote-counting equipment is first used in a place where voting proceedings are conducted, the election official responsible, in the presence of at least one witness, must do the following:
(a) inspect the ballot box that is to be used with the vote-counting equipment to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal;
(b) inspect the auxiliary compartment to ensure that it is empty;
(c) inspect the vote-counting equipment to ensure that it has not been interfered with.
40 Sections 96, 97 and 98 are repealed and the following substituted:
96 (1) For final voting in accordance with this section, an individual must attend to vote at a final voting opportunity established
(a) for the voting area in which the individual is resident, and the election procedures in subsections (2) to (5) apply,
(b) for another voting area in the same electoral district as the voting area in which the individual is resident, and the election procedures prescribed by regulation under subsection (6) apply, or
(c) for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting, and the election procedures prescribed by regulation under subsection (6) apply.
(2) In order to obtain a ballot for final voting, the following requirements must be met:
(a) the individual voting must
(i) provide the documents described in section 41 (3), or
(ii) if the individual does not have sufficient documentation, have the individual's identity and place of residence confirmed in accordance with section 41.1, and for this purpose, section 41.1 (4) and (5) applies;
(b) if the individual is registering as a voter for the electoral district in conjunction with voting, the election official responsible must record information about the individual as specified by the chief electoral officer;
(c) if the individual voting is a registered voter, the election official responsible must update information about the voter, if applicable, as specified by the chief electoral officer;
(d) the individual voting must, as directed by the election official responsible,
(i) make a written declaration that the individual is entitled to vote in the election, or
(ii) make an oral declaration that the individual is entitled to vote in the election, in which case the election official responsible must make a record that the individual made an oral declaration;
(e) if the individual requires assistance to vote, the requirements of section 109 must also be met;
(f) if the individual is challenged under section 111, the individual must also meet the requirements of that section;
(g) if it appears that another individual has already voted using the individual's name, the individual must also meet the requirements of section 112.
(3) Once the requirements referred to in subsection (2) have been met, the election official responsible must
(a) announce the name of the individual,
(b) initial a ballot,
(c) hand the individual the initialled ballot, and
(d) provide the individual with directions about the following:
(i) how to keep marks on the ballot concealed once the individual has marked the ballot by either
(A) placing the ballot in a secrecy sleeve, or
(B) refolding the ballot to conceal the names of the candidates and any mark made on the ballot by the individual;
(ii) what to do with the ballot once the individual has marked the ballot.
(4) To vote after receiving a ballot, an individual must
(a) go directly to a voting screen provided,
(b) while the ballot is screened from observation, mark it in accordance with section 91,
(c) conceal the names of the candidates and any mark made on the ballot by the individual as directed, under subsection (3) (d), by the election official,
(d) return the ballot to the election official responsible, who must confirm that the ballot is the one that was given to the individual by examining the initials on the ballot, and
(e) at the individual's choice,
(i) if no vote-counting equipment is used, either
(A) accept the ballot back and deposit it in the appropriate sealed ballot box while observed by the election official responsible, or
(B) observe the election official responsible deposit the ballot in the appropriate sealed ballot box, or
(ii) if vote-counting equipment is used, either
(A) accept the ballot back and insert it into the appropriate vote-counting equipment or auxiliary compartment, as directed by the election official responsible, or
(B) observe an election official responsible insert the ballot into the appropriate vote-counting equipment or auxiliary compartment.
(5) If vote-counting equipment is used and the vote-counting equipment provides a notification described in section 79.04 (5), the election official responsible must follow the procedures established under section 79.04 (4) (d).
(6) The chief electoral officer must make regulations prescribing election procedures about the following, which may include modifying, for the purposes of this subsection, the election procedures set out in subsections (2) to (4):
(a) voting at a final voting opportunity established for another voting area in the same electoral district as the voting area in which the individual is resident;
(b) voting at a final voting opportunity established for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting.
97 (1) For advance voting in accordance with this section, an individual must attend to vote at an advance voting opportunity established
(a) for the electoral district for which the individual is a voter, and, subject to subsection (2), the election procedures in section 96 (2) to (5) apply, or
(b) for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting, and, subject to subsection (2), the election procedures prescribed by regulation under section 96 (6) apply.
(2) The chief electoral officer may make regulations for advance voting opportunities, which may include modifying, for the purposes of this section, the election procedures set out in section 96 (2) to (5) or prescribed by regulation under section 96 (6).
98 (1) For voting at a special voting opportunity in accordance with this section, an individual must
(a) attend to vote at the time and place where the voting opportunity is being conducted, and
(b) be entitled to vote at the special voting opportunity, if any restrictions referred to in section 77 (2) on who may vote at the voting opportunity apply.
(2) Unless the time for voting is extended under section 114 or the voting opportunity is adjourned under section 272, an individual may not vote under this section after the time set by section 75 (3) for the close of final voting for the election in which the individual is voting.
(3) In order to obtain a ballot at a special voting opportunity, the following requirements must be met:
(a) the individual voting must, as directed by the election official responsible,
(i) make a written declaration that the individual is entitled to vote in the election and, if restrictions referred to in subsection (1) (b) apply, that the individual is entitled to vote at the special voting opportunity, or
(ii) make an oral declaration that the individual is entitled to vote in the election and, if restrictions referred to in subsection (1) (b) apply, that the individual is entitled to vote at the special voting opportunity, in which case the election official responsible must make a record that the individual made an oral declaration;
(b) the requirements referred to in section 96 (2) (a) and, if applicable, the additional requirements referred to in section 96 (2) (d) to (f) must be met.
(4) Once the requirements of subsection (3) have been met, unless other procedures have been established under section 77, the election official responsible must
(a) announce the name of the individual,
(b) initial a ballot,
(c) hand to the individual the initialled ballot,
(d) if the ballot is a write-in ballot, provide the individual with a copy of the list of candidates, indicating the names of the candidates for the electoral district for which the individual is a voter and, as applicable, the status of the candidates as representatives of specific registered political parties or as independent candidates, and
(e) provide the individual with directions for the following:
(i) how to keep marks on the ballot concealed once the individual has marked the ballot;
(ii) what to do with the ballot once the individual has marked the ballot.
(5) In order to vote after receiving a ballot, an individual must proceed in accordance with section 96 (4) and (5) unless other procedures have been established under section 77.
(6) As an exception to subsection (5), if the individual is voting in an election for another electoral district than the one for which the voting opportunity is being held, the ballot must be dealt with in accordance with regulations prescribed under subsection (7) of this section.
(7) The chief electoral officer must make regulations respecting the conduct of voting at a special voting opportunity established for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting, which may include modifying, for the purposes of this subsection, the election procedures set out in subsection (3) or (4).
41 Sections 99, 100 and 101 are repealed.
42 The heading to Division 5 of Part 6 is repealed and the following substituted:
Division 5 – Alternative Voting Options .
43 Sections 102, 103 and 104 are repealed and the following substituted:
102 (1) Voting under sections 104 and 104.01 must be available as set out in section 78.
(2) If an alternative voting option is within a class established by the chief electoral officer by regulation, any restrictions established by the regulations on who may vote apply.
104 (1) An individual may attend to vote under this section at the office of a district electoral officer during its regular office hours.
(2) Voting under this section may be done at any time up until 4 hours before the time set by section 75 (3) for the close of final voting for the election in which the individual is voting.
(3) In order to vote under this section, the following requirements must be met:
(a) the individual voting must, as directed by the election official responsible,
(i) make a written declaration that the individual is entitled to vote in the election, or
(ii) make an oral declaration that the individual is entitled to vote in the election, in which case the election official responsible must make a record that the individual made an oral declaration;
(b) the requirements referred to in section 96 (2) (a) and, if applicable, the additional requirements of section 96 (2) (e) to (g) must be met.
(4) Once the requirements of subsection (3) are met, section 96 (3), (4) and (5) applies to the voting.
(5) The chief electoral officer may make regulations in relation to voting at the office of a district electoral officer before ordinary ballots for voting have been prepared, which may include regulations modifying, for the purposes of this section, the election procedures set out in section 96 (3), (4) and (5).
44 The following section is added:
104.01 An individual may
(a) apply, in accordance with section 105 or 105.01, as applicable, for a mail-in voting package
(i) to the chief electoral officer, or
(ii) to the district electoral officer if the chief electoral officer has so specified or if it would be more convenient for the individual, and
(b) vote using a mail-in voting package in accordance with section 106.
45 Section 105 is repealed and the following substituted:
105 (1) An application for a mail-in voting package may be made at any time up until 4 hours before the time set by section 75 (3) for the close of final voting for the election in which the individual is voting.
(2) Subject to section 105.01, an individual must not apply for more than one mail-in voting package for an election.
(3) An application under subsection (1) must include the following:
(a) the name and residential address of the individual;
(b) an address at which the individual can be reached and to which the mail-in voting package is to be sent, if this is different from the residential address of the individual;
(c) if the application is made in the 10 days before final voting day, a telephone number at which the individual can be contacted, if available.
(4) Subject to subsection (5), the chief electoral officer or district electoral officer must mail or otherwise provide a mail-in voting package prepared under section 87 (3) to an individual who has applied if the officer is satisfied that the individual is a voter for the electoral district for which the individual is applying to vote or is entitled to register as such.
(5) The chief electoral officer or district electoral officer is not required to mail a mail-in voting package to an individual who has applied if the officer considers that there is insufficient time for the mail-in voting package to be received by the following before the close of final voting:
(a) the individual;
(b) the office at the address described in section 106 (1) (g) (i);
(c) the district electoral officer under section 106 (1) (g) (ii).
(6) If an application under this section is made in the last 10 days before final voting day for the election in which the individual is voting, the individual who has applied is responsible for arranging delivery of the mail-in voting package to the chief electoral officer or district electoral officer.
(7) Before sending out a mail-in voting package, the chief electoral officer or district electoral officer must make a record that a mail-in voting package will be mailed to the individual who has applied.
(8) The chief electoral officer or district electoral officer may include and, if requested by the individual to whom the mail-in voting package is being provided, must include with a mail-in voting package
(a) an application for registration as a voter or for updating voter registration information, and
(b) instructions on how to complete the application.
46 The following section is added:
105.01 (1) An individual who
(a) receives a mail-in voting package with an incorrect name or a misspelled name of the individual or an incorrect residential address,
(b) loses, mutilates or destroys the mail-in voting package,
(c) spoils a ballot or certification envelope before it is delivered in accordance with section 106 (1) (g), or
(d) has applied requesting a voting package in accordance with section 105 but did not receive a mail-in voting package
may apply to the chief electoral officer or district electoral officer to request a replacement mail-in voting package.
(2) An application under subsection (1) may be made at any time up until 4 hours before the time set by section 75 (3) for the close of final voting for the election in which the individual is voting.
(3) The chief electoral officer or district electoral officer is not required to provide a mail-in voting package to an individual referred to in subsection (1) if the officer considers that there is insufficient time for the mail-in voting package to be received by the following before the close of final voting:
(a) the individual;
(b) the office at the address described in section 106 (1) (g) (i);
(c) the district electoral officer under section 106 (1) (g) (ii).
(4) If the chief electoral officer or district electoral officer provides a replacement mail-in voting package under this section, the officer must
(a) designate the replaced mail-in voting package as cancelled on the record maintained for that purpose, and
(b) instruct the individual on what is to be done with the cancelled mail-in voting package, if applicable.
47 Sections 106 and 107 are repealed and the following substituted:
106 (1) In order to vote using a mail-in voting package, an individual must do the following:
(a) mark the ballot in accordance with the directions provided in the mail-in voting package;
(b) place the marked ballot in the secrecy envelope provided and seal this secrecy envelope;
(c) follow the directions provided in the mail-in voting package in respect of the following:
(i) the individual's completion of the certification envelope;
(ii) in the presence of a witness, the individual's signing of a declaration that the individual
(A) is registered as a voter for the electoral district for which the individual is voting or is applying to register as such in conjunction with voting, and
(B) has not previously voted in the election and will not afterwards vote again in the same election;
(iii) the individual ensuring that the declaration is signed by the witness to the signing of the declaration under subparagraph (ii);
(d) place the certification envelope in the outer envelope provided;
(e) if the individual is registering as a voter in conjunction with voting or is updating voter registration information, enclose in the outer envelope
(i) the application form and documents required by section 41 (2) and (3) or the copies permitted by subsection (2) of this section, or
(ii) the application form and solemn declarations required by section 41.1 (2) and (3);
(f) seal the outer envelope;
(g) arrange for the sealed outer envelope containing the applicable materials referred to in paragraphs (a) to (e) of this section to be delivered
(i) to the address of the office of the election official printed on it, so that it is received before the time set by section 75 (3) for the close of final voting for the election, or
(ii) if the individual is concerned that the envelope will not be received at the address of the office of the election official printed on it before the time set by section 75 (3) for the close of final voting for the election, to the office of a district electoral officer.
(2) For the purposes of satisfying the requirements referred to in subsection (1) (e), an individual may enclose copies rather than originals of documents with the application for registration or for updating voter registration information.
107 (1) An envelope that is received as required by section 106 (1) (g) (i) before the time set by section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:
(a) immediately on receipt, the election official must open the outer envelope and record the date of receipt on the certification envelope and in the voting book;
(b) if, on the basis of an included application for registration, the election official is satisfied that the individual is entitled to be registered as a voter, the election official must accept the application and register the individual;
(c) if the election official is satisfied that the individual identified on the certification envelope is the individual to whom the envelope was provided under section 105 or 105.01, the election official must deal with the certification envelope in accordance with procedures specified by the chief electoral officer;
(d) if the election official is not satisfied as referred to in paragraph (b) or (c), the election official must note this on the certification envelope and must place the envelope in a ballot box in accordance with the procedures specified by the chief electoral officer.
(2) An envelope that is received as required by section 106 (1) (g) (ii) before the time set by section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:
(a) immediately on receipt, the election official must open the outer envelope and record the date of receipt on the certification envelope and in the voting book;
(b) if, on the basis of an included application for registration, the election official is satisfied that the individual is entitled to be registered as a voter, the election official must accept the application and register the individual;
(c) if the election official is satisfied that the individual identified on the certification envelope as using the envelope to vote is the individual to whom the envelope was issued, the election official must initial the certification envelope and place it in a ballot box;
(d) if the election official is not satisfied as referred to in paragraph (b) or (c), the election official must note this on the certification envelope and must place the envelope in a ballot box.
(3) An envelope that is received under section 106 (1) (g) after the time set by section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:
(a) on receipt, the election official must open the outer envelope and record the date and time of receipt on the certification envelope and in the voting book;
(b) the election official must forward any enclosed application for registration as a voter or for updating voter registration information to the applicable district registrar of voters to be dealt with as if it were received as part of the general registration;
(c) the certification envelope must remain unopened and must not be considered in the initial count, the final count or any judicial recount for the election.
48 Section 108 is amended
(a) in subsection (2) by striking out "alternative absentee voting packages" and substituting "mail-in voting packages",
(b) in subsection (3) by striking out "a district electoral officer" and substituting "an election official responsible" and by striking out "of alternative absentee voting packages" and substituting "of mail-in voting packages",
(c) in subsection (4) by striking out "section 106 (1) (g)" and substituting "section 106 (1) (e)",
(d) in subsection (5) by striking out "section 106 (1) (i)" and substituting "section 106 (1) (g)" and by striking out "close of general voting" and substituting "close of final voting", and
(e) by repealing subsections (6) and (7) and substituting the following:
(6) On receiving the materials referred to in subsection (5), the chief electoral officer must deal with the package in accordance with section 107.
(7) The election official must return the voting book and any unused mail-in voting packages to the chief electoral officer in accordance with procedures specified by the chief electoral officer.
49 The following sections are added to Division 5 of Part 6:
108.01 (1) The chief electoral officer may establish assisted telephone voting to enable voting by individuals with a vision impairment that would make it difficult for the individuals to vote at a voting opportunity, in a district electoral office or by mail-in voting.
(2) The chief electoral officer may offer an assisted telephone voting option to individuals other than those described in subsection (1).
(3) If the chief electoral officer offers an assisted telephone voting option under subsection (2) of this section, the report of the chief electoral officer under section 13 (1) (b) must include a report on the offer and the circumstances under which the offer was made.
(4) Despite sections 41 and 41.1, an individual may only vote using the option for assisted telephone voting if the voter is a registered voter.
(5) The chief electoral officer must, if the chief electoral officer establishes assisted telephone voting, make regulations respecting assisted telephone voting, including, without limitation, establishing the following:
(a) the period of time during which assisted telephone voting is available;
(b) procedures to ensure the secrecy of the ballot;
(c) procedures to ensure that election officials mark the ballot in accordance with the wishes of the voter.
108.02 (1) If, in the opinion of the chief electoral officer, exceptional circumstances arise in an election that would make it unsafe for individuals in a specified community or specified location to vote, the chief electoral officer may authorize the district electoral officer to provide an exceptional opportunity for the individuals in the specified community or specified location to vote.
(2) In order to obtain a ballot for voting under this section, the requirements set out in section 96 (2) must be met.
(3) Subject to subsection (4) of this section, the election procedures set out in section 96 (3), (4) and (5) and prescribed by regulation under section 96 (6) apply to voting under this section.
(4) The district electoral officer may modify the procedures referred to in subsection (3) of this section.
(5) A procedure modified under subsection (4) of this section must preserve the secrecy of the ballot.
50 Section 109 is amended
(a) by repealing subsection (1) and substituting the following:
(1) This section applies to voters
(a) who vote by attending at a voting opportunity, and
(b) who
(i) are unable to mark a ballot because of physical disability or difficulties with reading or writing, or
(ii) require the assistance of a translator to read the ballot and the instructions for voting. ,
(b) in subsection (4) by striking out "a voting officer" and substituting "an election official",
(c) in subsection (5) (a) by striking out "a solemn declaration that he or she" and substituting "a solemn declaration that the individual", and
(d) in subsection (5) (a) (ii) by striking out "will mark" and substituting "if needed, will mark".
51 The following section is added:
109.01 (1) This section applies to voters
(a) who vote by using a mail-in voting package, and
(b) who
(i) are unable to mark a ballot or request a mail-in voting package because of physical disability or difficulties with reading or writing, or
(ii) require the assistance of a translator to read the ballot and the instructions for voting.
(2) A voter referred to in subsection (1) may be assisted by an individual in voting or in requesting a mail-in voting package.
(3) An individual must not act under this section to assist more than one voter in an election.
(4) As an exception to subsection (3), an individual may assist more than one member of the individual's family to whom subsection (1) (b) (i) or (ii) applies.
(5) An individual who is assisting a voter under this section must
(a) preserve the secrecy of the ballot in accordance with section 90,
(b) if needed, mark the ballot in accordance with the directions of the voter, and
(c) refrain from attempting in any manner to influence the voter as to how the voter should vote.
(6) If a voter referred to in subsection (1) (b) (i) is unable to sign the declaration, which may be on the certification envelope or otherwise, the individual assisting the voter
(a) must sign the declaration that the voter
(i) is registered as a voter for the electoral district for which the voter is voting or is applying to register as such in conjunction with voting, and
(ii) has not previously voted in the election and will not afterwards vote again in the same election, and
(b) must provide information in accordance with the directions in the mail-in voting package.
(7) Under this section, the signature of the individual assisting the voter is considered to be the signature of the voter who is assisted in voting under this section.
(8) An individual must not provide assistance as a translator under this section unless the individual is able to make the translation and makes it to the best of the individual's abilities.
(9) An individual is not considered to have voted or to have applied for a mail-in voting package by assisting a voter under this section.
52 Section 110 (4) is amended by striking out "is placed in the appropriate" and substituting "is deposited in the appropriate".
53 Section 111 (1) is amended by striking out "or by alternative absentee voting under section 104" and substituting "or at an alternative voting option".
54 Section 112 (2) (a) is amended by striking out "the voting officer" and substituting "the election official responsible".
55 Section 113 (1) is repealed and the following substituted:
(1) In the following cases, a voter may obtain a replacement ballot by giving the spoiled ballot to the election official responsible:
(a) the voter spoils the ballot and requests the replacement ballot before the spoiled ballot is deposited in the ballot box;
(b) the vote-counting equipment provides a notification described in section 79.04 (5) in relation to the voter's ballot.
56 Section 115 is repealed and the following substituted:
115 (1) The initial count is to be a count of the votes on the ballots for an election other than, subject to subsection (2), the ballots contained in certification envelopes.
(2) The chief electoral officer may specify that ballots contained in certification envelopes are to be included in the initial count if the certification envelopes contain ballots used for voting at a voting opportunity or at an alternative voting option at which an electronic voting book was used.
57 Section 117 is amended
(a) in subsection (1) by striking out "general voting" wherever it appears and substituting "final voting",
(b) by adding the following subsections:
(1.1) If the chief electoral officer specifies under section 115 (2) that ballots contained in certification envelopes are to be included in the initial count, the initial count of ballots contained in certification envelopes must be conducted at a place specified by the chief electoral officer.
(1.2) The chief electoral officer must notify the following individuals or organizations of the place at which the initial count of ballots described in subsection (1.1) is to be conducted:
(a) the candidates who have not been endorsed in the election by a political party;
(b) the registered political parties that have endorsed candidates in the election. ,
(c) in subsection (2) by striking out "in subsection (1) must" and substituting "in subsections (1) and (1.1) must", and
(d) by repealing subsection (3) and substituting the following:
(3) The district electoral officer must notify the candidates of the places specified under subsection (2), other than a voting place referred to in subsection (1).
58 Sections 118 and 119 are repealed and the following substituted:
118 (1) The initial count of the following must be conducted by election officials assigned responsibility to do so by a district electoral officer:
(a) ballots used for final voting;
(b) ballots used for advance voting;
(c) ballots used for voting at a special voting opportunity if the ballots are not contained in certification envelopes.
(2) The initial count of ballots used for voting other than voting referred to in subsection (1) must be conducted by election officials assigned responsibility to do so by the chief electoral officer.
119 (1) At the initial count where no vote-counting equipment is used,
(a) the election official responsible for the ballot box and at least one other election official must be present,
(b) candidates in the election are entitled to be present, and
(c) each candidate is entitled to have one candidate representative present for each ballot box for which the count is being separately conducted.
(2) At the initial count where vote-counting equipment is used,
(a) the election official responsible for the vote-counting equipment and at least one other election official must be present,
(b) candidates in the election are entitled to be present,
(c) each candidate is entitled to have one candidate representative present for each electronic vote-counting machine for which the count is being separately conducted, and
(d) a registered political party that has received notice under section 117 (1.2) is entitled to designate one individual to be present for each electronic vote-counting machine for which the count is being conducted.
(3) Individuals other than those permitted by subsections (1) and (2) and other than election officials taking part in the count may not be present during the initial count unless permitted by
(a) the chief electoral officer or an election official authorized by the chief electoral officer, or
(b) the district electoral officer or an election official authorized by the district electoral officer.
59 Section 120 is amended
(a) by adding the following subsection:
(0.1) This section applies if the chief electoral officer does not specify the use of vote-counting equipment under section 79.01. ,
(b) in subsection (1) (b) by striking out "voting officer" and substituting "election official",
(c) in subsection (1) by adding the following paragraph:
(b.1) if
(i) a ballot used by an individual for voting for an electoral district other than the electoral district in which the individual is voting is found in the ballot box and is not in a secrecy envelope and certification envelope, and
(ii) of the ballots in the ballot box, the ballot is the only ballot described by subparagraph (i),
the ballot is to be placed by the election official responsible in a secrecy envelope and certification envelope associated with the ballot, and the certification envelope is to be sealed, and the certification envelope is to be kept separate and unopened, for inclusion with the other election materials required by section 126; ,
(d) in subsection (1) (c) by striking out "voting officer" and substituting "election official" and by striking out "by section 126" and substituting "by the procedures established under section 126",
(e) in subsection (1) (d) by striking out "sections 122 to 124" and substituting "sections 122, 123 and 124", and
(f) in subsection (1) (f) by striking out "in accordance with section 126" and substituting "in accordance with the procedures established under section 126".
60 The following sections are added:
120.01 (1) This section applies if the chief electoral officer specifies the use of vote-counting equipment under section 79.01.
(2) During proceedings on the initial count under this section, ballot accounts must be prepared and completed in accordance with section 121.
(3) The election official responsible must use, in accordance with the procedures specified by the chief electoral officer under section 79.04 (4), the vote-counting equipment to produce a record in paper format of
(a) the number of votes accepted for each candidate, and
(b) the number of ballots rejected.
(4) Subject to subsection (7), the initial count of the votes on ballots in a ballot box must proceed in accordance with subsections (2) and (3) and with the regulations under subsection (5).
(5) The chief electoral officer must make regulations prescribing additional requirements respecting how the initial count of votes is to proceed that must include the following:
(a) the circumstances in which an election official may transcribe a voter's candidate choice, if the voter's intent is clear, onto an ordinary ballot if
(i) the ballot is rejected by the vote-counting equipment, or
(ii) the voter's mark on the ballot is not readable by the vote-counting equipment;
(b) the procedures that must be followed when transcribing a voter's candidate choice under paragraph (a).
(6) In making a regulation under subsection (5), the chief electoral officer may make different regulations for ballots used for voting at a voting opportunity and for ballots used for voting at an alternative voting option.
(7) If, in the opinion of the election official responsible, there are technical or similar problems with the vote-counting equipment, the district electoral officer may do the following:
(a) direct the election official responsible to conduct the initial count in accordance with the proceedings set out in section 120;
(b) specify a different place at which the initial count is to be conducted.
(8) If the district electoral officer specifies a place under subsection (7) (b), the district electoral officer must notify the affected candidates of the place at which the initial count is to be conducted.
120.02 (1) The chief electoral officer must make regulations establishing a quality assurance process to determine whether the vote-counting equipment processed ballots accurately in accordance with section 123.
(2) The chief electoral officer must notify candidates of
(a) the place where the process will be undertaken, and
(b) the time when the process will be undertaken, which may be a time after the initial count or the declaration of preliminary results but before the final count.
(3) The following are entitled to be present when the process is undertaken:
(a) candidates in the election;
(b) one candidate representative for each candidate in the election.
(4) If the results of the quality assurance process indicate that the vote-counting equipment did not process ballots accurately in accordance with section 123, the district electoral officer must consider whether to exercise the district electoral officer's discretion under section 136 (1) (a) to recount some or all of the ballots.
61 Section 121 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The election official responsible must prepare in duplicate a ballot account in the form specified by the chief electoral officer with the information specified by the chief electoral officer. ,
(b) by adding the following subsection:
(1.1) The chief electoral officer may specify that different information be included under subsection (1) for ballot accounts that account for ballots used in voting proceedings in which one or more types of voting administration tools were used. ,
(c) in subsection (2) by striking out "the counting under section 120 (1) (d) is complete, the voting officer" and substituting "the counting under section 120 (1) (d), 120.01 (4) or 122.02 (5), as applicable, is complete, the election official responsible",
(d) in subsection (3) by striking out "the voting officer" and substituting "the election official responsible",
(e) in subsection (4) by striking out "in accordance with section 126" and substituting "in accordance with the procedures established under section 126", and
(f) in subsection (5) by striking out "The voting officer" and substituting "The election official responsible".
62 Section 122 is amended
(a) by adding the following subsection:
(0.1) This section applies to ballots in a ballot box with which no vote-counting equipment was used. ,
(b) by repealing subsection (1) and substituting the following:
(1) Each ballot to be considered on the initial count must be dealt with as follows:
(a) the election official responsible must consider in accordance with section 123 whether the ballot is to be accepted as a vote or whether it is to be rejected;
(b) after making the consideration, the election official responsible must call out in a distinct voice, as applicable,
(i) the name of the candidate for whom the vote is recorded, if the ballot is accepted as a vote, or
(ii) that the ballot is rejected;
(c) the election official responsible must place the ballot in such a manner that any candidates and candidate representatives present are able to see how the ballot is marked. , and
(c) in subsection (2) by striking out "The voting officer" and substituting "The election official responsible".
63 The following sections are added:
122.01 (1) This section applies if the chief electoral officer specifies under section 115 (2) that ballots contained in certification envelopes are to be included in the initial count.
(2) A certification envelope must remain unopened and any ballot in it must not be considered on the initial count if one or more of the following applies:
(a) the envelope is not completed as required under this Act;
(b) the individual identified on the envelope as using the envelope to vote is not the individual to whom the envelope was issued;
(c) the individual identified on the envelope as using the envelope to vote is not entitled to vote in the election;
(d) the individual identified on the envelope as using the envelope to vote appears to be voting more than once in the election.
(3) If a certification envelope is to remain unopened under subsection (2), the election official responsible must mark this on the envelope, together with the applicable reason.
(4) A candidate, candidate representative or a person designated by a registered political party under section 119 (2) (d) may object in accordance with section 124 to a decision on whether or not a certification envelope is to remain unopened under subsection (2) of this section, and for this purpose, a reference in section 124 to a ballot is to be read as a reference to a certification envelope.
122.02 (1) This section applies if the chief electoral officer specifies under section 115 (2) that ballots contained in certification envelopes are to be included in the initial count.
(2) The certification envelopes other than those referred to in sections 120 (1) (c) and 122.01 must be opened one at a time and dealt with as follows:
(a) if a certification envelope contains more than one secrecy envelope and 2 or more of those secrecy envelopes contain a ballot,
(i) the secrecy envelopes must be marked as being required to remain unopened under this provision and must be placed inside the certification envelope, which must be resealed,
(ii) the certification envelope must be marked as having been dealt with under this provision, and
(iii) the certification envelope must not be reopened, and the secrecy envelopes must remain unopened and any ballots in them must not be considered on the initial count and on the final count;
(b) if a certification envelope contains more than one secrecy envelope and only one of those secrecy envelopes contains a ballot, the secrecy envelope with the ballot is to be removed from its certification envelope for opening under subsection (3);
(c) if a certification envelope contains a ballot but no secrecy envelope, the election official responsible must deposit the ballot in the ballot box to be used for the initial count, with care to conceal any marking on the ballot from other individuals present;
(d) if a secrecy envelope is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, the election official responsible must open the secrecy envelope, remove the ballot and deposit the ballot in the ballot box to be used for the initial count, with care to conceal any marking on the envelope and ballot from other individuals present;
(e) if not otherwise dealt with under this subsection, a secrecy envelope is to be removed from its certification envelope for opening under subsection (3).
(3) The remaining secrecy envelopes referred to in subsection (2) (e) are to be opened one at a time and dealt with as follows:
(a) if a secrecy envelope contains more than one ballot,
(i) in the case in which only one ballot is marked, the marked ballot must be placed in the ballot box to be used for the initial count, and
(ii) in the case in which more than one of the ballots are marked,
(A) the ballots must be resealed in the secrecy envelope,
(B) the secrecy envelope must be marked as having been dealt with under this provision, and
(C) the secrecy envelope must not be reopened and the ballots in it must not be considered on the initial count and on the final count;
(b) if a secrecy envelope contains only one ballot, the ballot must be deposited in the ballot box to be used for the initial count.
(4) After all ballots to be considered have been deposited in the ballot box, the contents of the ballot box must be mixed to ensure the secrecy of the ballot.
(5) After the ballot box has been prepared in accordance with subsections (2) and (3), the initial count of the ballots in the ballot box is to be completed
(a) in the case where no vote-counting equipment is used, by
(i) considering the ballots one at a time in accordance with sections 122, 123 and 124, and
(ii) completing the ballot account in accordance with section 121 (2), and
(b) in the case where vote-counting equipment is used, by
(i) transcribing a voter's candidate choice, if the voter's intent is clear, onto an ordinary ballot if the ballot is not readable by the vote-counting equipment,
(ii) using the vote-counting equipment to consider the ballot and record the vote, and
(iii) completing the ballot account in accordance with section 121 (2).
122.03 (1) The chief electoral officer may authorize procedures described in sections 122.01 and 122.02 (2) and (3) and in the regulations under section 120.01 (5) (b) to be undertaken before the times set out in section 116.
(2) If the chief electoral officer provides an authorization under subsection (1), the chief electoral officer must notify candidates and registered political parties of the date and time when, and the place where, the proceedings will be undertaken.
64 Section 123 is amended
(a) in subsection (1) (c) by striking out "the ballot is uniquely" and substituting "in the case where vote-counting equipment is not used, the ballot is uniquely", and
(b) by repealing subsection (2) and substituting the following:
(2) Unless rejected under subsection (1), either of the following on an ordinary ballot is to be accepted and counted as a vote for the applicable candidate:
(a) a filling in of the blank space provided on the ballot opposite the name of the candidate;
(b) a mark that clearly indicates the intention of the voter to vote for the candidate.
65 Section 124 is amended
(a) by adding the following subsection:
(0.1) This section does not apply if the chief electoral officer has specified the use of vote-counting equipment under section 79.01. ,
(b) by striking out "the voting officer" wherever it appears and substituting "the election official responsible", and
(c) in subsection (4) (a) by striking out "on the form established by the chief electoral officer" and substituting "on the form specified by the chief electoral officer".
66 Sections 125 and 126 are repealed and the following substituted:
125 (1) The chief electoral officer must establish procedures for reporting preliminary election results that must include the following:
(a) who must make the reports;
(b) to whom the reports must be made.
(2) The chief electoral officer may make public preliminary results for the election.
126 (1) The chief electoral officer must establish procedures for the packaging and delivery of any election materials and, if used, voting administration tools to the district electoral officer.
(2) After the ballot account is completed, the election official responsible must package and deliver election materials and voting administration tools, if any, to the district electoral officer in accordance with the procedures established under subsection (1).
67 Section 128 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The final count must take place on a date specified by the chief electoral officer, which date must not be before the 4th day after final voting day. , and
(b) in subsection (3) by striking out "the certification envelope preparations referred to in section 131" and substituting "the sorting of certification envelopes referred to in section 131".
68 Section 129 (1) is amended by striking out "the preparations under section 131" and substituting "the sorting of certification envelopes under section 131".
69 Section 131 is repealed and the following substituted:
131 The certification envelopes to be considered at the final count must be sorted into classes as specified by the chief electoral officer.
70 Section 132 is amended
(a) in subsection (1) (a) by striking out "section 131 (2)" and substituting "section 131",
(b) in subsection (1) (d) by striking out "section 133 (2)" and substituting "section 133",
(c) by adding the following subsection:
(1.1) If the chief electoral officer specifies under section 79.01 that vote-counting equipment will be used during the final count, the chief electoral officer must make regulations prescribing additional requirements respecting how the final count of votes is to proceed, including the procedures that must be followed by an election official when transcribing a voter's candidate choice onto an ordinary ballot if
(a) the ballot is not readable by the vote-counting equipment, and
(b) the voter's intent is clear. ,
(d) by repealing subsection (2) and substituting the following:
(2) The district electoral officer may authorize certification envelopes of one class to be combined with certification envelopes of another class if the district electoral officer considers that this is necessary to maintain the secrecy of the ballot. , and
(e) by repealing subsection (3) and substituting the following:
(3) If certification envelopes are combined under subsection (2), the district electoral officer must prepare a ballot account for the combined certification envelopes in accordance with section 133 (1).
71 Section 133 is amended by repealing subsection (1) and substituting the following:
(1) The district electoral officer must prepare in duplicate a ballot account in the form specified by the chief electoral officer with the information specified by the chief electoral officer.
72 Section 135 is amended
(a) in subsection (1) (a) by striking out "one secrecy envelope" and substituting "one secrecy envelope and 2 or more of those secrecy envelopes contain a ballot",
(b) in subsection (1) by adding the following paragraph:
(a.1) if a certification envelope contains more than one secrecy envelope and only one of those secrecy envelopes contains a ballot, the secrecy envelope with the ballot is to be removed from its certification envelope for opening under subsection (2); ,
(c) by repealing subsection (2) (a) and substituting the following:
(a) if a secrecy envelope contains more than one ballot,
(i) in the case in which only one ballot is marked, the marked ballot must be placed in the ballot box to be used for the final count, and
(ii) in the case in which more than one of the ballots are marked,
(A) the ballots must be resealed in the secrecy envelope,
(B) the secrecy envelope must be marked as having been dealt with under this provision, and
(C) the secrecy envelope must not be reopened and the ballots in it must not be considered on the final count; , and
(d) by repealing subsection (3) and substituting the following:
(3) After the ballot box has been prepared in accordance with subsections (1) and (2), the final count of the ballots in the ballot box is to be completed
(a) in the case where no vote-counting equipment is used, by
(i) considering the ballots one at a time in accordance with sections 122, 123 and 124, and
(ii) completing the ballot account in accordance with section 133 (2), and
(b) in the case where vote-counting equipment is used, by
(i) counting the votes using the vote-counting equipment in accordance with the regulations under section 132 (1.1), and
(ii) completing the ballot account in accordance with section 133 (2).
73 Section 136 is amended
(a) by adding the following subsection:
(0.1) The chief electoral officer must make regulations respecting the conduct of recounts by the district electoral officer under this section. ,
(b) in subsection (1) (b) by striking out "general voting day" and substituting "final voting day",
(c) in subsection (1) by striking out "some or all, as requested, of the ballots" and substituting "some or all of the ballots", and
(d) in subsection (2) by striking out "sections 122 to 124" and substituting "the regulations under subsection (0.1)".
74 Section 137 is amended
(a) in subsection (1) by striking out "must declare the official election results as follows" and substituting "must report the following to the chief electoral officer",
(b) by adding the following subsection:
(1.1) Based on the reports under subsection (1), the chief electoral officer must declare the official election results. , and
(c) in subsection (2) by striking out "subsection (1)" and substituting "subsection (1.1)".
75 Section 138 is amended
(a) by adding the following subsection:
(0.1) The chief electoral officer must establish procedures for the packaging of ballots, unopened or resealed certification envelopes and secrecy envelopes and all other election materials. ,
(b) by repealing subsection (1) and substituting the following:
(1) After the final count, the district electoral officer must package election materials in accordance with the procedures established under subsection (0.1). , and
(c) by repealing subsection (3) and substituting the following:
(3) At the end of the time referred to in subsection (2), the district electoral officer must
(a) deliver the election materials to the chief electoral officer in accordance with the directions of the chief electoral officer, and
(b) if any voting administration tools are used, deal with the voting administration tools in accordance with the directions of the chief electoral officer.
76 Section 139 (2) is amended by adding the following paragraph:
(e) that the results of the quality assurance process, established by regulations under section 120.02, indicate that the vote-counting equipment did not process ballots accurately in accordance with section 123.
77 Section 140 (2) is repealed and the following substituted:
(2) The date set under subsection (1) for the judicial recount must be
(a) no earlier than the date that is 7 days after the declaration of the official election results under section 137, and
(b) no later than the date that is 15 days after the declaration of the official election results under section 137.
78 Section 142 (5) is amended
(a) by repealing paragraph (a) and substituting the following:
(a) consider the ballots
(i) at the discretion of the court, in accordance with the procedures for counting votes with vote-counting equipment or in accordance with the procedures for counting votes without vote-counting equipment, and
(ii) in accordance with section 123, , and
(b) by adding the following paragraph:
(a.1) consider the envelopes in accordance with sections 134 and 135, .
79 Section 156 is amended
(a) by repealing subsection (3), and
(b) by adding the following subsection:
(3.1) Despite subsection (2), the chief electoral officer may register a political party in a circumstance where any of the forms of identification referred to in section 155 (3) (c) are the same or similar to such forms of identification for another political party if both of the following apply:
(a) the other political party has been deregistered for at least the previous 4 years;
(b) the name of the other political party has not appeared on a ballot paper at any time in the past 10 years.
80 Section 175 is amended
(a) in subsection (1) by adding the following paragraph:
(e) a nomination contestant. ,
(b) by repealing subsection (2) (b) and substituting the following:
(b) a candidate, leadership contestant or nomination contestant may appoint an individual as a financial agent in accordance with section 176, but if no financial agent is appointed, the candidate, leadership contestant or nomination contestant is that person's own financial agent. ,
(c) in subsection (4) by striking out "financial agent for a registered political party" and substituting "financial agent of a registered political party", and
(d) by repealing subsection (5).
81 Section 176 is amended
(a) in subsection (1) by adding the following paragraphs:
(e) an individual who, at any time within the previous 7 years, failed to file a report that was required to be filed under this Act or the Recall and Initiative Act in the individual's capacity as a financial agent;
(f) an individual who, at any time within the previous 7 years, failed to file a report that was required to be filed under this Act or the Recall and Initiative Act. ,
(b) in subsection (4) by striking out "candidate or leadership contestant" and substituting "candidate, leadership contestant or nomination contestant" and by striking out "as his or her own financial agent" and substituting "as the individual's own financial agent" , and
(c) in subsection (5) by striking out "financial agent for more than" and substituting "financial agent of more than".
82 Section 180 (6) is amended
(a) in paragraph (a) by striking out "or" at the end of subparagraph (ii), by adding ", or" at the end of subparagraph (iii) and by adding the following subparagraph:
(iv) a nomination contestant, in relation to that individual seeking nomination as a candidate representing that party; ,
(b) by adding the following paragraph:
(c.2) a transfer of money or other property from, or the provision of services by, a nomination contestant to
(i) the registered political party for which the nomination is sought,
(ii) a candidate representing the registered political party, or
(iii) the registered constituency association; ,
(c) in paragraph (d) by striking out "section 205 (2) (a)" and substituting "section 210.01 (2) (a)", and
(d) by adding the following paragraph:
(d.1) the transfer of a surplus under section 211.02 (a) or (b); .
83 Section 184 is amended by adding the following subsection:
(2.1) For certainty, a contestant expense includes such an expense incurred by an individual who becomes a leadership contestant or nomination contestant before that individual in fact became a contestant.
84 Section 185.01 (2) is amended by striking out "a leadership contestant for a major political party or a constituency association" and substituting "a leadership contestant for a major political party, a nomination contestant for a major political party or a constituency association".
85 Section 185.02 is amended
(a) in subsection (1) by striking out "leadership contestant or constituency association" and substituting "leadership contestant, nomination contestant or constituency association",
(b) in subsection (1) (e) by striking out "leadership contestant or constituency association" and substituting "leadership contestant, nomination contestant or constituency association",
(c) by adding the following subsection:
(1.1) No later than 30 days after the date of the specified fundraising function, the individual or organization who held the fundraising function must provide the following information to the financial agent of the political party, candidate, leadership contestant, nomination contestant or constituency association on whose behalf the specified fundraising function was held:
(a) the name of every member of the Executive Council, parliamentary secretary or leader of the political party who attended the specified fundraising function;
(b) the number of charges per individual received for the specified fundraising function;
(c) the amount of political contributions raised at the specified fundraising function. ,
(d) by repealing subsection (2) and substituting the following:
(2) No later than 60 days after the date of the specified fundraising function, the financial agent of the political party, candidate, leadership contestant, nomination contestant or constituency association on whose behalf the specified fundraising function was held must provide to the chief electoral officer the information set out in subsection (1.1) (a) to (c). ,
(e) in subsection (3) by striking out "under subsections (1) and (2)" and substituting "under subsection (1)",
(f) by adding the following subsection:
(3.1) The individual or organization that provides the information to a financial agent under subsection (1.1) must, if the individual or organization becomes aware that the information has changed or is not accurate, provide to the financial agent updated information as soon as possible, and the financial agent must provide the updated information to the chief electoral officer within 30 days of receiving the information from the individual or organization. , and
(g) in subsection (4) (a) by striking out "under subsections (1), (2) and (3)" and substituting "under subsections (1), (2), (3) and (3.1)".
86 Section 186.01 is amended
(a) in subsection (1) by striking out "under subsection (2) or (3)" and substituting "under subsection (2), (3) or (5)", and
(b) by adding the following subsection:
(5) In relation to a political party that is not registered,
(a) for 2020, the applicable amount to any one political party that is not registered, the candidates of that political party, the constituency associations of that political party and the nomination contestants of that political party is the amount established under subsection (2) (a) and adjusted under subsection (3), and
(b) for 2021 and each following year, the chief electoral officer must establish the applicable amount for the year as soon as possible after each January 1 of that year by
(i) determining the ratio between the consumer price index at January 1, 2018 and the consumer price index at January 1 of the year to which the limit applies, and
(ii) applying the ratio to adjust the amount that is to apply for that year.
87 Section 186.02 is amended
(a) in subsection (1) by adding the following paragraphs:
(c) the amount of any money provided by an individual, who is, intends to become or was a candidate, for personal election expenses of the individual;
(d) the amount of any money provided by an individual, who is, intends to become or was a leadership contestant or nomination contestant, for personal contestant expenses of the individual. , and
(b) in subsection (3) by striking out "subsection (1)" and substituting "subsection (1) (a) and (b)".
88 Section 189 is amended
(a) in subsection (3) by striking out "A financial agent must use his or her best efforts" and substituting "A financial agent must use best efforts", and
(b) in subsection (5) by striking out "a financial agent for a candidate or leadership contestant" and substituting "a financial agent of a candidate, leadership contestant or nomination contestant".
89 Section 190 (1) is amended by adding the following paragraphs:
(j) in the case of a contribution referred to in section 186.02 (1) (c), the amount used to pay for personal election expenses;
(k) in the case of a contribution referred to in section 186.02 (1) (d), the amount used to pay for personal contestant expenses.
90 Section 191 is amended
(a) by striking out "a candidate or registered constituency association of the political party" and substituting "a candidate, nomination contestant or registered constituency association of the political party", and
(b) by adding the following paragraph:
(a.1) in the case of a nomination contestant for the political party, the financial agent of the nomination contestant must provide the information within 60 days after the nomination contest has concluded; .
91 Section 193 is amended
(a) in subsections (1) and (2) by striking out "an election expense or a leadership contestant expense" and substituting "an election expense or a contestant expense",
(b) by repealing subsection (3) and substituting the following:
(3) A candidate must not incur an election expense except through the candidate's financial agent or an individual authorized in writing by the financial agent. ,
(c) by adding the following subsections:
(3.1) A leadership contestant must not incur a contestant expense except through the leadership contestant's financial agent or an individual authorized in writing by the financial agent.
(3.2) A nomination contestant must not incur a contestant expense except through the nomination contestant's financial agent or an individual authorized in writing by the financial agent. ,
(d) in subsection (4) by striking out "an election expense or a leadership contestant expense" and substituting "an election expense or a contestant expense", and
(e) by adding the following subsection:
(7) If a registered political party incurs a contestant expense on behalf of a nomination contestant,
(a) the financial agent of the registered political party must deliver, within 60 days after the nomination contest has concluded, to the financial agent of the nomination contestant a report of that contestant expense, and
(b) the contestant expense must be included in the contestant expenses of the nomination contestant.
92 Section 198 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (4), the total value of election expenses incurred by a registered political party
(a) during the campaign period for a general election that is conducted in accordance with section 23 (2) or (3) of the Constitution Act must not exceed the amount calculated by multiplying
(i) $1.16, and
(ii) the total number of registered voters on the Provincial List of Voters, maintained under section 45, on the day the election is called, and
(b) during the campaign period for a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act and that is longer than 28 days must not exceed the amount determined under paragraph (a) plus the additional amount determined in accordance with subsection (1.01). , and
(b) by adding the following subsection:
(1.01) The additional amount for the purposes of subsection (1) (b) of this section is determined in accordance with the following formula:
|
||||||||
| additional amount = | ||||||||
| 2 |
| where | ||
| A | = | the amount determined under subsection (1) (a) of this section; |
| AD | = | the number of additional days the campaign period extends beyond 28 days. |
93 Section 199 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (3), the total value of election expenses incurred by a candidate
(a) during the campaign period for a general election that is conducted in accordance with section 23 (2) or (3) of the Constitution Act must not exceed $58 000, and
(b) during the campaign period for a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act and that is longer than 28 days must not exceed the amount determined under paragraph (a) plus the additional amount determined in accordance with subsection (1.1). ,
(b) by adding the following subsections:
(1.1) The additional amount for the purposes of subsection (1) (b) of this section is determined in accordance with the following formula:
|
||||||||
| additional amount = | ||||||||
| 2 |
| where | ||
| A | = | the amount determined under subsection (1) (a) of this section; |
| AD | = | the number of additional days the campaign period extends beyond 28 days. |
(1.2) In respect of a by-election, the total value of election expenses incurred by a candidate during the campaign period must not exceed $58 000.
94 Section 204 is amended
(a) in subsection (2) (b) by striking out "sections 198 (1) and 199 (1)" and substituting "sections 198 (1), 198 (1.01), 198 (4), 199 (1), 199 (1.1) and 199 (3)", and
(b) in subsection (2.1) (b) by striking out "199 (1) and (3)" and substituting "199 (1.2) and (3)".
95 Section 205 is repealed.
96 Sections 207 (3) and 207.01 (2) are amended by striking out "in the form prescribed by regulation" and substituting "in the form specified by the chief electoral officer".
97 Section 208 is amended
(a) in subsection (1) by striking out "as his or her own financial agent" and substituting "as the candidate's own financial agent",
(b) in subsection (2) by striking out "as his or her own financial agent," and substituting "as the leadership contestant's own financial agent" and by striking out "of his or her personal contestant expenses" and substituting "of the leadership contestant's personal contestant expenses",
(c) by adding the following subsection:
(2.1) A nomination contestant who is not acting as the nomination contestant's own financial agent must, within 60 days after the nomination contest has concluded, provide to the financial agent a report of the nomination contestant's personal contestant expenses. , and
(d) in subsection (3) by striking out "in the form prescribed by regulation" and substituting "in the form specified by the chief electoral officer".
98 Section 209 is amended
(a) in subsection (2) by striking out "in the form prescribed by regulation" and substituting "in the form specified by the chief electoral officer",
(b) by repealing subsection (2) (f) and (g),
(c) in subsection (2) (j) by striking out "in section 205" and substituting "in section 210.01",
(d) in subsection (3) by striking out "and contestant expenses",
(e) in subsection (4) by striking out "financial agent for a candidate" and substituting "financial agent of a candidate", and
(f) in subsection (5.1) by striking out "financial agent for the candidate" and substituting "financial agent of the candidate".
99 Section 210 is amended
(a) in subsection (2) by striking out "in the form prescribed by regulation" and substituting "in the form specified by the chief electoral officer", and
(b) in subsection (5) by striking out "financial agent for the political party" and substituting "financial agent of the political party".
100 The following section is added:
210.01 (1) If, after the payment of a candidate's election expenses and any other reasonable expenses incidental to the candidacy, there is a balance remaining in an account referred to in section 177 (2) (b) for the candidate, the financial agent of the candidate must as soon as possible pay the balance as follows:
(a) in the case of a candidate that represented a registered political party, the surplus must be paid
(i) to the registered constituency association for the registered political party in the electoral district, if there is one,
(ii) to the registered political party if there is no registered constituency association, or
(iii) to the chief electoral officer if the political party is no longer registered;
(b) in the case of a candidate elected as an independent member of the Legislative Assembly, the surplus must be paid
(i) to the registered constituency association for the independent member, if there is one, or
(ii) to the chief electoral officer if there is no registered constituency association;
(c) in the case of a candidate not referred to in paragraph (a) or (b), the surplus must be paid to the chief electoral officer.
(2) Funds received by the chief electoral officer under subsection (1), including accumulated interest, must be held in trust by the chief electoral officer to be dealt with as follows:
(a) if the candidate in respect of whom the funds were paid is a candidate within the meaning of section 63 for any electoral district in the next general election or in a by-election called before that time, the chief electoral officer must pay the funds to the financial agent of the candidate for use in the election;
(b) if the funds are not paid out under paragraph (a), the chief electoral officer must pay the funds to the consolidated revenue fund.
101 Section 211 is amended
(a) in subsection (2) by striking out "in the form prescribed by regulation" and substituting "in the form specified by the chief electoral officer", and
(b) by repealing subsection (6) and substituting the following:
(6) The financial agent of a leadership contestant who is acclaimed
(a) is not required to file a report under this section if all the following apply:
(i) no contestant expenses were incurred by or on behalf of the leadership contestant;
(ii) no political contributions were received or accepted by the leadership contestant in relation to that individual's seeking of the leadership;
(iii) no loans or guarantees were received by the leadership contestant for contestant expenses;
(iv) no fundraising functions were held by or on behalf of the leadership contestant;
(v) no transfers of money or other property were made or received by, or services provided by or to, the leadership contestant under section 180 (6), and
(b) must file a signed statement with the chief electoral officer within 90 days of the acclamation that all of the circumstances in paragraph (a) of this subsection apply.
102 The following sections are added:
211.01 (1) Subject to subsection (6), within 90 days after the end of a nomination contest, the financial agent of a nomination contestant must file with the chief electoral officer, on behalf of the nomination contestant, a nomination contestant financing report in accordance with this section.
(2) The nomination contestant financing report must be in the form specified by the chief electoral officer and must include the following information:
(a) the contestant expenses incurred by or on behalf of the nomination contestant;
(b) if the nomination contestant incurred contestant expenses, or contestant expenses were incurred on behalf of the nomination contestant, during the campaign period, those contestant expenses shown separately from the expenses described in paragraph (a);
(c) any loans or guarantees received by the nomination contestant for contestant expenses and any conditions attached to them, including
(i) the date the loan is due, and
(ii) for permissible loans, the information recorded under section 190 (4) and (4.1);
(d) the political contributions accepted by the nomination contestant in relation to that individual seeking the nomination as a candidate representing a registered political party;
(e) for fundraising functions held by or on behalf of the nomination contestant, the information recorded under section 190 (5) and, if applicable, under section 190 (6);
(f) any transfers of money or other property made or received by, or provision of services by or to, a nomination contestant under section 180 (6);
(g) any political contributions received by the nomination contestant but returned or otherwise dealt with in accordance with section 189;
(h) any other information required to be included by regulation.
(3) If applicable, contestant expenses must be reported by class as prescribed by regulation.
(4) For certainty, a report under this section is required even if the nomination contestant withdraws from the nomination contest, is acclaimed as a candidate or is appointed by the registered political party to represent the party as a candidate.
(5) A nomination contestant who is acclaimed or appointed
(a) is not required to file a report under this section if all the following apply:
(i) no nomination contestant expenses were incurred by or on behalf of the nomination contestant;
(ii) no political contributions were received or accepted by the nomination contestant in relation to that individual's seeking of the nomination;
(iii) no loans or guarantees were received by the nomination contestant for nomination contestant expenses;
(iv) no fundraising functions were held by or on behalf of the nomination contestant;
(v) no transfers of money or other property were made or received by, or services provided by or to, the nomination contestant under section 180 (6), and
(b) must file a signed statement with the chief electoral officer within 90 days of acclamation or appointment, as applicable, that all of the circumstances in paragraph (a) of this subsection apply.
(6) The financial agent of a nomination contestant may file with the chief electoral officer a nomination contestant financing report within 90 days after general voting day if the nomination contest ends
(a) within 30 days before the campaign period begins, or
(b) during the campaign period.
211.02 If, after the payment of a nomination contestant's contestant expenses and any other reasonable expenses incidental to the nomination contest, there are funds remaining for the nomination contestant, the financial agent of the nomination contestant must as soon as possible deal with the surplus as follows:
(a) in the case of a nomination contestant who is successful in seeking the nomination as a candidate representing a registered political party, the surplus must be paid to
(i) the nomination contestant as the candidate who is nominated to represent the registered political party,
(ii) the registered political party that the nomination contestant is representing as a candidate, or
(iii) the registered constituency association for the candidate;
(b) in the case of a nomination contestant who is not successful in seeking the nomination as a candidate representing a registered political party, the surplus must be paid to
(i) the registered political party,
(ii) a candidate representing that registered political party, or
(iii) the registered constituency association.
103 Section 212 (2) is repealed and the following substituted:
(2) A supplementary report under this section must be in the form specified by the chief electoral officer.
104 Section 213 is amended
(a) in subsection (2) by striking out "under section 207.01 or a supplementary report" and substituting "under section 207.01, a financing report under section 211.01 or a supplementary report", and
(b) in subsection (4) by striking out "candidates and leadership contestants" and substituting "candidates, leadership contestants and nomination contestants".
105 Section 215 is repealed.
106 Section 215.04 is amended
(a) in subsection (4) (a) by striking out "financial agent for the candidate" and substituting "financial agent of the candidate", and
(b) in subsection (5) (a) by striking out "financial agent for the political party" and substituting "financial agent of the political party".
107 Section 215.05 (2) is amended by striking out "under section 205" and substituting "under section 210.01".
108 Section 216 is amended
(a) in subsection (1) by repealing "Subject to subsection (1.1), the chief electoral officer" and substituting "The chief electoral officer" and by striking out "in the Gazette",
(b) in subsection (1) (a) and (b) by striking out "candidate or leadership contestant for" and substituting "candidate, leadership contestant or nomination contestant for",
(c) in subsection (1) (d) by striking out "candidate or leadership contestant in" and substituting "candidate, leadership contestant or nomination contestant in", and
(d) in subsection (1.1) by striking out "in relation to the late filing of a disclosure report by doing the following" and substituting "by doing one or both of the following".
109 Section 220 is amended
(a) in subsection (4) by striking out "leadership contestant or constituency association" and substituting "leadership contestant, nomination contestant or constituency association",
(b) in subsection (5) (a) by striking out "before June 30" and substituting "on or before June 30", and
(c) in subsection (5) (b) by striking out "for a leadership contestant" and substituting "for a leadership contestant or nomination contestant".
110 Section 220.02 (1) and (2) is amended by striking out "leadership contestant or registered constituency association" and substituting "leadership contestant, nomination contestant or registered constituency association".
111 Section 220.03 is repealed and the following substituted:
220.03 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 185.02 (1), (1.1), (2), (3) or (3.1) by a person, the chief electoral officer must notify the person of the non-compliance and the related penalty.
(2) Unless relief is granted by a court on an application under section 220.09, if the chief electoral officer gives notice under subsection (1) of this section, the person must pay to the chief electoral officer a penalty in the amount of up to $10 000, as determined by the chief electoral officer.
112 The following section is added:
220.081 (1) Within 7 days of the chief electoral officer making a determination of non-compliance with section 212 by a person, the chief electoral officer must notify the person of the non-compliance and the related penalty.
(2) Unless relief is granted by a court on an application under section 220.09 or 225, if the chief electoral officer gives notice under subsection (1) of this section, the person must pay to the chief electoral officer a penalty in the amount of up to $10 000, as determined by the chief electoral officer.
113 Section 220.09 (1) is amended by striking out "under sections 220.01 to 220.08" and substituting "under sections 220.01 to 220.081".
114 The following section is added:
220.11 (1) Unless relief is granted by a court on an application under section 225 commenced before the end of the late filing period under section 220 (5), a nomination contestant for whom the nomination contestant financing report under section 211.01 is not filed with the chief electoral officer before the end of that period is subject to the following penalties:
(a) in the case of a nomination contestant who is a member of the Legislative Assembly, at the applicable time under subsection (4) of this section the member ceases to hold office and the seat of the member becomes vacant;
(b) in all cases, unless the individual complies with subsection (2) of this section, from the applicable time under subsection (4) of this section the individual is disqualified from being nominated, being elected or holding office as a member of the Legislative Assembly until after the next general election after the applicable time under subsection (4).
(2) An individual referred to in subsection (1) (b) is not disqualified under that subsection if, before the individual is nominated, the outstanding nomination contestant financing report is filed with the chief electoral officer and a late filing penalty of up to $10 000 is paid to the chief electoral officer.
(3) The chief electoral officer must present a report to the Speaker respecting a member of the Legislative Assembly who may be subject to the penalty under subsection (1) (a) as soon as possible after the end of the late filing period referred to in subsection (1).
(4) The time at which a nomination contestant becomes subject to the penalty under subsection (1) of this section is as follows:
(a) if no application under section 225 is commenced in respect of the nomination contestant before the end of the late filing period under section 220 (5), at the end of that period;
(b) if, on the final determination of an application under section 225 commenced before the end of the late filing period under section 220 (5) the court refuses to grant relief from the penalty, at the time of that determination.
115 Section 225 is amended
(a) in subsection (1) by striking out "candidate or leadership contestant" and substituting "candidate, nomination contestant or leadership contestant", and
(b) in subsection (2) by striking out "candidates or leadership contestants" and substituting "candidates, nomination contestants or leadership contestants".
116 The following section is added to Part 10.1:
228.01 (1) In this section:
"authorized canvasser" means an individual authorized in writing by a candidate to canvass voters and distribute candidate information on the candidate's behalf;
"candidate information" means printed information about
(a) a candidate, and
(b) if applicable, the registered political party represented by the candidate.
(2) The following individuals and organizations must not unreasonably restrict access to residential property by a candidate or an authorized canvasser for the purposes of canvassing voters and distributing candidate information:
(a) a housing cooperative or individual acting on behalf of a housing cooperative;
(b) a landlord or individual acting on behalf of a landlord;
(c) a strata corporation or individual acting on behalf of a strata corporation.
(3) While canvassing voters or distributing candidate information at a residential property, access to which is controlled by any of the individuals or organizations referred to in subsection (2), a candidate or authorized canvasser must produce government-issued photo identification and either proof of candidacy or a candidate's written authorization to canvass voters and distribute candidate information, as applicable, at the request of any of the following individuals:
(a) a resident of the property;
(b) an individual referred to in subsection (2) (a), (b) or (c).
(4) Subsection (2) applies from 9 a.m. to 9 p.m. during the campaign period.
117 Section 228.1 is amended
(a) in subsection (2) by striking out "or any agent of a strata corporation" and substituting "or a person acting on behalf of a strata corporation" and by striking out "his or her unit" and substituting "the owner's or tenant's unit", and
(b) in subsection (3) by striking out "a landlord, a person, a strata corporation or an agent referred to in that subsection" and substituting "a landlord, a strata corporation or a person acting on behalf of a landlord or strata corporation".
118 Section 235.1 is amended
(a) in subsection (1) by striking out everything before paragraph (a) and substituting "An individual or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or indirectly, campaign period election advertising during the campaign period for a general election that is conducted in accordance with section 23 (2) or (3) of the Constitution Act", and
(b) by adding the following subsections:
(1.1) An individual or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or indirectly, campaign period election advertising during a campaign period for a general election that is not conducted in accordance with section 23 (2) or (3) of the Constitution Act and that is longer than 28 days such that the total value of that campaign period election advertising is higher than the amounts set out in subsection (1) plus the additional amount determined in accordance with subsection (1.2).
(1.2) The additional amount for the purposes of subsection (1.1) of this section is determined in accordance with the following formula:
|
||||||||
| additional amount = | ||||||||
| 2 |
| where | ||
| A | = | the applicable total value set out in subsection (1) of this section; |
| AD | = | the number of additional days the campaign period extends beyond 28 days. |
119 Section 243.01 is amended
(a) by adding the following subsection:
(3.1) A third party sponsor need not include in an initial disclosure report information about a contribution that was previously included in an election advertising disclosure report under section 244. , and
(b) by repealing subsection (5) (a) and substituting the following:
(a) the full name of each contributor who made one or more sponsorship contributions that bring the total value of contributions made by the contributor to more than $250, or a higher amount established by regulation, in combination with contributions
(i) that were made since the last general election, and
(ii) that have not been reported in an election advertising disclosure report or in an initial disclosure report; .
120 Section 245 (1) is amended by striking out "in the form prescribed by regulation" and substituting "in the form specified by the chief electoral officer".
121 Section 245.01 (1) is amended by striking out "a total value greater than" and substituting "a total value equal to or greater than".
122 Section 250 is amended
(a) by renumbering the section as section 250 (1), and
(b) by adding the following subsection:
(2) The information available for public inspection under subsection (1) must not include the address of a contributor.
123 The following section is added to Division 4 of Part 11:
250.001 (1) The chief electoral officer must have notice of the following published:
(a) the name of any third party sponsor that exceeded the advertising limits in section 235.1;
(b) the name of any third party sponsor for whom a report required under this Act is not filed within the applicable time limit established under this Division or by court order under section 248;
(c) the name of any third party sponsor for whom a report required under this Act is not filed before the end of the applicable late filing period under section 246;
(d) the name of any third party sponsor in relation to whom there was a conviction under section 266 in relation to a report under this Act.
(2) The chief electoral officer may publish a notice under subsection (1) by doing one or both of the following:
(a) having the notice published in the Gazette;
(b) publishing the notice on an Elections BC authorized internet site.
(3) Publication under subsection (1) must take place as soon as possible after the chief electoral officer becomes aware of the applicable circumstances referred to in that subsection.
124 Section 252 (2) is amended by striking out "one year" and substituting "2 years".
125 Section 257 (1) (c) is repealed and the following substituted:
(c) contravenes section 105 (2) by applying for more than one mail-in voting package; .
126 Section 261 (1) is amended by adding the following paragraph:
(e) without authority destroys, removes, damages or interferes with a voting administration tool within the meaning of section 79.01 (1).
127 Section 263 (1) (i) is amended by striking out "section 205 (1)" and substituting "section 210.01 (1)".
128 Section 270.01 is amended by adding the following subsection:
(1.1) The chief electoral officer must publish the adjusted amounts established under sections 204 and 235.1 (3) as soon as practicable after an election is called.
129 Section 273 (2) is amended by striking out "all voting officers" and substituting "all supervising election officials designated or assigned under section 88".
130 Section 274 is repealed and the following substituted:
274 (1) The following is proof for the purposes of this Act that an individual has voted:
(a) the written declaration of an individual that the individual is entitled to vote under sections 96 (2) (d) (i), 98 (3) (a) (i) and 104 (3) (a) (i);
(b) the record of an election official that the individual made an oral declaration that the individual is entitled to vote under sections 96 (2) (d) (ii), 98 (3) (a) (ii) and 104 (3) (a) (ii).
(2) As an exception to subsection (1), for voting under section 106 the record of receipt in the voting book under section 107 (1) (a) is proof for the purposes of this Act that the individual to whom the mail-in voting package was provided has voted.
131 Section 275 is amended
(a) in subsection (3.2) by striking out "sections 51 (2) (b) and (c), 96 (5) and 97 (7)" and substituting "sections 51 (2) (b) and 51.01", and
(b) in subsection (4.1) by repealing paragraph (b) and substituting the following:
(b) in the case of a candidate, candidate representative or registered political party that wishes to obtain information under section 51.01, the candidate, the official agent of the candidate or the registered political party on whose behalf the information is requested must file with the chief electoral officer a privacy policy acceptable to the chief electoral officer, and .
132 The following sections are added:
276.01 (1) In this section, "advertiser" means the following:
(a) an individual or organization that has, during the past 5 years, transmitted an election advertising message to the public by any means;
(b) an individual or organization that has, during the past 5 years, arranged for another individual or organization to transmit an election advertising message to the public by any means;
(c) an individual or organization in a class of individuals or organizations prescribed by regulation.
(2) The chief electoral officer may give a written notice to an advertiser to produce information described in subsection (3), as specified in the notice, if both of the following apply:
(a) the chief electoral officer has reason to believe that section 229, 230, 231, 231.01, 233, 235.1 or 239 has been contravened;
(b) the information is reasonably required by the chief electoral officer to carry out the chief electoral officer's duties under section 12 (1) (d).
(3) A notice under subsection (2) may require that the advertiser provide to the chief electoral officer the following information in relation to an election advertising message that has been transmitted to the public:
(a) if known by the advertiser, the name of the individual or organization that sponsored the election advertising message;
(b) the name of the individual or organization with which the advertiser agreed to
(i) transmit the election advertising message, or
(ii) arrange for another individual or organization to transmit the election advertising message;
(c) the date the election advertising was ordered or requested;
(d) if there were payments under the agreement referred to in paragraph (b), the amounts and dates of the payments;
(e) the dates on which the election advertising message was transmitted;
(f) the actual or intended geographic distribution or geographic availability of the advertising message;
(g) any other information prescribed by regulation.
(4) Subject to subsection (5), an advertiser who has custody or control of information requested by a notice under this section must disclose the information to the chief electoral officer
(a) within 24 hours after receiving the notice if the notice is given during a campaign period, and
(b) within 7 days after receiving the notice if the notice is given outside of a campaign period.
(5) The chief electoral officer may extend the time period in subsection (4) if an advertiser who receives a notice under this section makes a written request
(a) within 24 hours after receiving the notice if the notice is given during a campaign period, and
(b) within 7 days after receiving the notice if the notice is given outside of a campaign period.
(6) Within 7 days of the chief electoral officer making a determination of non-compliance with this section by an advertiser, the chief electoral officer must notify the advertiser of the non-compliance and related penalty.
(7) Unless relief is granted by a court on an application under subsection (8), if the chief electoral officer gives notice under subsection (6), the advertiser must pay to the chief electoral officer a penalty in the amount of up to $20 000, as determined by the chief electoral officer.
(8) An advertiser who is subject to a monetary penalty under this section may apply to the Supreme Court in accordance with this section for relief from the monetary penalty for non-compliance.
(9) An application under subsection (8) may only be made within 30 days after the chief electoral officer notifies the advertiser, under subsection (6), of the non-compliance and related penalty.
(10) The petition commencing an application must be served on the chief electoral officer within 7 days after the petition is filed, and the chief electoral officer is a party to the application.
(11) On the hearing of an application, the court may do the following:
(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the advertiser has acted in good faith;
(b) make any order the court considers appropriate to secure compliance with this section to the extent the court considers reasonable in the circumstances;
(c) refuse to grant relief.
276.02 (1) On application of the chief electoral officer, the Supreme Court may make an order requiring a person to disclose to the chief electoral officer information or records in the custody or control of the person if the court is satisfied that the information or records are reasonably required by the chief electoral officer in order to carry out the chief electoral officer's duties under section 12 (1) (d).
(2) The chief electoral officer may apply for an order under subsection (1) before, at the time of or subsequent to the following:
(a) making a determination that an individual or organization has failed to comply with a provision of this Act for which a monetary penalty may be imposed;
(b) referring a matter to the Criminal Justice Branch of the Ministry of Attorney General under section 252.
(3) A court may make an order under this section without notice to any person.
(4) Unless the court orders otherwise, an application for an order under this section must be heard in private.
276.03 (1) For the purposes of administering compliance with this Act and the regulations, the chief electoral officer has the following powers in addition to all others provided under this Act:
(a) to require the following to file a supplementary report under section 212:
(i) a candidate or the financial agent of a candidate;
(ii) a registered political party or the financial agent of a registered political party;
(iii) a registered constituency association or the financial agent of a registered constituency association;
(iv) a leadership contestant or the financial agent of a leadership contestant;
(v) a nomination contestant or the financial agent of a nomination contestant;
(b) to require a third party sponsor to file a supplementary report under section 244;
(c) to require an individual or organization referred to in paragraph (a) or (b) to provide further information respecting compliance with this Act and the regulations under this Act.
(2) Within 7 days of the chief electoral officer making a determination of non-compliance with subsection (1) by an individual or organization, the chief electoral officer must notify the individual or organization of the non-compliance and related penalty.
(3) Unless relief is granted by a court on an application under subsection (7), if the chief electoral officer gives notice under subsection (2), the individual or organization must pay to the chief electoral officer a penalty in the amount of up to $10 000, as determined by the chief electoral officer.
(4) An individual or organization that is subject to a monetary penalty under subsection (3) may apply to the Supreme Court in accordance with this section for relief from the monetary penalty for non-compliance.
(5) An application under subsection (4) may only be made within 30 days after the chief electoral officer notifies the individual or organization, under subsection (2), of the non-compliance and related penalty.
(6) The petition commencing an application must be served on the chief electoral officer within 7 days after the petition is filed, and the chief electoral officer is a party to the application.
(7) On the hearing of an application, the court may do the following:
(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the individual or organization has acted in good faith;
(b) make any order the court considers appropriate to secure compliance with this section to the extent the court considers reasonable in the circumstances;
(c) refuse to grant relief.
133 Section 278 (1) is amended
(a) by striking out "the candidate, political party or sponsor" wherever it appears and substituting "the individual or organization", and
(b) by adding the following paragraphs:
(j.1) 220.081 (2);
(t) 276.01 (7);
(u) 276.03 (3).
134 Section 280 (3) is amended by striking out "to the Legislative Assembly".
135 Section 283 (1) is amended
(a) by repealing paragraph (c) and substituting the following:
(c) prescribing information that must be included in an application for registration as a voter, an application for updating voter information or an application for inclusion in the list of future voters; , and
(b) by adding the following paragraphs:
(g.1) prescribing information for the purposes of section 51.02 (3) (c) and (e);
(g.2) prescribing information that must be included under section 59.01 in a notice respecting a nomination contest;
(p.1) for the purposes of the definition of "advertiser" in section 276.01 (1), prescribing a class of individuals or organizations;
(p.2) for the purposes of section 276.01 (3) (g), prescribing any other information; .
136 Section 283 (1) is amended by adding the following paragraphs:
(b.01) for the purposes of the definition of "ballot printer" in section 1, prescribing any other electronic system;
(b.02) for the purposes of the definition of "vote-counting equipment" in section 1, prescribing any other equipment;
(h.1) for the purposes of the definition of "voting administration tools" in section 79.01, prescribing other types of tools to assist in the conduct of voting proceedings;
(h.2) for the purposes of section 79.01 (3) (a), prescribing circumstances in which or locations at which one or more types of voting administration tools are to be used;
(h.3) for the purposes of section 79.05, prescribing an action by an election official in relation to the vote-counting equipment;
(h.4) establishing classes of alternative voting options and restrictions on who may vote at each for the purposes of section 102 (2); .
137 Section 283 is amended by adding the following subsection:
(4) The chief electoral officer must make regulations prescribing the form of ordinary ballots and the form of write-in ballots.
138 The Schedule to the Act is amended in Form 1 by striking out ", from 9 a.m. [Pacific Standard Time] [Pacific Daylight Saving Time] on the .... day of ...., 20....".
139 The Schedule to the Act is amended
(a) in Form 1 by striking out "general voting" and substituting "final voting", and
(b) by repealing Forms 2 and 3.
Part 2 – Transitional Provisions
140 The definitions in the Election Act apply to this Part.
141 (1) Despite section 3 of the Election Act, the amendments made by this Act to the following sections of the Election Act apply to an election called after the date this section comes into force regardless of when the election is called:
(a) section 1 insofar as it adds the definition of "holiday";
(b) section 2;
(c) section 27;
(d) section 37 (1);
(e) section 47;
(f) section 48;
(g) section 56;
(h) section 198;
(i) section 199;
(j) section 204;
(k) section 235.1;
(l) section 270.01.
(2) For certainty, this Part applies to an election called after the date this section comes into force regardless of when the election is called.
142 (1) Section 59.01 of the Election Act, as added by section 20 of this Act, does not apply to a registered political party in relation to a nomination contest that concludes before January 1, 2020.
(2) A registered political party must file with the chief electoral officer, on or before January 15, 2020, a list of all individuals who
(a) were selected between the date of the most recent general election and January 1, 2020 to represent the registered political party as a candidate, and
(b) have not represented the registered political party as a candidate in a by-election since the date of the most recent general election.
(3) The list required under subsection (2) must be in a form specified by the chief electoral officer and include the following:
(a) the name of the individual;
(b) the mailing address and telephone number of the individual;
(c) the date the individual was selected to represent the registered political party as a candidate.
143 The requirement that a nomination contestant must have a financial agent under section 175 of the Election Act, as added by section 80 of this Act, does not apply to a nomination contestant in a nomination contest that concludes before January 1, 2020.
144 If, on the date that section 176 (1) (e) and (f) of the Election Act, as added by section 81 of this Act, comes into force, an individual appointed as a financial agent is an individual described in section 176 (1) (e) or (f) of the Election Act, the individual
(a) is disqualified from acting as a financial agent, and
(b) ceases to be a financial agent.
145 A nomination contestant is not required to report a transfer of money or other property, or the provision of services, as described in section 180 (6) (a) (iv) and (c.2) of the Election Act, as added by section 82 of this Act, in relation to a nomination contest that is concluded before January 1, 2020.
146 Section 185.01 (2) of the Election Act, as amended by section 84 of this Act, does not apply to a nomination contestant in relation to political contributions raised at specified fundraising functions described in section 185.01 (1) of the Election Act that are publicly announced or publicly advertised before this section comes into force.
147 Section 185.02 of the Election Act, as amended by section 85 of this Act, does not apply in relation to specified fundraising functions held on behalf of a nomination contestant that are publicly announced or publicly advertised before this section comes into force.
148 An interim financial report required under section 207.01 of the Election Act for 2019 must be in the form set out in the Schedule to the Political Party Interim Financial Report Regulation, B.C. Reg. 8/2018, as that Schedule read immediately before this section comes into force.
149 A personal expenses report required under section 208 of the Election Act for 2019 must be in the applicable form set out in the Schedules to the Election Financing Regulation, B.C. Reg. 371/95, as those Schedules read immediately before this section comes into force.
150 (1) A financing report required to be filed under section 211 of the Election Act for 2019 must be in the form set out in Schedule 1 to the Leadership Contestant Financing Regulation, B.C. Reg. 433/99, as that Schedule read immediately before this section comes into force.
(2) Section 211 (6) of the Election Act, as amended by section 101 of this Act, does not apply to a leadership contestant who is acclaimed before the date this section comes into force.
151 (1) Section 211.01 of the Election Act, as added by section 102 of this Act, does not apply to a nomination contest that concludes before January 1, 2020.
(2) A specified nomination contestant, or a financial agent on behalf of a specified nomination contestant, must file, on or before March 31, 2020, with the chief electoral officer, in accordance with section 206 of the Election Act and in a form specified by the chief electoral officer, a report that includes the following information:
(a) the political contributions accepted by the nomination contestant in relation to that individual seeking the nomination as a candidate representing a registered political party;
(b) any political contributions received by the nomination contestant in contravention of the Election Act that were returned or otherwise dealt with by the nomination contestant.
(3) In this section, "specified nomination contestant" means an individual who was selected between January 1, 2018 and January 1, 2020 to represent a registered political party as a candidate.
152 Section 276.01 of the Election Act, as added by section 132 of this Act, does not apply in relation to an election advertising message that was transmitted to the public before this section comes into force.
Part 3 – Consequential and Related Amendments
153 The Acts listed in Column 1 of Schedule 1 are amended in the provisions listed opposite them in Column 2 by striking out "general voting day" wherever it appears and substituting "final voting day".
Election Act
154 The provisions of the Election Act listed in Schedule 2 of this Act are amended by striking out "general voting" wherever it appears and substituting "final voting".
155 Section 27 (1), (2) and (3) of the Election Act is amended by striking out "General voting day" and substituting "Final voting day".
Recall and Initiative Act
156 Section 158 (1) (d) of the Recall and Initiative Act, R.S.B.C. 1996, c. 398, is amended by striking out "section 105 (3) or 109 (6) of the Election Act" and substituting "section 105 (2) or 109 (6) of the Election Act".
157 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table |
The date of Royal Assent |
| 2 | Section 1 (a) to (c) | By regulation of the Lieutenant Governor in Council. |
| 3 | Section 1 (e) to (j) | By regulation of the Lieutenant Governor in Council. |
| 4 | Section 1 (m) | By regulation of the Lieutenant Governor in Council. |
| 5 | Section 1 (p) to (r) | By regulation of the Lieutenant Governor in Council. |
| 6 | Sections 3 and 4 | By regulation of the Lieutenant Governor in Council. |
| 7 | Section 12 | By regulation of the Lieutenant Governor in Council. |
| 8 | Section 15 | By regulation of the Lieutenant Governor in Council. |
| 9 | Section 23 | By regulation of the Lieutenant Governor in Council. |
| 10 | Sections 26 and 27 | By regulation of the Lieutenant Governor in Council. |
| 11 | Section 29 | By regulation of the Lieutenant Governor in Council. |
| 12 | Sections 31 to 78 | By regulation of the Lieutenant Governor in Council. |
| 13 | Sections 125 and 126 | By regulation of the Lieutenant Governor in Council. |
| 14 | Sections 129 to 131 | By regulation of the Lieutenant Governor in Council. |
| 15 | Sections 136 and 137 | By regulation of the Lieutenant Governor in Council. |
| 16 | Section 139 | By regulation of the Lieutenant Governor in Council. |
| 17 | Sections 153 to 156 | By regulation of the Lieutenant Governor in Council. |
Schedule 1
(Section 153)
"general voting day" to "final voting day"
| Item | Column 1 Act being amended |
Column 2 Provisions |
| 1 | Auditor General Act, S.B.C. 2003, c. 2 | 7 (3) and (4) |
| 2 | Constitution Act, R.S.B.C. 1996, c. 66 | 23 (2), (3) and (4) 37 (2) |
| 3 | Electoral Boundaries Commission Act, R.S.B.C. 1996, c. 107 | 5 (2) |
| 4 | Legislative Assembly Management Committee Act, R.S.B.C. 1996, c. 258 | 2 (2) 6 (1) |
| 5 | Members' Remuneration and Pensions Act, R.S.B.C. 1996, c. 257 | 9 (2) |
| 6 | Recall and Initiative Act, R.S.B.C. 1996, c. 41 | 19 (4) (a) and (b) 21 (1) (a) 115.02 (5) (b) 123 (1) 125 (6) 127 (2) 133.11 (2) 153.10 (2) |
Schedule 2
(Section 154)
| Election Act Provisions "general voting day" to "final voting day" |
| 1 (1) in the definition of "campaign period" 1 (1) in the definition of "voting place" 18 (3) (a) 24 (1) (c) and (2) 25 (2) (c) 26 (2) (b) 27 (4) 28 (2) (c) 29 (b) and (d) 31 (1) and (1.1) 37 (1) 48 (2) 51.02 (6) (b) 52 (1) (b) 55 (2) (a) and (b) 61 (1) (d) 62 (2) (c) 65 (2) 74 (1), (1.1) and (5) 75 (1), (2) and (3) 76 (1) (a), (b), (c) (i) and (ii) 77 (3) and (4) 116 (1), (2) and (3) 149 (1) (a) 158 (2) (b) and (c) 164 (5) 185.02 (4) (b) 191 (a) 195 (1) 200 (2) 201 (3) 208 (1) 209 (1) and (6) 210 (1) 211 (5) 211.01 (6) 219 (3) 220.10 (2) 233 (1), (2), and (3) (b) and (c) 233.1 (2) 234 (2) and (4) 235.3 (2) 243.01 (6) 244 (2) 248 (2) 250.09 (2) 261 (1) (c) 264 (1) (d) |