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LOCAL AUTHORITIES ELECTION AMENDMENT ACT, 2020 (SA 2020 c22)

Bill 29

LOCAL AUTHORITIES ELECTION
AMENDMENT ACT, 2020

Chapter 22

(Assented to July 23, 2020)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cL-21

1   The Local Authorities Election Act is amended by this Act.

2   Section 1 is amended by adding the following after clause (s.1):

                          (s.2)    “nomination period” means the relevant period referred to in section 25(2);

3   Section 12 is amended

                             (a)    in clause (a)(i) by striking out “6 weeks” and substituting “4 weeks”;

                             (b)    in clause (d) by adding “, (1.1) and (1.2)” after “28(1)”.

4   Section 13(2.1) is amended by adding “or vote on a question or bylaw” after “by-election” wherever it occurs.

5   Section 25(1) is amended by striking out “6 weeks” and substituting “4 weeks”.

6   Section 27(1.1)(c) is amended by striking out “its” and substituting “the candidate’s”.

7   Section 28 is amended

                             (a)    by repealing subsection (1) and substituting the following:

Nominations

28(1)  Subject to subsection (1.2), nominations shall be submitted at the local jurisdiction office at any time during the nomination period.

(1.1)  An elected authority may, by a bylaw passed prior to December 31 of the year before a year in which a general election is to be held, provide that a returning officer may establish one or more locations, in addition to the local jurisdiction office, where a deputy may receive nominations.

(1.2)  If an elected authority passes a bylaw referred to in  subsection (1.1), nominations shall be submitted to the local jurisdiction office or any location established by the returning officer at any time during the nomination period.

                             (b)    in subsections (2) and (3) by striking out “subsection (1)” and substituting “this section”;

                             (c)    in subsection (6) by striking out “relevant period referred to in section 25(2)” and substituting “nomination period”.

8   Section 32 is repealed and the following is substituted:

Withdrawal of nomination

32(1)  A person nominated as a candidate may withdraw as a candidate at any time during the nomination period.

(2)  Subject to subsection (3), at any time within 24 hours after the close of the nomination period, if more than the required number of candidates for any particular office are nominated, any person so nominated may withdraw as a candidate for the office for which the candidate was nominated by filing with the returning officer a withdrawal in writing.

(3)  If, after one or more candidates have withdrawn in accordance with subsection (2), the number of remaining candidates does not exceed the number of vacancies to be filled, the returning officer shall refuse to accept further withdrawals.

9   Section 53 is amended

                             (a)    in subsection (3)(b)

                                     (i)    by adding “one of the following:” after “by producing”;

                                    (ii)    in subclause (ii) by striking out “or”;

                             (b)    by repealing subsection (6) and substituting the following:

(6)  An elector shall not vouch for a person if any of the following circumstances apply:

                                   (a)    the elector has relied on the process described in subsection (4) to validate the elector’s identity, address and, if applicable, age;

                                   (b)    subject to subsection (6.1), the elector has already vouched for another person.

(6.1)  An elector may vouch for more than one person if every person the elector vouches for shares the same place of residence.

10   Sections 68.1(2), 69(1.1) and 70(2.1) are amended by adding “, the Election Finances and Contributions Disclosure Actafter “the Election Act”.

11   Section 73 is amended

                             (a)    by repealing subsection (1);

                             (b)    in subsection (3) by striking out “local jurisdiction” and substituting “municipality”.

12   Section 94(1) is amended by striking out “section 90” and substituting “section 93.1”.

13   Section 101 is repealed and the following is substituted:

Disposition of election material

101(1)  The secretary shall retain the following for a period of at least 6 weeks from the date of voting:

                                   (a)    the ballot boxes with their seals unbroken;

                                   (b)    copies of elector registers, if any, made under section 93.1.

(2)  The secretary shall, in the presence of 2 witnesses, cause the ballot boxes to be opened and their contents destroyed, and cause the copies of elector registers, if any, to be destroyed

                                   (a)    no later than 12 weeks after voting day, or

                                   (b)    if a judge has ordered that the ballot boxes and any copies of the elector register must be kept until a date that is more than 12 weeks after voting day, as soon as practicable after that date.

(3)  Each of the 2 witnesses referred to in subsection (2) shall make an affidavit that the witness has witnessed the destruction of the contents of the ballot boxes.

14   Section 147.1(1) is amended

                             (a)    in clause (a)

                                     (i)    in subclause (iv) by striking out “or”;

                                    (ii)    in subclause (v) by adding “or” after “campaign period”;

                                   (iii)    by adding the following after subclause (v):

                                         (vi)    the production of a review engagement required by this Act;

                             (b)    by adding the following after clause (f):

                                       (f.1)    “review engagement” means a review engagement as defined in the Chartered Professional Accountants Act;

15   Section 147.2 is amended:

                             (a)    in subsection (3)

                                     (i)    by striking out “No individual” and substituting “Subject to subsection (4), no individual”;

                                    (ii)    by repealing clauses (a) and (b) and substituting the following:

                                          (a)    $5000 to any candidate for election as a councillor, and

                                          (b)    $5000 to any candidate for election as a school board trustee.

                             (b)    by repealing subsection (4) and substituting the following:

(4)  A candidate may contribute an amount of up to $10 000 that is not reimbursed to the candidate from the candidate’s campaign account by the end of the campaign period to the candidate’s own campaign expenses.

(4.1)  Any amount paid by a candidate for campaign expenses from the candidate’s own funds that is not reimbursed to the candidate from the candidate’s campaign account by the end of the campaign period, including an amount referred to in subsection (4), is a contribution to the candidate’s own campaign for the purposes of this Act.

16   Section 147.22 is amended

                             (a)    in subsection (2) by striking out “or incur a campaign expense”;

                             (b)    by repealing subsection (3) and substituting the following:

(3)  Subsections (1) and (2) do not apply to the following:

                                   (a)    a person who accepts not more than $5000 in the aggregate per year in contributions outside the campaign period;

                                   (b)    a candidate who makes a contribution of not more than $10 000 in the aggregate per year to the candidate’s own campaign from the candidate’s own funds.

 

17   Section 147.4 is amended

                             (a)    by repealing subsections (2), (3) and (4) and substituting the following:

(2)  A candidate who has incurred campaign expenses or received contributions of $50 000 or more shall file a review engagement with the disclosure statement referred to in subsection (1).

                             (b)    in subsection (6) by adding “or the review engagement required under subsection (2)” after “subsection (1)”;

                             (c)    by repealing subsections (8), (9) and (10).

18   Section 147.5 is repealed and the following is substituted:

Campaign surplus

147.5(1)  If a candidate’s disclosure statement shows a surplus, the candidate, within 60 days after filing the disclosure statement with the local jurisdiction,

                                   (a)    shall, with respect to any amount that is $1000 or more, donate an amount to a registered charity that results in the surplus being less than $1000, and

                                   (b)    may, with respect to any amount that is less than $1000,

                                           (i)    retain all or any portion of that amount, and

                                          (ii)    donate all or any portion of that amount to a registered charity.

(2)  A candidate who donates an amount to a registered charity in accordance with subsection (1)(a) or (b)(ii) shall, within 30 days after the expiration of the 60-day period referred to in subsection (1), file an amended disclosure statement showing that the surplus has been dealt with in accordance with this section.

(3)  This section applies to a candidate whether or not the candidate is elected.

Transitional — campaign surplus

147.51(1)  Where, on September 1, 2020, an amount is held in trust under section 147.5(2) as it read on August 31, 2020, the candidate in respect of whom the amount is held in trust, no later than January 1, 2022,

                                   (a)    shall, with respect to any amount that is $1000 or more, donate an amount to a registered charity that results in the surplus being less than $1000, and

                                   (b)    may, with respect to any amount that is less than $1000,

                                           (i)    retain all or any portion of that amount, and

                                          (ii)    donate all or any portion of that amount to a registered charity.

(2)  If a local jurisdiction does not receive a direction under subsection (1) on or before January 1, 2022, the money becomes the property of the local jurisdiction.

(3)  This section applies to money paid to a local jurisdiction pursuant to a court order under section 147.84(2).

Campaign deficit

147.52(1)  If a candidate’s disclosure statement shows a deficit, the candidate shall eliminate the deficit within 60 days after filing the disclosure statement with the local jurisdiction.

(2)  For the purpose of eliminating a deficit referred to in subsection (1), a candidate may, notwithstanding section 147.22(2), accept contributions in accordance with this Act during the period referred to in subsection (1).

(3)  Subject to subsection (4), a candidate shall not accept a contribution of an amount that exceeds $5000 from any individual for the purpose of this section.

(4)  A candidate may make a contribution from the candidate’s own funds that does not exceed $10 000 to reduce a deficit shown on the candidate’s disclosure statement for the purpose of this section.

(5)  A candidate referred to in subsection (1) shall, within 30 days after the expiration of the 60-day period referred to in subsection (1), file an amended disclosure statement showing that the deficit has been eliminated.

19   Section 147.84 is amended

                             (a)    in subsection (1) by striking out “section 147.4” and substituting “section 147.4(1) or (2)”;

                             (b)    by adding the following after subsection (1):

(1.1)  A candidate who fails to comply with the following sections within 30 days after the expiration of the period referred to in that section is guilty of an offence and liable to a fine of not more than $5000:

                                   (a)    section 147.4(6);

                                   (b)    section 147.5(1) and (2);

                                    (c)    section 147.52(1) and (5).

                             (c)    by repealing subsection (3).

20   Section 152(1) is amended by striking out “on the property” wherever it occurs and substituting “within the boundaries of the land”.

21   Section 152.1(1) is amended by striking out “on the property” and substituting “within the boundaries of the land”.

22   Section 158.2 is repealed and the following is substituted:

Transitional

158.2(1)  In this section, “former Act” means the Local Authorities Election Act as it read on August 31, 2020.

(2)  The former Act applies to the following:

                                   (a)    a by-election, where the vacancy to which the by-election relates occurs before September 1, 2020 and the election day for that by-election occurs on or after September 1, 2020;

                                   (b)    a vote on a question or bylaw, where the resolution or bylaw that fixes the day for the vote on the question or bylaw is passed before September 1, 2020 and the election day for that vote on a question or bylaw occurs on or after September 1, 2020.

23   Section 160(3) is amended by striking out “under subsections (1) and” and substituting “made under subsection (1) and adopted by a bylaw authorized by an order made under subsection”.

24   Section 162 is amended

                             (a)    in subsection (1)

                                     (i)    by repealing clause (a) and substituting the following:

                                          (a)    “advertising account” means the account on record with the local jurisdiction or the Registrar for the purpose of accepting advertising contributions for election advertising and for the payment of advertising expenses for election advertising;

                                    (ii)    in clause (b) by striking out “or political advertising”;

                                   (iii)    in clause (c)

                                         (A)    in subclause (i) by striking out “or political advertising message”;

                                         (B)    in subclause (ii) by striking out “or a political advertising message”;

                                  (iv)    in clause (d) by striking out “, including an advertising message that takes a position on an issue with which a candidate or a council is associated,”;

                                   (v)    by repealing clause (i);

                                  (vi)    by adding the following after clause (k):

                                      (k.1)    “Registrar” means the Registrar for Third Party Advertising appointed under section 162.1;

                             (b)    in subsection (3)(b) by striking out “a significant” and substituting “the primary”;

                             (c)    in subsection (4) by striking out “a significant” and substituting “the primary”;

                             (d)    by repealing subsections (5) and (6).

25   The following is added after section 162:

Appointment of Registrar

162.1   The Minister may appoint a Registrar for Third Party Advertising for the purposes of this Part.

26   Section 163 is amended

                             (a)    in subsection (1)

                                     (i)    by striking out “A third party” and substituting “Subject to subsection (1.3), a third party”;

                                    (ii)    in clause (a) by striking out “or political advertising”;

                             (b)    by adding the following after subsection (1):

(1.1)  A third party may apply to the Registrar for registration under this section when it is registered in a register referred to in subsection (2) in more than 10 local jurisdictions.

(1.2)  When a third party is registered with the Registrar under this section, the registration of that third party with any local jurisdiction is deemed to be cancelled.

(1.3)  If a third party is registered with the Registrar, the third party is not required to apply for registration with a local jurisdiction for the purpose of subsection (1).

                             (c)    by repealing subsection (2) and substituting the following:

(2)  A local jurisdiction and the Registrar shall maintain a register of third parties who engage in election advertising.

                             (d)    in subsection (3)

                                     (i)    by adding “or the Registrar, as applicable,” after “section, the local jurisdiction”;

                                    (ii)    by adding “or the Registrar” after “with the local jurisdiction”;

                                   (iii)    by repealing clauses (b) and (d);

                             (e)    in subsection (4) by striking out “or political advertising expenses, as the case may be”;

                              (f)    in subsection (5)

                                     (i)    by striking out “, in the local jurisdiction’s opinion,”;

                                    (ii)    in clause (a) by adding “, in the local jurisdiction’s opinion,” after “in that local jurisdiction”;

                                   (iii)    in clause (b) by adding “with the local jurisdiction” after “whose registration”;

                             (g)    by adding the following after subsection (5):

(5.1)  No third party shall apply to the Registrar for registration under a name or the abbreviation of the name that so nearly resembles the name or abbreviation of the name or a nickname of a candidate that is active anywhere in the Province that confusion is likely.

(5.2)  The Registrar shall not register a third party if the proposed name was the name of a registered third party whose registration with the Registrar was cancelled or whose name was changed since the last election.

                             (h)    in subsection (7) by adding “or the Registrar” after “local jurisdiction”;

                              (i)    in subsection (8)

                                     (i)    by adding “or, if the third party is registered with the Registrar, the Registrar,” after “which it is registered”;

                                    (ii)    by adding “or the Registrar” after “notice a local jurisdiction”.

27   Section 164 is amended

                             (a)    in subsection (1) by adding “or the Registrar, as applicable,” after “local jurisdiction”;

                             (b)    in subsection (2)

                                     (i)    by striking out “or 181”;

                                    (ii)    by adding “or the Registrar, as applicable,” after “local jurisdiction”;

                             (c)    in subsection (4) by repealing clause (a).

28   Section 167 is amended

                             (a)    in subsection (1) by striking out “or political advertising”;

                             (b)    by repealing subsection (6) and substituting the following:

(6)  If the chief financial officer of a third party learns that an advertising contribution was accepted in contravention of this section, the chief financial officer shall, within 30 days after learning of the contravention,

                                   (a)    if the third party is registered with a local jurisdiction, advise the local jurisdiction in writing of the fact and circumstances and return the contribution in accordance with the directions of the local jurisdiction, or

                                   (b)    if the third party is registered with the Registrar, advise the Registrar in writing of the fact and circumstances and return the contribution in accordance with the directions of the Registrar.

29   Section 168 is repealed and the following is substituted:

Payments made by third party

168   Any money paid by a third party from its own funds for election advertising is an advertising contribution of the third party for the purposes of this Part.

30   Section 169(1) is amended by striking out “or political advertising”.

31   Section 170(a)(ii) is amended by striking out “or for political advertising”.

32   Section 172(5) is amended by striking out “or political advertising”.

33   Section 173(2) is amended by striking out “or political advertising”.

34   Section 174 is amended

                             (a)    by repealing subsection (1)(b) and substituting the following:

                                   (b)    shall record all loans and their terms and shall report accordingly to,

                                           (i)    if the third party is registered with a local jurisdiction, the local jurisdiction, or

                                          (ii)    if the third party is registered with the Registrar, the Registrar.

                             (b)    in subsection (2) by striking out “181 or”;

                             (c)    in subsection (3) by striking out “or political advertising”.

35   Section 175 is amended

                             (a)    by repealing subsection (1)(b) and substituting the following:

                                   (b)    if the contributor’s identity cannot be established, shall pay an amount equivalent to the advertising contribution to,

                                           (i)    if the third party is registered with a local jurisdiction, the local jurisdiction, or

                                          (ii)    if the third party is registered with the Registrar, the Registrar.

                             (b)    by repealing subsection (2) and substituting the following:

(2)  Any amounts received by a local jurisdiction under subsection (1)(b)(i) must be paid into the local jurisdiction’s general revenue.

(3)  Any amounts received by the Registrar under subsection (1)(b)(ii) must be paid into the General Revenue Fund.

36   Section 176(3) is repealed and the following is substituted:

(3)  If the chief financial officer learns that an advertising contribution received by or on behalf of the third party that is registered or is required to be registered for whom the chief financial officer acts was made contrary to subsection (1), the chief financial officer shall, within 30 days after learning of it,

                                   (a)    if the third party is registered with a local jurisdiction, advise the local jurisdiction in writing of the fact and circumstances and return the advertising contribution in accordance with the directions of the local jurisdiction, or

                                   (b)    if the third party is registered with the Registrar, advise the Registrar in writing of the fact and circumstances and return the advertising contribution in accordance with the directions of the Registrar.

37   Section 177 is repealed and the following is substituted:

Receipts

177   A third party shall issue receipts for every advertising contribution accepted by the third party in the form and manner approved by,

                                   (a)    if the third party is registered with a local jurisdiction, the local jurisdiction, or

                                   (b)    if the third party is registered with the Registrar, the Registrar.

38   Section 178 is amended

                             (a)    in subsection (1)

                                     (i)    by striking out “or political advertising expenses, as the case may be,”;

                                    (ii)    by striking out “applicable”;

                             (b)    in subsection (3) by striking out “or political advertising expense”;

                             (c)    by repealing subsection (6) and substituting the following:

(6)  Subject to the requirements of this Part, a registered third party that operates an advertising account may transfer amounts from its election advertising account to the election advertising accounts of other registered third parties and any amounts transferred shall not be considered as advertising contributions for the purposes of this Part, but must be recorded as to source and amount.

                             (d)    by repealing subsection (7);

                             (e)    in subsection (8) by striking out “or political advertising expenses”.

39   Section 179 is amended

                             (a)    in subsection (1)

                                     (i)    by striking out “or political advertising”;

                                    (ii)    in clause (a)

                                         (A)    by striking out “and political advertising”;

                                         (B)    by striking out “or political advertising”;

                                   (iii)    in clause (b) by striking out “or political advertising” wherever it occurs;

                                  (iv)    in clause (c) by striking out “or political advertising” wherever it occurs;

                             (b)    by repealing subsection (4) and substituting the following:

(4)  If election advertising is not in compliance with this section,

                                   (a)    if the third party is registered with a local jurisdiction, the local jurisdiction may cause it to be removed or discontinued, or

                                   (b)    if the third party is registered with the Registrar, the Registrar may cause it to be removed or discontinued.

(5)  In the case of election advertising displayed on a sign, poster or other similar format, no person acting on behalf of the local jurisdiction or the Registrar in accordance with this section is liable for trespass or damage resulting from or occasioned by the removal of that election advertising.

40   Section 180(2) is repealed and the following is substituted:

(2)  In addition to the report referred to in section 182, every registered third party who engages in election advertising shall file a report about advertising contributions received during the election advertising period, in the prescribed form, on or before March 1 in the year following a general election or, in the case of a by-election or a vote on a question or bylaw, within 120 days after the by-election or the vote on the question or bylaw, with,

                                   (a)    if the third party is registered with a local jurisdiction, the local jurisdiction, or

                                   (b)    if the third party is registered with the Registrar, the Registrar.

(3)  A report referred to in subsection (2) must set out

                                   (a)    the total amount of all advertising contributions received during the election advertising period that did not exceed $250 in the aggregate from any single contributor, and

                                   (b)    for each contributor who made advertising contributions during the election advertising period totalling more than $250, the total amount contributed, together with the contributor’s name and address and the amount and date of each advertising contribution.

41   Section 181 is repealed.

42   Section 182 is amended

                             (a)    by repealing subsection (1) and substituting the following:

Third party election advertising return

182(1)  Subject to subsection (2), on or before March 1 in the year after a general election, or, in the case of a by-election or a vote on a question or bylaw, within 120 days after the by-election or the vote on the question or bylaw, the chief financial officer of a third party who is registered under section 163 shall file a third party election advertising return with,

                                   (a)    if the third party is registered with a local jurisdiction, the local jurisdiction, or

                                   (b)    if the third party is registered with the Registrar, the Registrar.

(1.1)  A third party election advertising return must include

                                   (a)    a financial statement,

                                   (b)    a list of all advertising contributions received during the election advertising period,

                                    (c)    an election advertising expense limit report referred to in section 165(4),

                                   (d)    the time and place of broadcast or publication of the advertisements to which the election advertising expenses relate, and

                                    (e)    any supporting information and documents relating to the election advertising return.

                             (b)    in subsection (3) by striking out “subsection (1)(b)” and substituting “subsection (1.1)(b)”;

                             (c)    by repealing subsection (4) and substituting the following:

(4)  A chief financial officer shall provide the original of any bill, voucher or receipt for an election advertising expense of more than $50 at the request of,

                                   (a)    if the third party is registered with a local jurisdiction, the local jurisdiction, or

                                   (b)    if the third party is registered with the Registrar, the Registrar.

43   Section 183 is amended

                             (a)    by repealing subsection (3);

                             (b)    in subsection (4)

                                     (i)    by striking out “accounts referred to in subsections (2) and (3)” and substituting “account referred to in subsection (2)”;

                                    (ii)    by repealing clause (d) and substituting the following:

                                          (d)    if the funds or any portion of the funds cannot be dealt with in accordance with clauses (a) to (c), by paying the funds or that portion of the funds, as the case may be,

                                                 (i)    if the third party is registered with a local jurisdiction, to the local jurisdiction to become the property of the local jurisdiction, or

                                                (ii)    if the third party is registered with the Registrar, to the Registrar to be transferred to the General Revenue Fund.

                             (c)    by repealing subsections (5) and (6) and substituting the following:

(5)  A registered third party to which subsection (2) applies shall notify the local jurisdiction or the Registrar, as applicable, of its decisions under this section and shall apply to the local jurisdiction or the Registrar under section 164 to cancel its registration.

(6)  The chief financial officer of a registered third party that has not dealt with the funds remaining in the advertising account referred to in subsection (2) shall, until such time as the funds have been disposed of completely, file an election advertising return on or before March 1 of each year with,

                                   (a)    if the third party is registered with a local jurisdiction, the local jurisdiction, or

                                   (b)    if the third party is registered with the Registrar, the Registrar.

44   Section 184 is amended

                             (a)    in subsection (1) by adding “or the Registrar” after “local jurisdiction”;

                             (b)    by repealing subsection (2) and substituting the following:

(2)  A third party that is required to file a report and return under this Part and fails to file that report or return by the filing deadline must pay a late filing fee of $500 to,

                                   (a)    if the third party is required to file a report and return with a local jurisdiction, the local jurisdiction, or

                                   (b)    if the third party is required to file a report and return with the Registrar, the Registrar.

                             (c)    in subsections (3) and (5) by adding “or the Registrar, as applicable,” after “local jurisdiction”;

                             (d)    in subsection (6)

                                     (i)    by adding “or the Registrar” after “by a local jurisdiction”;

                                    (ii)    by adding “or the Registrar, as applicable,” after “the local jurisdiction”.

45   The following is added after section 188:

Transitional — political advertising

188.1(1)  In this section,

                                   (a)    “political advertising” means political advertising as defined in section 162 of the Local Authorities Election Act as it read on August 31, 2020;

                                   (b)    “political advertising account” means the account on record with the local jurisdiction for the purpose of accepting advertising contributions for political advertising and for the payment of advertising expenses for political advertising on September 1, 2020.

(2)  Subject to the requirements of this Part, a registered third party that operates a political advertising account shall, no later than May 1, 2021, deal with any funds remaining in that account in one or more of the following ways:

                                   (a)    by donating the funds to a registered charity;

                                   (b)    by returning the funds to the third party’s contributors if they can be identified;

                                    (c)    if the funds or any portion of the funds cannot be dealt with in accordance with clause (a) or (b), by paying the funds or that portion of the funds, as the case may be, to the local jurisdiction with which the registered party is registered to become the property of the local jurisdiction.

46   Section 189 is repealed.

47   Section 201(2) is amended by adding “or, if the contribution was made to or accepted by a third party that is registered with the Registrar, to the Registrar” after “the local jurisdiction”.

48   Section 203 is amended

                             (a)    in subsection (1)

                                     (i)    by adding “the Registrar,” after “secretary of a local jurisdiction, a returning officer,”;

                                    (ii)    by adding “any former Registrar,” after “former returning officer,”;

                                   (iii)    by striking out “by a local jurisdiction or a returning officer” and substituting “by a local jurisdiction, a returning officer or the Registrar”;

                                  (iv)    by striking out “duties of the local jurisdiction or returning officer” and substituting “duties of the local jurisdiction, returning officer or Registrar”;

                             (b)    in subsection (2)

                                     (i)    in clause (a) by striking out “by a local jurisdiction or a returning officer” and substituting “by a local jurisdiction, a returning officer or the Registrar”;

                                    (ii)    in clause (b)

                                         (A)    by striking out “a local jurisdiction or returning officer” and substituting “a local jurisdiction, a returning officer or the Registrar”;

                                         (B)    by striking out “the local jurisdiction or returning officer’s” and substituting “the local jurisdiction’s, returning officer’s or Registrar’s”.

49   Section 204 is amended

                             (a)    in subsection (1)

                                     (i)    by striking out “a local jurisdiction or returning officer” and substituting “a local jurisdiction, a returning officer or the Registrar”;

                                    (ii)    by striking out “the local jurisdiction or returning officer” and substituting “the local jurisdiction, returning officer or Registrar”;

                             (b)    in subsection (2)

                                     (i)    by striking out “a local jurisdiction or a returning officer” and substituting “a local jurisdiction, a returning officer or the Registrar”;

                                    (ii)    by striking out “the local jurisdiction or returning officer” wherever it occurs and substituting “the local jurisdiction, returning officer or Registrar”.

50   Section 205 is amended

                             (a)    by striking out “A local jurisdiction or returning officer” and substituting “A local jurisdiction, a returning officer or the Registrar”;

                             (b)    in clause (a) by striking out “the local jurisdiction or returning officer” and substituting “the local jurisdiction, returning officer or Registrar”;

                             (c)    by repealing clause (b) and substituting the following:

                                   (b)    report any act or omission that in the local jurisdiction’s, returning officer’s or Registrar’s opinion likely constitutes an offence under Part 5.1 or 8 to the Election Commissioner.

51   This Act has effect on September 1, 2020.