BILL NO. 21. An Act to Amend the Election Act

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1 HOUSE USE ONLY CHAIR: WITH / WITHOUT 2nd SESSION, 65th GENERAL ASSEMBLY Province of Prince Edward Island 65 ELIZABETH II, 2016 BILL NO. 21 An Act to Amend the Election Act Honourable H. Wade MacLauchlan Minister of Justice and Public Safety and Attorney General GOVERNMENT BILL MICHAEL D. FAGAN Queen s Printer Charlottetown, Prince Edward Island

2 For House Use Only Prince Edward Island Legislative Assembly AMENDMENTS ASSEMBLY / SESSION / YEAR 65th General / 2nd / 2016 BILL NUMBER: 21 PAGE No. of PAGES TITLE: AN ACT TO AMEND THE ELECTION ACT # SECTION AMENDMENT DATE NOTED: CERTIFIED CORRECT: COMMITTEE CLERK CHAIRMAN, IN COMMITTEE

3 BILL NO An Act to Amend the Election Act BE IT ENACTED by the Lieutenant Governor and the Legislative Assembly of the Province of Prince Edward Island as follows: 1. (1) Subsection 24.1(5) of the Election Act R.S.P.E.I. 1988, Cap. E- 1.1, is repealed and the following substituted: (5) The Register of Electors shall include, for each elector, (a) the elector s (i) residential address, (ii) mailing address, (iii) legal name, (iv) sex, (v) contact information, and (vi) day, month and year of birth; (b) a unique identification number assigned by the Chief Electoral Officer; (c) any other identification number if one has been assigned by other persons who provide information under section to the Chief Electoral Officer, to assist in distinguishing one person from another or verifying the information about a person; and (d) other information required to be included in an application for registration as prescribed by the Chief Electoral Officer. (5.1) Notwithstanding subsection (1), the Register of Electors may contain information about persons who reside in the Province and may become eligible to vote. (2) Subsection 24.1(6) is amended by the deletion of the words clauses (5)(d) and (e) and the substitution of the words subclauses (5)(a)(iv) and (vi). 2. The Act is amended by the addition of the following after section 24.1: The Chief Electoral Officer may, in respect of persons who are 16 or 17 years of age, reside in the Province and may become eligible to vote, collect any personal information referred to in clauses 24.1(5)(a) and (d) (1) Notwithstanding any enactment, a public body, as defined in the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01, at the request of the Chief Electoral Officer, shall Information about electors Information about persons who may become eligible to vote Information about 16 and 17 year olds Public bodies to provide information 1

4 2 Bill No. 21 An Act to Amend the Election Act 2016 provide the personal information held by that body that is required to create, revise or update the Register of Electors. Use of information provided Retention of information provided (2) The information provided to the Chief Electoral Officer under subsection (1) shall only be used for the purpose of creating, revising or updating the Register of Electors. (3) The Chief Electoral Officer may retain information collected under subsection (1) for the purpose of matching information subsequently collected from time to time with information already contained in the Register of Electors. 2

5 2016 An Act to Amend the Election Act Bill No EXPLANATORY NOTES SECTION 1 repeals a subsection of the Act that relates to the Register of Electors and replaces it with two subsections, to coordinate with other amendments in this Act that will allow for additional information to be collected about those who are or may become eligible to vote, for inclusion in the Register. Section 1 also updates a cross-reference to the subsection that is being replaced. SECTION 2 adds new sections to the Act with respect to maintaining and updating the Register of Electors, specifically a section authorizing the inclusion in the Register of information with respect to persons who reside in the Province, may become eligible to vote and are 16 or 17 years of age and a section that will require public bodies to provide information for use in updating the Register if requested to do so by the Chief Electoral Officer, which includes limits on the use and retention of information provided by public bodies. 3

6 BILL NO. 21 An Act to Amend the Election Act STAGE: DATE: 1st Reading: April 21, nd Reading: To Committee: Reported: 3rd Reading and Pass: Assent: SIGNATURES: Honourable H. Frank Lewis, Lieutenant Governor Honourable Francis (Buck) Watts, Speaker Clerk Honourable H. Wade MacLauchlan Minister of Justice and Public Safety and Attorney General GOVERNMENT BILL nd SESSION, 65th GENERAL ASSEMBLY

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