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PROC Committee Report

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In accordance with its Order of Reference of Wednesday, May 23, 2018, your Committee has considered Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, and agreed on Thursday, October 18, 2018, to report it with the following amendments:

Clause 3

That Bill C-76, in Clause 3, be amended by replacing line 30 on page 6 with the following:

“3 Sections 3 to 5 of the Act are replaced by the following:

3 Every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.”

Clause 37

That Bill C-76, in Clause 37, be amended by replacing line 20 on page 20 with the following:

“tors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.”

Clause 45

That Bill C-76, in Clause 45, be amended by adding after line 20 on page 25 the following:

“(1.1) Despite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.”

Clause 62

That Bill C-76, in Clause 62, be amended by replacing line 31 on page 35 with the following:

“(1.1) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to”

Clause 69

That Bill C-76, in Clause 69, be amended by replacing line 33 on page 37 with the following:

“before polling day, make available in electronic form or in formats that include electronic form the most current pre-”

Clause 70

That Bill C-76, in Clause 70, be amended by replacing line 10 on page 38 with the following:

“ficer. The official list of electors shall indicate each elector’s polling division number.”

That Bill C-76, in Clause 70, be amended by replacing line 21 on page 38 with the following:

“(4) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for”

Clause 72

That Bill C-76, in Clause 72, be amended by replacing line 29 on page 38 with the following:

“(2) The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the”

Clause 84

That Bill C-76, in Clause 84, be amended

(a) by replacing line 17 on page 42 with the following:

“84 Subsections 121(1) to (3) of the Act are re-”

(b) by adding after line 26 on page 42 the following:

“(3) Each polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.”

Clause 87

That Bill C-76, in Clause 87, be amended by adding after line 20 on page 43 the following:

“(2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.”

Clause 93

That Bill C-76, in Clause 93, be amended by replacing line 5 on page 47 with the following:

“electors for the same polling station and who”

That Bill C-76, in Clause 93, be amended by adding after line 10 on page 47 the following:

“(3.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.

(3.02) In subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.”

Clause 97

That Bill C-76, in Clause 97, be amended by replacing line 34 on page 49 with the following:

“tion 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.”

Clause 98

That Bill C-76, in Clause 98, be amended by replacing line 7 on page 50 with the following:

“(d) return the ballot to the election officer who provided it.”

Clause 103

That Bill C-76, in Clause 103, be amended by

(a) replacing line 5 on page 52 with the following:

“an institution for seniors or persons with a disability, when an”

(b) adding after line 7 on page 52 the following:

“(1.1) Paragraph 157(1)(b) of the French version of the Act is replaced by the following:

b) avec l’approbation du responsable de l’établissement, transporter l’urne, les bulletins de vote et les autres documents électoraux nécessaires de chambre en chambre, en vue de recueillir les votes des électeurs alités qui résident habituellement dans la section de vote où se trouve l’établissement.”

Clause 104

That Bill C-76, in Clause 104, be amended by replacing line 22 on page 52 with the following:

“polling station in the same electoral district.”

Clause 107

That Bill C-76, in Clause 107, be amended by replacing line 2 on page 54 with the following:

“the same polling station and who”

That Bill C-76, in Clause 107, be amended by adding after line 14 on page 54 the following:

“(2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

(2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.”

Clause 117

That Bill C-76, in Clause 117, be amended by replacing line 32 on page 59 with the following:

“the same polling station and who”

That Bill C-176, in Clause 117, be amended by adding after line 3 on page 60 the following:

“(3.1) Section 169 of the Act is amended by adding the following after subsection (2):

(2.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

(2.02) In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.”

Clause 120

That Bill C-76, in Clause 120, be amended by replacing line 29 on page 61 with the following:

“each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indi-”

Clause 122

That Bill C-76, in Clause 122, be amended by adding after line 15 on page 62 the following:

“(1.1) An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.”

New Clause 162.1

That Bill C-76 be amended by adding after line 2 on page 83 the following new clause:

“162.1 The Act is amended by adding the following after section 241:

241.1 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.”

Clause 190

That Bill C-76, in Clause 190, be amended by

(a) replacing lines 21 and 22 on page 93 with the following:

“(i) is not a Canadian citizen when he or she votes, or”

(b) replacing line 28 on page 93 with the following:

“dian citizen — when he or she votes, or”

That Bill C-76, in Clause 190, be amended by replacing lines 15 and 16 on page 95 with the following:

“(f) alter, deface or destroy a ballot, the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;”

That Bill C-176, in Clause 190, be amended by

(a) replacing line 12 on page 97 with the following:

“son at an election, except in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01).”

(b) replacing line 19 on page 97 with the following:

“same polling division as the other person or, in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01), in a polling division in the other person’s electoral district or an adjacent electoral district.”

That Bill C-76, in Clause 190, be amended by replacing lines 12 to 14 on page 98 with the following:

“ry on business in Canada or whose primary purpose in Canada during an election period is to influence electors during that period”

That Bill C-76, in Clause 190, be amended by deleting lines 31 to 35 on page 98.

That Bill C-76, in Clause 190, be amended by replacing lines 20 to 24 on page 99 with the following:

“purpose of enabling that person or entity to transmit an election advertising message or to cause an election advertising message to be transmitted.”

Clause 192

That Bill C-76, in Clause 192, be amended by replacing line 30 on page 101 with the following:

“or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.”

Clause 198

That Bill C-76, in Clause 198, be amended by

(a) replacing line 28 on page 104 with the following:

“198 Section 290 of the Act is replaced”

(b) deleting lines 1 to 5 on page 105.

Clause 206

That Bill C-76, in Clause 206, be amended by adding after line 24 on page 107 the following:

“(2) Section 319 of the Act is amended by adding the following in alphabetical order:

online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. (plateforme en ligne)”

New Clause 208.1

That Bill C-76 be amended by adding after line 31 on page 107 the following:

“208.1 The Act is amended by adding the following after section 325:

Online Platforms

325.1 (1) This section and section 325.2 apply to any online platform that, in the 12 months before the first day of the pre-election period, in the case of the publication on the platform of a partisan advertising message, or the 12 months before the first day of the election period, in the case of the publication on the platform of an election advertising message, was visited or used by Internet users in Canada an average of at least the following numbers of times per month:

(a) 3,000,000 times, if the content of the online platform is available mainly in English;

(b) 1,000,000 times, if the content of the online platform is available mainly in French; or

(c) 100,000 times, if the content of the online platform is available mainly in a language other than English or French.

(2) The owner or operator of an online platform that sells, directly or indirectly, advertising space to the following persons and groups shall publish on the platform a registry of the persons’ and groups’ partisan advertising messages and election advertising messages published on the platform during that period:

(a) a registered party or eligible party;

(b) a registered association;

(c) a nomination contestant;

(d) a potential candidate or a candidate; or

(e) a third party that is required to register under subsection 349.6(1) or 353(1).

(3) The registry referred to in subsection (2) shall include the following:

(a) an electronic copy of each partisan advertising message and each election advertising message published on the platform; and

(b) for each advertising message referred to in paragraph (a), the name of the person who authorized the advertising message’s publication on the platform, namely

(i) a registered agent of the registered party or eligible party, in the case of an advertising message whose publication was requested by a registered party or eligible party,

(ii) the financial agent of the registered association, in the case of an advertising message whose publication was requested by a registered association,

(iii) the financial agent of the nomination contestant, in the case of an advertising message whose publication was requested by a nomination contestant,

(iv) the official agent of the potential candidate or candidate, in the case of an advertising message whose publication was requested by a potential candidate or a candidate, and

(v) the financial agent of the registered third party, in the case of an advertising message whose publication was requested by a registered third party.

(4) The owner or operator of the online platform shall publish in the registry referred to in subsection (2) the information referred to in subsection (3) for each partisan advertising message and each election advertising message during the following periods:

(a) in the case of a partisan advertising message, during the period that begins on the day on which the online platform first publishes the advertising message and ends two years after

(i) the end of the election period of the general election immediately following the pre-election period, or

(ii) the day referred to in paragraph (b) of the definition pre-election period if there is no general election immediately following the pre-election period; and

(b) in the case of an election advertising message, during the period that begins on the first day on which the online platform publishes such an advertising message and ends two years after the end of the election period.

(5) The owner or operator of the online platform shall keep the information that was included in the registry referred to in subsection (2) in respect of each partisan advertising message and each election advertising message for five years after the end of the applicable publication period referred to in subsection (4).

325.2 A person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2).”

Clause 222

That Bill C-76, in Clause 222, be amended by replacing line 30 on page 111 with the following:

“(a) in Division 0.1, a person or a group other than

(i) during an election period, a candidate, a registered party or an electoral district association of a registered party, and

(ii) outside of an election period,

(A) a registered party or eligible party or a registered association,

(B) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

(C) a nomination contestant;

(a.1) in Division 1, a person or a group other than”

Clause 223

That Bill C-76, in Clause 223, be amended by adding after line 2 on page 113 the following:

“DIVISION 0.1

Prohibition on Use of Foreign Funds by Third Parties

Interpretation

349.01 (1) The following definitions apply in this Division.

advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

(a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

(c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

(d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

(e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

(f) the making of telephone calls to electors only to encourage them to vote. (publicité)

foreign entity includes

(a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

(b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;

(c) a trade union that does not hold bargaining rights for employees in Canada;

(d) a foreign political party; or

(e) a foreign government or an agent or mandatary of one. (entité étrangère)

(2) For the purposes of the definition advertising, promoting or opposing includes

(a) in relation to a registered party or eligible party,

(i) naming it,

(ii) identifying it, including by its logo, and

(iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

(b) in relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,

(i) naming him or her,

(ii) showing a photograph, cartoon or drawing of him or her,

(iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

(iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

349.02 No third party shall use funds for a partisan activity, for advertising or for an election survey if the source of the funds is a foreign entity.

349.03 No third party shall

(a) circumvent, or attempt to circumvent, the prohibition under section 349.02; or

(b) act in collusion with another person or entity for that purpose.”

That Bill C-76, in Clause 223, be amended by replacing lines 24 and 25 on page 115 with the following:

“349.5 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any partisan advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on”

That Bill C-76, in Clause 223, be amended by deleting lines 7 to 25 on page 124.

Clause 225

That Bill C-76, in Clause 225, be amended by replacing lines 20 and 21 on page 127 with the following:

“primary purpose in Canada during an election period is to influence”

That Bill C-76, in Clause 225, be amended by replacing lines 1 and 2 on page 128 with the following:

“352 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any election advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on”

Clause 231

That Bill C-76, in Clause 231, be amended by adding after line 14 on page 131 the following:

“357.01 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 21st day before polling day, if the third party

(a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

(b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before polling day; or

(c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

(2) The interim third-party expenses return shall contain

(a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,

(i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,

(ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,

(iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and

(iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and

(b) in the case of any general election,

(i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,

(ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,

(iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and

(iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

(3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

(4) The interim third-party expenses return shall include

(a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);

(b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution;

(c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

(d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(b) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

(5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed

(a) under subsection 359(1) in respect of

(i) a by-election that was held after the general election referred to in paragraph (1)(b), or

(ii) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1); or

(b) under subsection 349.91(1) or 349.92(1).

(6) For the purpose of subsection (4), a contribution includes a loan.

(7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

(a) individuals;

(b) businesses;

(c) commercial organizations;

(d) governments;

(e) trade unions;

(f) corporations without share capital other than trade unions; and

(g) unincorporated organizations or associations other than trade unions.

(8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(b) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

(9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

(a) the third party’s financial agent; and

(b) if different from the financial agent, the person who signed the application made under subsection 349.6(2) or 353(2), as the case may be.

(10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

357.02 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 7th day before polling day, if the third party

(a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

(b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 9th day before polling day; or

(c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

(2) Subsections 357.01(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(b) of section 357.01 shall be read as a reference to the period referred to in paragraph (1)(b) of this section.

(3) In addition to the exceptions set out in subsection 357.01(5), the interim third-party expenses return need not include any information referred to in subsections 357.01(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 357.01(1).

357.03 No third party shall file under subsection 357.01(1) or 357.02(1) an interim third-party expenses return that

(a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

(b) does not substantially set out the information required under section 357.01 or 357.02, as the case may be.”

Clause 232

That Bill C-76, in Clause 232, be amended by replacing line 30 on page 131 to line 9 on page 132 with the following:

“232 Section 358 of the Act is repealed.”

Clause 238

That Bill C-76, in Clause 238, be amended by replacing line 39 on page 139 with the following:

“subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);”

Clause 239

That Bill C-76, in Clause 239, be amended by replacing line 18 on page 140 to line 1 on page 141 with the following:

“(2) Section 364 of the Act is amended by adding the following after subsection (8):

(9) No person or entity other than an individual who is”

Clause 262

That Bill C-76, in Clause 262, be amended by replacing line 32 on page 153 with the following:

“election period is $1,400,000.”

That Bill C-76, in Clause 262, be amended by replacing line 19 on page 154 with the following:

“(3) No third party, within the meaning of paragraph (a.1)”

Clause 266

That Bill C-76, in Clause 266, be amended by replacing line 8 on page 156 with the following:

“with the quarter in which polling day at the next general election is”

Clause 268

That Bill C-76, in Clause 268, be amended by deleting line 39 on page 156 to line 5 on page 157.

Clause 271

That Bill C-76, in Clause 271, be amended by adding after line 7 on page 158 the following:

“(3) Despite subsection (1), an electoral district association of a registered party may

(a) incur partisan advertising expenses for the transmission of partisan advertising messages referred to in paragraph (1)(a) to the extent that those messages are intended to be transmitted solely, or substantially solely, within the association’s electoral district; and

(b) transmit or cause to be transmitted partisan advertising messages referred to in paragraph (1)(b) to the extent that those messages are transmitted solely, or substantially solely, within the association’s electoral district.

449.2 A registered association that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the association’s electoral district agents.”

Clause 323

That Bill C-76, in Clause 323, be amended

(a) by replacing line 19 on page 183 with the following:

“by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or”

(b) by replacing line 21 on page 183 with the following:

“(a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, po-”

(c) by replacing line 27 on page 183 with the following:

“published by or under the authority of the Chief Electoral Officer, or that returning officer, political”

(d) by replacing lines 34 to 36 on page 183 with the following:

“monly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or

(b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candi-”

That Bill C-76, in Clause 323, be amended by adding after line 27 on page 184 the following:

“(d) attempts to commit any offence referred to in paragraphs (a) to (c).”

Clause 333

That Bill C-76, in Clause 333, be amended by

(a) adding after line 22 on page 190 the following:

“(a.1) being the owner or operator of an online platform, contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

(a.2) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), contravenes section 325.2 (failure to provide information about self);”

(b) replacing line 33 on page 190 with the following:

“(a) being the owner or operator of an online platform, knowingly contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

(a.1) knowingly contravenes subsection 326(1) or (2)”

(c) adding after line 11 on page 191 the following:

“(a.1) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), knowingly contravenes section 325.2 (failure to provide information about self);”

Clause 336

That Bill C-76, in Clause 336, be amended by adding after line 3 on page 192 the following:

“Offences under Division 0.1 of Part 17 (Prohibition on Use of Foreign Funds by Third Parties)

495.21 (1) Every third party is guilty of an offence who contravenes

(a) section 349.02 (use of foreign contributions); or

(b) paragraph 349.03(a) (circumventing prohibition) or 349.03(b) (colluding to circumvent prohibition).

(2) Every third party who knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.”

That Bill C-76, in Clause 336, be amended by deleting line 25 on page 192.

That Bill C-76, in Clause 336, be amended by

(a) replacing line 9 on page 193 with the following:

“(h) being a third party, knowingly contravenes subsection 349.91(1) or”

(b) replacing line 12 on page 193 with the following:

“(i) being a third party, contravenes paragraph 349.93(a) or knowingly con-”

Clause 337

That Bill C-76, in Clause 337, be amended by

(a) deleting, in the English version, line 27 on page 193;

(b) adding after line 29 on page 193 the following:

“(d.1) subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return) or 357.01(10) (failure to provide documents evidencing expenses on request);

(d.2) paragraph 357.03(b) (filing interim third-party expenses return that is substantially incomplete); or”

That Bill C-76, in Clause 337, be amended by replacing lines 30 and 31 on page 193 with the following:

“(e) section 357.1 (use of anonymous contributions).”

That Bill C-76, in Clause 337, be amended by adding after line 19 on page 194 the following:

“(h) being a third party, knowingly contravenes subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return); or

(i) being a third party, contravenes paragraph 357.03(a) or knowingly contravenes paragraph 357.03(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).”

Clause 339

That Bill C-76, in Clause 339, be amended by replacing line 18 on page 195 with the following:

“364(9) (paying convention fees while ineligible);”

Clause 340

That Bill C-76, in Clause 340, be amended by

(a) deleting lines 6 to 10 on page 196;

(b) deleting lines 31 to 35 on page 196.

Clause 341

That Bill C-76, in Clause 341, be amended by adding after line 5 on page 197 the following:

“(a.2) being a registered association, contravenes section 449.2 (failure to indicate authority for partisan advertising);”

New Clause 344.1

That Bill C-76 be amended by adding after line 19 on page 200 the following:

“344.1 Section 498 of the Act is replaced by the following:

498 (1) Every chief agent of a registered party is guilty of an offence who fails to comply with a requirement of the Commissioner under section 510.001.

(2) Every person is guilty of an offence who

(a) knowingly contravenes subsection 479(4) (refusal to obey order to leave office or place); or

(b) being the chief agent of a registered party, knowingly fails to comply with a requirement of the Commissioner under section 510.001.”

Clause 346

That Bill C-76, in Clause 346, be amended by

(a) replacing line 29 on page 200 with the following:

“495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1),”

(b) replacing line 15 on page 201 with the following:

“495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2),”

That Bill C-76, in Clause 346, be amended by

(a) replacing line 30 on page 200 with the following:

“497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(1) and 499(1)”

(b) replacing lines 16 and 17 on page 201 with the following:

“497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liable”

That Bill C-76, in Clause 346, be amended by replacing line 20 on page 201 with the following:

“(5.1) Every third party that is guilty of an offence under paragraph 495.21(1)(a) or (b) or subsection 495.21(2) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount of the funds whose source was a foreign entity that were used, or the amount of the funds that were used to circumvent the prohibition on using funds whose source is a foreign entity.

(5.2) Every third party that is guilty of an offence under”

Clause 349

That Bill C-76, in Clause 349, be amended by

(a) replacing line 30 on page 203 with the following:

“fence under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the person who is”

(b) replacing line 36 on page 203 with the following:

“third party under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the third”

Clause 357

That Bill C-76, in Clause 357, be amended by adding after line 25 on page 208 the following:

“510.001 In the course of conducting an investigation under section 510 in response to a complaint, the Commissioner may require the chief agent of a registered party to provide by a specified date documents evidencing any expense set out in the party’s election expenses return, including bank statements, deposit slips and cancelled cheques.”

New Clause 369.1

That Bill C-76 be amended by adding after line 13 on page 227 the following new clause:

“369.1 The Act is amended by adding the following before section 540:

539.1 In section 540, a reference to the Register of Electors includes a reference to the Register of Future Electors.”

Clause 371

That Bill C-76, in Clause 371, be amended by replacing lines 26 to 32 on page 227 with the following:

“541.1 The Chief Electoral Officer shall, within 180 days after the return of the writ, make available in electronic form, or in formats that include electronic form, to each candidate and to each registered party that endorsed a candidate in an electoral district a statement, prepared using documents prepared under paragraph 162(i.1), of electors who exercised their right to vote in the electoral district on polling day who can be identified using those documents.”

Clause 372

That Bill C-76, in Clause 372, be amended by

(a) replacing lines 31 and 32 on page 228 with the following:

“(c) the elector is a Canadian citizen; and”

(b) replacing lines 10 and 11 on page 229 with the following:

“(d) the elector is a Canadian citizen when the other elector votes;”

That Bill C-76, in Clause 372, be amended by replacing line 6 on page 229 with the following:

“(a) the other elector resides in a polling division assigned to the polling station;”

That Bill C-76, in Clause 372, be amended by replacing line 12 on page 229 with the following:

“(e) except in a case referred to in subsection 143(3.01), 161(2) or 169(2.01), the elector has not previously vouched for any oth-”

Clause 378

That Bill C-76, in Clause 378, be amended by replacing lines 17 to 27 on page 230 with the following:

“378 Section 31 of the Parliament of Canada Act is amended by adding the following after subsection (1):

(1.1) Despite subsection (1), no writ for the election of a member of the House shall be issued if the vacancy occurs in the House of Commons less than nine months before the date fixed under subsection 56.1(2) of the Canada Elections Act for the holding of a general election.”

Clause 384

That Bill C-76, in Clause 384, be amended by

(a) replacing line 37 on page 232 with the following:

“384 (1) If section 1 comes into force during an”

(b) replacing line 3 on page 233 with the following:

“section 1 comes into force and that are still out-”

(c) replacing line 15 on page 233 with the following:

“which section 1 comes into force but both the”

Your Committee has ordered a reprint of Bill C-76, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 106, 109 to 114, 118, 120, 121 and 123 to 127) is tabled.