ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “an election period” in
the fifth paragraph by the words “a referendum
period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial
report” by the words “return of
regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3,000.”
Replace the words “an authorized entity” in
the second paragraph by the words “a national
committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95 Replace “official representative of the authorized
entity” by
“official agent of the national committee”.
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by
the words “national committee”.
98 Replace the words “authorized entity” by the
words “national committee”.
99 Replace the words “authorized entity” by the
words “official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national
committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level
of the electoral division” in the first paragraph
by the words “authority, at the level of the
electoral division, of an authorized party represented
in the National Assembly”.
133 Replace the words “an election” by the words
“a referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national
committees”, and the words “election expenses”
by the words “regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
135.1
136
137 Replace “an election period” in the second
paragraph by “a referendum period”.
138
to
144
145 Replace the words “an election” in the first
paragraph by the words “a referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to each official delegate the list of
electors for the electoral division, the list of
electors entitled to exercise their right to vote
outside Québec for the division and the list
of addresses for which no electors’ names are entered.
The lists shall be transmitted in computer form and in
duplicate copies.
The chief electoral officer shall transmit the lists
in computer form to the national committees.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of a
national committee to represent him in an electoral
division.
147 Replace the word “election” in the first
paragraph by the word “referendum”.
Replace the word “parties” in the second
paragraph by the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
182.1
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187 Replace the words “parties represented in the
National Assembly” by the words “national
committees referred to in section 184”.
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee to which the greatest number of
Members of the National Assembly belong shall act as
vice-chairman of the board of revisors.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
196
198.1
to
213
214 Replace the word “election” in the third
paragraph by the word “referendum”.
215
to
217
218 Replace “candidate” in the first and second
paragraphs by “official delegate”.
Replace “to the authorized parties represented in the
National Assembly and to any other authorized party having
so requested” in the fourth paragraph by “to
each national committee”.
227
to
231.1
231.2 Replace the word “candidate” in the second
paragraph by the words “official delegate”.
231.2.1 Replace “to the authorized parties represented in
the National Assembly and to any other authorized party
having so requested ” by “to each national
committee”.
231.3
to
231.13
231.14 Replace “candidate” in the second
paragraph by “official delegate”.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first, second and third paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word
“referendum” and the words “an
election” by the words “a referendum”.
259.2 Replace the word “Election” in the first and
second paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and
second paragraphs by the word “referendum”.
259.6
259.7 Replace “Election” in the first paragraph
by “Referendum”.
Replace “candidate or, where applicable,
the authorized party” in the third paragraph
by “official delegate”, and
“election” in that paragraph by
“referendum”.
259.8 Replace the word “election” in the first
paragraph by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the name of the chairman and of
the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary”
by the words “official delegate”.
262 Replace the words “candidate and each authorized
party authority at the level of the electoral
division” in the first paragraph by the words
“official delegate”.
262.1
263 Replace the figure “317” by the figures
“310, 312 to 317”.
264
265
268
269
270 Replace the words “the candidates” by the
words “each official delegate”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected
in accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words
“official delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth
paragraph by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
310.1 Replace the section by the following section:
“310.1. For every polling station, the returning
officer shall appoint two persons to act as officers
assigned to the list of electors, respectively recommended
by the official delegate of a national committee.”
312
312.1
313 Replace the word “candidate” in the first
paragraph by the words “official delegate”.
Replace the word “candidates” in the second
paragraph by the words “official delegates”.
314
315
315.1
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by
the words “official delegate”.
318 Replace the words “A candidate” by the
words “The official delegate of each national
committee”.
319 Replace the words “candidate or his mandatary”
by the words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second
paragraph by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words
“national committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words
“which option”.
360 Replace the word “candidate” by the words
“official delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4
of the second paragraph by the word “option”
and the words “a person who is not a candidate”
in subparagraph 5 of the second paragraph by the words
“an option which is not one of the options
submitted to the referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official
delegate or his representative”.
366.1
367 Replace the word “candidate” in the first
paragraph by the word “option”.
368 Replace the word “candidate” by the words
“official delegate”.
369
370
371 Replace the words “candidate or his mandatary”
in the first paragraph by the words “official
delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first
paragraph by the word “option”.
Replace the figure “285” in the second
paragraph by the figure “300”.
373
374
375 Replace the words “declare elected the candidate
who” in the first paragraph by the words
“announce the option which”.
377 Replace the words “declare elected the candidate
who” and the word “candidate” in the
first paragraph by the words “issue a declaration
indicating the option which” and the words
“official delegate”, respectively.
378 Replace the word “election” in the first
paragraph by the word “referendum”.
379 Replace the word “election”
by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon
as possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice
in the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “an election period” by
the words “a referendum period”, the words
“an election expense” by the words “a
regulated expense” and the words “election
period” by the words “referendum period”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has paid them and declared them as
regulated expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots;
(11) the remuneration paid to a representative referred
to in section 316.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words
“regulated expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of a party” in the
third paragraph by the words “chairman of the
national committee”.
Replace the words “a party” in the fourth
paragraph by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for
each national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case
may be” after the word “agent” in the
second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the
first paragraph by the words “a local agent”.
Replace the words “an official agent” and the
words “candidate or his mandatary” in the
second paragraph by the words “a local agent”
and the words “official delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “an election expense”
and “election period” in the first paragraph
by the words “a regulated expense” and
“referendum period”, respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first,
second and third paragraphs by the words “, deputy
or local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the
word “party” by the words “several local
agents”, the word “local” and the words
“national committee”, respectively.
424 Replace the words “an election expense” in the
first paragraph by the words “a regulated expense”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number
of electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first
paragraph by the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name,
the complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words
and figure “sections 432 and” by the word
“regulated” and the word “section”,
respectively.
436 Replace the words “sections 432 and” in the
first paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and”
in the first paragraph by the word “section”.
Replace the word “election” in the second
paragraph by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “the candidate or party leader”
in the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader”
by the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after
the word “agent”.
447 Replace the word “representative” and the
words “return of election expenses” by the
word “agent” and the words “returns of
regulated expenses”, respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed
with legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at
the end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at
the end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at
the end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first
paragraph by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the
first paragraph by the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of
Québec” in the first paragraph by the words
“the Conseil du référendum”.
Replace the word “court” in the third
paragraph and the word “judge” in the
last paragraph by the word “council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in
paragraph 4 by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees”
and the word “parties” by the words “national
committees”.
488.1 Replace the words “an election” in the first line
of the third paragraph by the words “a referendum”.
Replace the words “this Act” in the first
line of the third paragraph by the words “the
Referendum Act (chapter C-64.1)”.
Replace the word “election” in the last line
of the third paragraph by the word “referendum”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the
filing of nomination papers”.
490 Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and
“other authorized parties, the candidates” by
“official delegates”;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3
by the words “national committee”.
553.1 Replace the word “election” in paragraph 1
by the word “referendum”.
554 Replace the word “election” in paragraph 2
by the word “referendum”.
Strike out the words “of election”
in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs
1 and 2 by the words “a referendum”.
557 Replace the word “election” by
the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph
2 of the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words
“or any local agent”.
Replace the word “election” in paragraph 1
by the word “regulated”.
559.1 Replace the words “an election” in paragraph
1 by the words “a regulated”.
560 Replace the words “candidate or party leader” by
the words “chairman or official delegate of a national
committee” and the word “election” by
the word “regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the first paragraph by the following paragraph:
“564. Every person who contravenes any of sections 66,
87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410, 413 to 417,
421, 421.1, 422, 424, 429, 429.1, 457.9 and 457.11 to
457.17 is liable to a fine of $500 to $10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (chapter E-3.3)”
by “Referendum Act (chapter C-64.1)”.
1978, c. 6, Appendix 2; 1980, c. 6, ss. 1-19; 1979, c. 71, s. 170; 1981, c. 4, ss. 18-23; 1982, c. 31, ss. 108-117; 1982, c. 58, s. 24; 1982, c. 54, ss. 50-51; 1982, c. 62, s. 143; 1983, c. 54, ss. 32-33; 1984, c. 51, s. 547, s. 561; 1985, c. 30, s. 33, s. 34, s. 145; 1987, c. 68, s. 69; 1988, c. 21, s. 66; 1989, c. 1, s. 595; 1990, c. 4, s. 967; 1992, c. 38, s. 93; 1995, c. 23, s. 56; 1997, c. 8, s. 22; 1998, c. 52, s. 94; 1999, c. 15, s. 30; 1998, c. 52, s. 94; 1999, c. 40, s. 87; 2001, c. 2, s. 56; 2001, c. 72, s. 33.
