Recommendations Report: 2019 and 2021 General Elections

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June 7, 2022

Mr. Stéphane Perrault
Chief Electoral Officer
30 Victoria Street
Gatineau, Québec
K1A 0M6
 

Dear Mr. Perrault:

Pursuant to section 537.2 of the Canada Elections Act (the Act), it is my pleasure to submit my report setting out amendments that, in my opinion, are desirable for better compliance with, and the better enforcement of, the Act.

Sincerely,

Yves Côté, Q.C.
Commissioner of Canada Elections

Table of Contents

• Commissioner's Message
• Introduction
• Part 1: Improving the overall effectiveness of the Act's compliance and enforcement regime
  • 1.1. Broadening of the administrative monetary penalties regime
  • 1.2. Party to a violation
  • 1.3. Conspiracy, attempt, accessory after the fact and counselling in relation to a violation or offence that is not committed
  • 1.4. Order requiring an individual to produce documents or any other thing
  • 1.5. Registry of partisan advertising messages and election advertising messages
  • 1.5.1. Contact information of the person who authorized the publication
  • 1.5.2. Use of compliant digital platforms
  • 1.6. Confidentiality of information related to compliance and enforcement files
  • 1.7. Time limit for payment of loans and claims
• Part 2: Corrections or improvements to specific provisions of the Act
  • 2.1. Collusion or coordination between third parties and political entities
  • 2.2. Undue influence and foreign corporations or foreign entities
  • 2.3. Election advertising and party advertising to name third party
  • 2.4. False or misleading information in nomination papers
  • 2.5. Time for voting
  • 2.6. Other corrections or improvements
  • 2.6.1. Photography, video or copy of marked ballot: exception
  • 2.6.2. Disclosure authorized: administrative monetary penalties, compliance agreements and undertakings
  • 2.6.3. Criteria for determining the amount of an administrative monetary penalty
  • 2.6.4. Agents and auditors
  • 2.6.4.a. Intentionally providing an incomplete document
  • 2.6.4.b. Replacement of financial agent, official agent, chief agent or auditor
  • 2.6.4.c. Duty to appoint an official agent or financial agent
  • 2.6.4.d. Acts requiring the prior appointment of a financial agent by a nomination contestant
  • 2.6.4.e. Auditor’s right of access
  • 2.6.5. Harmonization of the two versions of the Act
• Conclusion
• Full list of recommendations

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