Canada: Elections Act 2000/ Loi électorale du Canada 2000

Canada:
2000 Canada Elections Act
2000 Loi Électorale du Canada

PART 19

ENFORCEMENT

Peace and Good Order at Elections

Duty to maintain order

479. (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.

Duty of other election officers

(2) Every deputy returning officer, central poll supervisor and person appointed under paragraph 124(1)(b) is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.

Order to leave, arrest without warrant

(3) In performing his or her duty under subsection (1) or (2), an election officer may, if a person is committing, in the returning officer’s office or other place where the vote is taking place, an offence referred to in paragraph 5(a), section 7 or paragraph 167(1)(a) or an offence under this Act or any other Act of Parliament that threatens the maintenance of order, or if the officer believes on reasonable grounds that a person has committed such an offence in such a place, order the person to leave the office or place or arrest the person without warrant.

Order must be obeyed

(4) Every person in respect of whom an order is made to leave an office or place must obey it without delay.

Power to eject

(5) If an order to leave an office or place is not obeyed without delay, the person who made it may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the office or place.

After arrest

(6) The officer, supervisor or appointed person who arrests a person under subsection (3) shall without delay

(a) advise the person of the right to be represented by counsel and give the person an opportunity to obtain counsel; and

(b) deliver the person to a peace officer to be dealt with in accordance with the Criminal Code.

Removal of materials

(7) Where a returning officer, deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b) believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer, supervisor or appointed person may cause to be removed from, in the case of a returning officer, his or her office or, in the case of a deputy returning officer, central poll supervisor or appointed person, the polling station, any material that they believe on reasonable grounds was used in contravention of that paragraph.

Peace officer protection

(8) Every election officer has, while performing their duties under this section, all the protection that a peace officer has by law.

Offences

General Provisions

Obstruction, etc., of electoral process

480. (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 481 or 482 or contravening a provision referred to in any of sections 483 to 499.

Public meetings

(2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.

Offering bribe

481. (1) Every person is guilty of an offence who, during an election period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate.

Accepting bribe

(2) Every elector is guilty of an offence who, during an election period, accepts or agrees to accept a bribe that is offered in the circumstances described in subsection (1).

Intimidation, etc.

482. Every person is guilty of an offence who

(a) by intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election; or

(b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election.

Offences under Part 1 (Electoral Rights)

Offences requiring intent – dual procedure

483. Every person is guilty of an offence who contravenes

(a) paragraph 5(a) (voting when not qualified or entitled) or 5(b) (inducing a person not qualified or entitled to vote, to vote); or

(b) section 7 (voting more than once).

Offences under Part 3 (Election Officers)

Strict liability offences – summary conviction

484. (1) Every former election officer who contravenes paragraph 43(c) (failure to return election documents and election materials) is guilty of an offence.

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who, being a returning officer, wilfully contravenes subsection 24(3) (failure to take necessary election proceedings).

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

(a) contravenes subsection 22(6) (acting as election officer knowing requirements not met);

(b) knowingly contravenes subsection 23(2) (communication of information for unauthorized purpose);

(d) being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity);

(e) contravenes paragraph 43(a) (obstruction of election officer) or wilfully contravenes paragraph 43(b) (impersonation of revising agent); or

(f) being a former election officer, wilfully contravenes paragraph 43(c) (failure to return election documents and election materials).

Offences under Part 4 (Register of Electors)

Offences requiring intent – summary conviction

485. (1) Every person who contravenes paragraph 56(e) (unauthorized use of personal information recorded in Register of Electors) is guilty of an offence.

Offences requiring intent – dual procedure

(2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors) is guilty of an offence.

Offences under Part 6 (Candidates)

Strict liability offences – summary conviction

486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor) or section 87 (failure to appoint a replacement official agent or auditor) is guilty of an offence.

Offences requiring intent – summary conviction

(2) Every person who contravenes section 81 (refusal to give access to building) is guilty of an offence.

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

(a) contravenes section 89 (signing of nomination paper when ineligible);

(b) wilfully contravenes subsection 90(1) (ineligible person acting as official agent) or 90(2) (ineligible person acting as auditor);

(d) contravenes section 92 (publication of false statement of withdrawal of candidate).

Offences under Part 7 (Revision of List of Electors)

Offences requiring intent – summary conviction

487. (1) Every person who contravenes paragraph 111(b) or (c) (applying improperly to be included on list of electors) or 111(f) (unauthorized use of personal information contained in list of electors) is guilty of an offence.

Offences requiring intent – dual procedure

(2) Every person who contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors) is guilty of an offence.

Offences under Part 8 (Preparation for the Vote)

Offences requiring intent – summary conviction

488. (1) Every person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.

Offences requiring intent – dual procedure

(2) Every person is guilty of an offence who

(a) being a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to return ballots or unused ballot paper); or

(b) contravenes paragraph 126(a) (forgery of ballot), 126(c) (knowingly printing extra ballot papers), 126(d) (printing of ballot with intent to influence vote) or 126(e) (manufacture, etc., of ballot box with secret compartment).

Offences under Part 9 (Voting)

Strict liability offences – summary conviction

489. (1) Every person is guilty of an offence who contravenes

(a) being an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees’ wages for time given to vote);

(b) section 165 (prohibited use of loudspeaker); or

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who

(a) contravenes subsection 155(2) (assisting as a friend more than one elector);

(a.1) contravenes subsection 161(6) (vouching for more than one elector);

(b) being an elector, contravenes subsection 164(2) (failure to maintain secrecy); or

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

(a) being an employer, contravenes section 134 (preventing employee from using voting time);

(b) being a friend or relative of an elector, wilfully contravenes subsection 155(4) (disclosing for whom elector voted);

(c) being a candidate, an election officer or a representative of a candidate, contravenes subsection 164(1) (failure to maintain secrecy);

(d) contravenes paragraph 166(1)(c) (influencing vote in polling station);

(e) contravenes any of paragraphs 167(1)(a) to (d) (prohibited acts re ballots) or 167(2)(a) to (d) (prohibited acts re ballots or ballot box with intent to influence vote);

(f) being a deputy returning officer, contravenes paragraph 167(3)(a) (initialling ballot with intent to influence vote); or

(g) being a deputy returning officer, contravenes paragraph 167(3)(b) (placing identifying mark on ballot).

Offences under Part 10 (Advance Polling)

Offences requiring intent – dual procedure

490. Every person is guilty of an offence who

(a) being a deputy returning officer, wilfully contravenes subsection 174(1) (failure to permit person to vote);

(b) being a poll clerk, wilfully contravenes subsection 174(2) (failure to record vote); or

(c) being a deputy returning officer, contravenes section 175 (improper handling of ballot box and ballots at advance poll), being a returning officer, contravenes subsection 176(2) or (3) or, being a deputy returning officer, contravenes subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.

Offences under Part 11 (Special Voting Rules)

Strict liability offences – summary conviction

491. (1) Every returning officer who contravenes section 275 (failure to take required measures re ballots and special ballots) is guilty of an offence.

Offences requiring intent – summary conviction

(2) Every person who contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules) is guilty of an offence.

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

(a) being a deputy returning officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1), section 257 and subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

(b) being a special ballot officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

(c) being a deputy returning officer or poll clerk, contravenes subsection 276(1), being a deputy returning officer, contravenes subsection 277(1), being a poll clerk, contravenes subsection 277(2), being a deputy returning officer, contravenes subsection 277(3), being a deputy returning officer or poll clerk, contravenes subsection 278(1) or (3) or, being a deputy returning officer, contravenes section 279, (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

(d) contravenes paragraph 281(g) or (h) (prohibited acts re special voting rules); or

(e) contravenes paragraph 282(a) or (b) (intimidation or inducement re vote under special voting rules).

Offences under Part 12 (Counting Votes)

Strict liability offences – summary conviction

492. (1) Every returning officer who contravenes section 292 (failure to safeguard ballot box) is guilty of an offence.

Offences requiring intent – dual procedure

(2) Every person is guilty of an offence who

(a) being a deputy returning officer, contravenes any of sections 283 to 288 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

(b) knowingly contravenes subsection 289(3) (premature counting of votes cast at advance poll).

Offence under Part 13 (Validation of Results by the Returning Officer)

Offences requiring intent – summary conviction

493. Every person who wilfully contravenes subsection 296(4) (failure to appear before returning officer) is guilty of an offence.

Offences under Part 15 (Return of the Writ)

Offences requiring intent – dual procedure

494. Every returning officer is guilty of an offence who wilfully contravenes

(a) subsection 313(1) (failure to declare candidate elected); or

(b) section 314 (failure to transmit election documents).

Offences under Part 16 (Communications)

Strict liability offences – summary conviction

495. (1) Every person is guilty of an offence who

(a) being a candidate, a registered party or a person acting on behalf of a candidate or registered party, contravenes section 320 (failure to indicate authority for election advertising);

(b) contravenes subsection 326(1) or (2) (failure to provide election survey information) or, being a sponsor of an election survey, contravenes subsection 326(3) (failure to provide report on election survey results); or

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who,

(a) being a landlord or a condominium corporation, wilfully contravenes section 322 (prohibition of election advertising posters on residential premises); or

(b) contravenes section 325 (removal of election advertising).

Offences requiring intent – summary conviction

(3) Every person who wilfully contravenes section 331 (inducement by foreigners) is guilty of an offence.

Offences requiring intent – fine only, summary conviction

(4) Every person is guilty of an offence who

(a) wilfully contravenes subsection 326(1) or (2) (failure to provide election survey information) or, being a sponsor of an election survey, wilfully contravenes subsection 326(3) (failure to provide report on election survey results);

(b) wilfully contravenes section 327 (failure to indicate survey not based on recognized statistical methods);

(d) wilfully contravenes section 329 (premature transmission of election results);

(e) wilfully contravenes subsection 330(1) or (2) (foreign broadcasting);

(f) being a broadcaster, wilfully contravenes subsection 335(1) or, being a network operator, wilfully contravenes subsection 335(2) (failure to make broadcasting time available);

(g) being a broadcaster, wilfully contravenes subsection 339(3) (failure to make additional broadcasting time available) or 339(4) (failure to adjust broadcasting time) or, being a network operator, wilfully contravenes subsection 345(1) (failure to make free broadcasting time available);

(h) wilfully contravenes section 348 (failure to charge lowest rate for broadcasting time or advertising space);

(i) being a broadcaster or a network operator, fails to comply with an allocation of or entitlement to broadcasting time under this Act; or

(j) being a broadcaster or a network operator, makes available to a registered party or eligible party within the period described in subsection 335(1) more broadcasting time than is required to be made available by it to that party by an allocation under sections 337 and 338 or entitlement under section 339, without making available to each other registered party or eligible party an amount of additional equivalent broadcasting time that is based on the percentage of broadcasting time made available to it by the original allocation or entitlement.

Offences requiring intent – dual procedure

(5) Every person is guilty of an offence who contravenes

(a) subsection 321(1) (conducting election advertising using government means of transmission) or subsection 323(1) (conducting election advertising during blackout period); or

(b) subsection 328(1) (causing transmission of election survey results during blackout period).

Offences under Part 17 (Third Party Election Advertising)

Strict liability offences – summary conviction

496. (1) Every person is guilty of an offence who, being a third party, contravenes

(a) any of subsections 350(1) to (3) (exceeding election advertising expense limits);

(b) section 352 (failure to identify self in advertisement);

(d) section 354 (failure to appoint financial agent) or subsection 355(1) (failure to appoint auditor);

(e) subsection 357(3) (use of anonymous contributions) or section 358 (use of foreign contributions); or

(f) subsection 359(1) (failure to file election advertising report) or 359(9) (failure to provide bills or receipts on request).

Offences requiring intent – dual procedure

(2) Every person is guilty of an offence who, being a third party, wilfully contravenes

(a) any of subsections 350(1) to (3) or section 351 (exceeding or circumventing election advertising expense limits);

(b) subsection 353(1) (failure to register); or

Offences under Part 18 (Finance)

Strict liability offences – summary conviction

497. (1) Every person is guilty of an offence who

(a) being a registered party, contravenes section 372 (failure to provide statement of assets and liabilities or related documents);

(b) being a registered party, contravenes subsection 375(3) or, being a registered party or eligible party, contravenes section 378, subsection 379(1) or (2) or section 380 (failure to comply with requirements re appointment of registered agent, chief agent or auditor);

(c) being a registered party, contravenes subsection 382(1) or (4) (failure to report changes to registered party information);

(d) being a registered party, contravenes section 384 (failure to confirm validity of information on party);

(e) being a chief agent of a suspended party, contravenes section 392 (failure to provide financial transactions return or election expenses return or related documents);

(f) being a chief agent of a suspended party, contravenes section 393 (failure to provide statement of fair market value or related documents);

(g) being a chief agent of a suspended party, contravenes section 396 (failure to provide statement of party’s expenses or related documents);

(h) being a chief agent of a merging registered party, contravenes section 403 (failure to provide financial transactions return or related documents);

(i) being a chief agent or an official agent, contravenes subsection 404(2) (failure to return or pay amount of ineligible contribution);

(j) contravenes subsection 410(1) or (2) (failure to document payment);

(k) being a person authorized to pay petty expenses, contravenes subsection 411(3) (failure to provide documentation of expenditures) or 411(4) (paying excessive petty expenses);

(l) being a chief agent, contravenes subsection 423(1) (exceeding election expense limit) or, being a registered party or third party, contravenes subsection 423(2) (colluding to circumvent election expense limit);

(m) being a chief agent, contravenes section 424 (failure to provide financial transactions return or related documents);

(n) being a registered agent, contravenes section 425 (failure to forward excess contributions);

(o) being a chief agent, contravenes paragraph 427(b) (providing incomplete financial transactions return);

(p) being a registered party, contravenes section 428 (failure to prepare trust fund return);

(q) being a chief agent, contravenes section 429 (failure to provide election expenses return or related documents);

(r) being an official agent, contravenes section 437 (failure to satisfy bank account requirements);

(s) being an official agent, a candidate or a person authorized under paragraph 446(c), contravenes subsection 439(2) (incurring more than maximum allowed for notice of nomination meetings) or subsection 443(1) (exceeding election expenses limit) or, being an official agent, candidate, person authorized under paragraph 446(c) or a third party, contravenes subsection 443(2) (colluding to circumvent election expense limit);

(t) being an official agent, contravenes subsection 445(1) (failure to pay recoverable claim in timely manner);

(u) being an official agent, contravenes any of subsections 451(1) to (4) (failure to provide electoral campaign return or related documents);

(v) being a candidate, contravenes subsection 451(5) (failure to send declaration re electoral campaign return to agent);

(w) being an official agent, contravenes section 452 (failure to pay value of contribution that cannot be returned);

(x) being an official agent, contravenes section 455 (failure to provide updated electoral campaign return or related documents);

(y) being an official agent, contravenes paragraph 463(1)(b) (providing incomplete electoral campaign return);

(z) being an official agent, contravenes subsection 472(2) or section 473 (failure to dispose of surplus electoral funds);

(z.1) being a registered agent or an electoral district association, contravenes section 476 (improper or unauthorized transfer of contributions); or

(z.2) being an official agent, contravenes subsection 478(2) (failure to return unused income tax receipts).

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who

(a) being a person or an entity, knowingly contravenes subsection 405(1) (contribution to registered party coming from other source) or, not being a chief agent or registered agent, knowingly contravenes subsection 405(3) (accepting contributions); or

(b) not being a chief agent, a registered agent or a person authorized under paragraph 446(c), knowingly contravenes section 416 (paying or incurring registered party’s expenses).

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

(a) being a registered party, wilfully contravenes section 372 (failure to provide statement of assets and liabilities or related documents);

(b) wilfully contravenes subsection 381(1) or (2) (ineligible person acting as chief agent, registered agent or auditor);

(c) being a chief agent of a suspended party, wilfully contravenes section 392 (failure to provide final transactions return or election expenses return or related documents);

(d) being the chief agent of a suspended party, wilfully contravenes section 393 (failure to provide statement of fair market value or related documents);

(e) being a chief agent of a suspended party, wilfully contravenes section 396 (failure to provide statement of party’s expenses or related documents);

(f) being a chief agent of a merging registered party, wilfully contravenes section 403 (failure to provide financial transactions returns or related documents);

(g) being a chief agent, wilfully contravenes subsection 423(1) (exceeding election expense limit);

(h) being a registered party or a third party, knowingly contravenes subsection 423(2) (colluding to circumvent election expense limit);

(i) being a chief agent, wilfully contravenes section 424 (failure to provide financial transactions return or related documents);

(j) being a registered agent, wilfully contravenes section 425 (failure to forward excess contributions);

(k) being a chief agent, contravenes paragraph 427(a) (providing financial transactions return containing false or misleading statement);

(l) being a registered party, wilfully contravenes section 428 (failure to prepare trust fund return);

(m) being a chief agent,

(i) wilfully contravenes section 429 (failure to provide election expenses return or related documents), or

(ii) contravenes paragraph 431(a) (providing election expenses return containing false or misleading statement);

(n) being a person or entity, knowingly contravenes subsection 438(1) (making contribution or loan from prohibited source), being a person other than an official agent, contravenes subsection 438(2) or (3) (accepting or issuing receipts for contributions), being a person or entity, other than a candidate, official agent or person authorized under paragraph 446(c), contravenes subsection 438(4) or (5) (paying or incurring electoral campaign expenses) or, being a person other than a candidate or official agent, contravenes subsection 438(6) (paying candidate’s personal expenses);

(o) being a candidate, official agent or person authorized under paragraph 446(c), wilfully contravenes subsection 439(2) (spending more than maximum allowed for notice of nomination meetings);

(p) being an official agent, a candidate or a person authorized under paragraph 446(c), wilfully contravenes subsection 443(1) (exceeding election expenses limit);

(q) being an official agent, a candidate, a person authorized under paragraph 446(c) or a third party, contravenes subsection 443(2) (colluding to circumvent election expenses limit);

(r) being an official agent, wilfully contravenes any of subsections 451(1) to (4) (failure to provide electoral campaign return or related documents);

s) being a candidate, wilfully contravenes subsection 451(5) (failure to send electoral campaign expense declaration);

(t) being an official agent, wilfully contravenes section 452 (failure to pay value of excess contribution);

(u) being an official agent, wilfully contravenes section 455 (failure to provide updated electoral campaign return or related documents);

(v) being an official agent, contravenes paragraph 463(1)(a) or knowingly contravenes paragraph 463(1)(b) (providing electoral campaign return containing false or misleading statement or one that is incomplete);

(w) being an official agent, wilfully contravenes subsection 472(2) or section 473 (failure to dispose of surplus electoral funds); or

(x) being a registered agent or an electoral district association, knowingly contravenes section 476 (unauthorized or improper transfer of contributions).

When certain proceedings may be brought

(4) No proceedings may be commenced before the expiration of the period within which an application may be made under

(a) section 434, in the case of an offence referred to in paragraph (1)(m) or (q) or (3)(i) or subparagraph (3)(m)(i); and

(b) section 459, in the case of an offence referred to in paragraph (1)(u) or (3)(r).

Offences under this Part (Enforcement)

Offence requiring intent – dual procedure

498. Every person who wilfully contravenes subsection 479(4) (refusal to obey order to leave polling place) is guilty of an offence.

Offences under Part 21 (General)

Strict liability offence – summary conviction

499. (1) Every person who contravenes subsection 548(1) (removal of posted election documents) is guilty of an offence.

Offences requiring intent – dual procedure

(2) Every person is guilty of an offence who

(a) knowingly contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or

(b) being a candidate, knowingly contravenes section 550 (signing document that limits freedom of action in Parliament).

Punishment

Punishment – strict liability offences

500. (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 496(1), 497(1) and 499(1) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.

Punishment – offences requiring intent (summary conviction)

(2) Every person who is guilty of an offence under any of subsections 485(1), 487(1), 488(1), 489(2) and 491(2), section 493 and subsection 495(2) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.

Punishment – offences requiring intent (summary conviction)

(3) Every person who is guilty of an offence under any of subsections 484(2), 486(2), 495(3) and 497(2) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.

Punishment – offences requiring intent (summary conviction – fine only)

(4) Every person who is guilty of an offence under subsection 495(4) is liable on summary conviction to a fine of not more than $25,000.

Punishment – offences requiring intent (dual procedure)

(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 481 to 483, subsections 484(3), 485(2), 486(3), 487(2), 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 496(2) and 497(3), section 498 and subsection 499(2) is liable

(a) on summary conviction, to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both; or

(b) on conviction on indictment, to a fine of not more than $5,000 or to imprisonment for a term of not more than five years, or to both.

Additional punishment – third parties

(6) Every third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the election advertising expense limit in question.

Additional penalties

501. When a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order direct the person to

(a) perform community service, subject to any reasonable conditions that may be specified in the order;

(b) compensate any other person who has suffered damages as a result of the commission of the offence;

(d) take any other reasonable measure that the court considers appropriate to ensure compliance with this Act.

Illegal Practices and Corrupt Practices

Illegal practice

502. (1) Every person is guilty of an offence that is an illegal practice who

(a) being a candidate or an official agent of a candidate, contravenes section 92 (publication of false statement of withdrawal of candidate);

(b) being a candidate or an official agent, contravenes subsection 330(2) (foreign broadcasting);

(c) being an official agent, a candidate or a person authorized under paragraph 446(c), wilfully contravenes section 443 (exceeding election expenses limit);

(d) being a candidate or an official agent of a candidate, commits an offence under subsection 480(1) (obstructing electoral process) or 480(2) (inciting, conspiring to act in disorderly manner);

(e) being a candidate, contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or

(f) being a candidate, contravenes section 550 (signing of document that limits freedom of action in Parliament).

Corrupt practice

(2) Every person is guilty of an offence that is a corrupt practice who

(a) being a candidate or an official agent of a candidate, contravenes section 7 (voting more than once);

(b) being a candidate or an official agent of a candidate, contravenes paragraph 43(a) (obstruction of election officer);

(c) being a candidate or an official agent of a candidate, wilfully contravenes paragraph 43(b) (impersonation of revising agent);

(d) being a candidate or an official agent of a candidate, contravenes paragraph 56(b) (making false statement to have person deleted from Register of Electors);

(e) being a candidate or an official agent of a candidate, contravenes paragraph 56(c) or (d) (forbidden acts re Register of Electors);

(f) contravenes section 89 (signing of nomination paper when ineligible);

(g) contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);

(h) contravenes paragraph 167(1)(a) (apply for a ballot under false name); or

(i) being a candidate or an official agent of a candidate, commits an offence under subsection 481(1) (offering bribe).

Consequences of illegal, corrupt practices

(3) Any person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled to

(a) be elected to or sit in the House of Commons; or

(b) hold any office in the nomination of the Crown or of the Governor in Council.

Miscellaneous Provisions

Suspended parties

503. (1) A registered party that is suspended during the election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if the party, during the portion of the election period before the suspension, has spent more than the spending limit set out in section 350.

Eligible party

(2) An eligible party that, during the election period of a general election, does not become a registered party does not commit an offence referred to in paragraph 496(1)(a) or (2)(a) if its election advertising expenses, as of the day that it is informed under subsection 370(4) that it has not been registered, are more than the spending limit set out in section 350.

Prior expenses applied against spending limit

(3) If subsection (1) or (2) applies, election advertising expenses incurred before the suspension or before the day referred to in subsection (2), as the case may be, shall be applied against the spending limit set out in section 350 and, if the limit has been exceeded, the party shall not incur any additional election advertising expenses.

Judicial proceedings involving registered or suspended parties

504. In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party or a suspended party,

(a) the eligible party, registered party or suspended party is deemed to be a person; and

(b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the eligible party, registered party or suspended party, within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the eligible party, registered party or suspended party, as the case may be.

S.C. 2001, c. 21, s. 24.

505. (1) If a third party that is a group commits an offence under section 496, the person who is responsible for the group or its financial agent commits the offence if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the offence.

Prosecution of third parties – vicarious liability

(2) For the purpose of a prosecution brought against a third party under section 496, the third party is deemed to be a person and any act or omission of the person who signed an application made under subsection 353(2) in respect of the third party or, in the absence of an application, the person who would have signed it, or their financial agent, within the scope of that person’s or financial agent’s authority, is deemed to be an act or omission of the third party.

Prosecution of third party – group or corporation ($10,000)

(3) A third party that is a group or corporation and that commits an offence under paragraph 496(1)(c) is liable on conviction to a fine of not more than $10,000 instead of the punishment set out in subsection 500(1).

Prosecution of third party – group or corporation ($25,000)

(4) A third party that is a group or corporation and that commits an offence under paragraph 496(2)(b) is liable on conviction to a fine of not more than $25,000 instead of the punishment set out in subsection 500(5).

Suspended party

506. A suspended party whose chief agent commits an offence under any of paragraphs 497(1)(e), (f) and (g) and (3)(c), (d) and (e) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

Registered party

507. A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o) and (q) and (3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

Evidence

508. In a prosecution for an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.

Commissioner of Canada Elections

Commissioner of Canada Elections

509. The Chief Electoral Officer shall appoint a Commissioner of Canada Elections, whose duty is to ensure that this Act is complied with and enforced.

Chief Electoral Officer to direct inquiry

510. If the Chief Electoral Officer believes on reasonable grounds that an election officer may have committed an offence against this Act or that any person may have committed an offence under any of paragraphs 486(3)(a) and (d), section 488, paragraph 489(3)(g), section 493 and subsection 499(1), the Chief Electoral Officer shall direct the Commissioner to make any inquiry that appears to be called for in the circumstances and the Commissioner shall proceed with the inquiry.

Commissioner may prosecute

511. If the Commissioner believes on reasonable grounds that an offence under this Act has been committed and is of the view that the public interest justifies it, the Commissioner may institute or cause to be instituted a prosecution for the offence

(a) after an inquiry under section 510; or

(b) where no inquiry has been held, on the Commissioner’s own initiative, or after the receipt, within six months after its commission, of a written complaint alleging the commission of the offence.

Commissioner’s consent required

512. (1) No prosecution for an offence under this Act may be instituted by a person other than the Commissioner without the Commissioner’s prior written consent.

Exception

(2) Subsection (1) does not apply to an offence in relation to which an election officer has taken measures under subsection 479(3).

Proof of consent

(3) Every document purporting to be the Commissioner’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Commissioner or by someone acting for the Commissioner or for Her Majesty.

Commissioner may intervene

513. The Commissioner, where he or she considers it to be in the public interest, may take any measures, including incurring any expenses, in relation to an inquiry, prosecution, injunction or compliance agreement under this Act.

Limitation period

514. (1) A prosecution for an offence under this Act must be instituted within eighteen months after the day on which the offence was committed.

Exception

(2) Despite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender’s return.

Allowance of costs

515. (1) Any court of criminal jurisdiction before which a private prosecution is instituted for an offence against this Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution.

Prior recognizance required

(2) A court shall not make an order under subsection (1) unless the prosecutor, before or on the laying of the information, enters into a recognizance with two sufficient sureties, in the amount of $500, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant’s costs in case of acquittal.

Costs of defendant

(3) In case of an information by a private prosecutor for an offence against this Act, if judgment is given for the defendant, the defendant is entitled to recover from the prosecutor the costs incurred by the defendant by reason of the proceedings, which costs shall be taxed by the proper officer of the court in which the judgment is given.

Injunctions

Application for injunction

516. (1) If the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, the Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to a competent court described in subsection 525(1) for an injunction described in subsection (2).

Injunction

(2) If the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:

(a) refrain from committing any act that it appears to the court is contrary to this Act; and

(b) do any act that it appears to the court is required by this Act.

Notice

(3) No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Compliance Agreements

Compliance agreements

517. (1) If the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to 521 called the "contracting party").

Terms and conditions

(2) A compliance agreement may contain any terms and conditions that the Commissioner considers necessary to ensure compliance with this Act.

Obligations of Commissioner

(3) Before entering into a compliance agreement, the Commissioner shall

(a) advise the prospective contracting party of the right to be represented by counsel and give him or her an opportunity to obtain counsel; and

(b) obtain the consent of the prospective contracting party to the publication of the agreement under section 521.

Admission of responsibility

(4) A compliance agreement may include a statement by the contracting party in which he or she admits responsibility for the act or omission that constitutes the offence.

Inadmissible in evidence

(5) The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.

Effect of compliance agreement

(6) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Commissioner may not institute such a prosecution.

Renegotiation

(7) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commisioner or contracting party at any time before it is fully executed.

Copy to be provided

(8) The Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (7).

If agreement complied with

518. (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party.

Effect of notice

(2) Service of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the Commissioner from instituting such a prosecution.

If agreement not complied with

519. If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that the Commissioner may institute proceedings against him or her in respect of the original act or omission or, if such proceedings have been instituted and suspended by virtue of subsection 517(6), they may be resumed.

Dismissal of proceedings

520. The court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that he or she has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party’s performance with respect to the agreement, is of the opinion that the proceedings would be unfair.

Publication

521. The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and a summary of the compliance agreement.

PART 20

CONTESTED ELECTIONS

Means of contestation

522. (1) The validity of the election of a candidate may not be contested otherwise than in accordance with this Part.

No effect on rights and obligations

(2) The making of an application to contest an election does not affect any right or obligation of a candidate in that election.

Nul and void election

523. The election of a person is nul and void if, under section 65, the person was not eligible to be a candidate.

Contestation of election

524. (1) Any elector who was eligible to vote in an electoral district, and any candidate in an electoral district, may, by application to a competent court, contest the election in that electoral district on the grounds that

(a) under section 65 the elected candidate was not eligible to be a candidate; or

(b) there were irregularities, fraud or corrupt or illegal practices that affected the result of the election.

Exception

(2) An application may not be made on the grounds for which a recount may be requested under subsection 301(2).

Competent courts

525. (1) The following courts are competent courts for the purposes of this Part:

(a) a court listed in subsection (2) that has jurisdiction in all or part of the electoral district in question; and

(b) the Trial Division of the Federal Court.

Courts

(2) For the purposes of paragraph (1)(a), the courts are

(a) in the Province of Ontario, the Superior Court of Justice;

(b) in the Province of Quebec, the Superior Court;

(c) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory and the Northwest Territories, the Supreme Court;

(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;

(e) in the Provinces of Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court; and

(f) in Nunavut, the Nunavut Court of Justice.

Rules of procedure

(3) An application shall be dealt with without delay and in a summary way. The court may, however, allow oral evidence to be given at the hearing of the application in specific circumstances.

Security, service of application

526. (1) An application must be accompanied by security for costs in the amount of $1,000, and must be served on the Attorney General of Canada, the Chief Electoral Officer, the returning officer of the electoral district in question and all the candidates in that electoral district.

Increase of security

(2) The court may, if it considers it just, increase the amount of the security.

Time limit

527. An application based on a ground set out in paragraph 524(1)(b) must be filed within 30 days after the later of

(a) the day on which the result of the contested election is published in the Canada Gazette, and

(b) the day on which the applicant first knew or should have known of the occurrence of the alleged irregularity, fraud, corrupt practice or illegal practice.

Withdrawal of application

528. An application may not be withdrawn without leave of the court.

Notice of appearance

529. Any person referred to in subsection 526(1) may, within 15 days after being served with the application, file with the court a notice of appearance if he or she wishes to take part in the proceedings.

Evidence

530. In a proceeding in relation to an application, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.

Dismissal of application

531. (1) The court may at any time dismiss an application if it considers it to be vexatious, frivolous or not made in good faith.

Court’s decision

(2) After hearing the application, the court may dismiss it if the grounds referred to in paragraph 524(1)(a) or (b), as the case may be, are not established and, where they are established, shall declare the election null and void or may annul the election, respectively.

Duties of court clerk

(3) The clerk of the court shall

a) send copies of the decision to the persons mentioned in subsection 526(1), to any intervenor and to the Speaker of the House of Commons; and

(b) inform the Speaker of the House of Commons as to whether or not an appeal has been filed under subsection 532(1).

Informing House of Commons

(4) Except when an appeal is filed under subsection 532(1), the Speaker of the House of Commons shall communicate the decision to the House of Commons without delay.

Appeal

532. (1) An appeal from a decision made under subsection 531(2) lies to the Supreme Court of Canada on any question of law or fact, and must be filed within eight days after the decision was given.

Procedure

(2) The Supreme Court shall hear the appeal without delay and in a summary manner.

Copies of decision

(3) The registrar of the Supreme Court shall send copies of the decision to the persons mentioned in subsection 526(1), to any intervenor and to the Speaker of the House of Commons.

Informing House of Commons

(4) The Speaker of the House of Commons shall communicate the decision to the House of Commons without delay.

PART 21

GENERAL

Reports of Chief Electoral Officer

Polling division reports

533. The Chief Electoral Officer shall, in the case of a general election, without delay, and, in the case of a by-election, within 90 days after the return of the writ, publish, in the manner and form that he or she considers appropriate, a report that sets out

(a) by polling division, the number of votes cast for each candidate, the number of rejected ballots and the number of names on the final list of electors; and

(b) any other information that the Chief Electoral Officer considers relevant.

Report to Speaker on general election

534. (1) In the case of a general election, the Chief Electoral Officer shall, within 90 days after the date provided for in paragraph 57(2)(c), make a report to the Speaker of the House of Commons that sets out

(a) any matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer’s office since the last report and that he or she considers should be brought to the attention of the House of Commons; and

(b) any measures that have been taken under subsection 17(1) or (3) or sections 509 to 513 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons.

Report to Speaker on by-elections

(2) If there are one or more by-elections in a year, the Chief Electoral Officer shall, within 90 days after the end of the year, make a report to the Speaker of the House of Commons that sets out

(a) any matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer’s office since the last report under this section and that he or she considers should be brought to the attention of the House of Commons; and

(b) any measures that have been taken under subsection 17(1) or (3), subsection 178(2) or sections 509 to 513 in relation to each of the by-elections and that he or she considers should be brought to the attention of the House of Commons.

Report on proposed legislative amendments

535. The Chief Electoral Officer shall, as soon as possible after a general election, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of this Act.

Submission of report to House of Commons

536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534 or 535 to the House of Commons without delay.

Complaints

537. (1) Every candidate, official agent of a candidate or leader or chief agent of a registered party or eligible party may send to the Chief Electoral Officer a statement in writing that contains any complaint with respect to the conduct of the election or of an election officer or any suggestion as to changes or improvements in the law that the person wishes to make.

Inclusion in a report

(2) If the Chief Electoral Officer considers it appropriate, the Chief Electoral Officer may include in a report referred to in section 534 or 535 any document or a part or a summary of one that relates to a complaint or suggestion received under subsection (1).

Polling Divisions

Minimum of 250 electors

538. (1) Each polling division shall contain at least 250 electors unless the Chief Electoral Officer agrees otherwise.

Boundaries of polling divisions

(2) Subject to subsection (3), the polling divisions of an electoral district in a general election remain the same as at the immediately preceding general election.

Revision

(3) The Chief Electoral Officer may instruct a returning officer to revise the boundaries of any polling division in the returning officer’s electoral district, and may fix the date by which the revision shall be completed.

Factors

(4) The returning officer shall revise the polling divisions in accordance with the instructions of the Chief Electoral Officer, taking into account the polling divisions established by municipal and provincial authorities and the accessibility by electors to the polling stations established in them.

Institutions

(5) A returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of two or more institutions where seniors or persons with a physical disability reside.

Amendments to Schedule 3

Amendments to list of electoral districts

539. (1) Subject to subsection (2), the Chief Electoral Officer may amend the list of electoral districts set out in Schedule 3 by

(a) adding to it, where the Chief Electoral Officer is of the opinion that the exigencies of restricted communication or transportation facilities require the addition for the better operation of this Act, the name of any electoral district that

(i) is described in a representation order declared under the Electoral Boundaries Readjustment Act to be in force, and

(ii) coincides with or includes the whole or a part of an electoral district that was set out in Schedule 3 as it read on July 15, 1971; or

(b) deleting from it the name of any electoral district referred to in subparagraph (a)(ii) that is not described in a representation order referred to in subparagraph (a)(i).

Time

(2) No amendment to the list of electoral districts set out in Schedule 3 may be made later than seven days after a representation order and no such amendment becomes effective until notice of it has been published in the Canada Gazette.

Custody of Election Documents and Documents Relating
to the Register of Electors

Chief Electoral Officer to retain election documents

540. (1) The Chief Electoral Officer shall retain in his or her possession the election documents sent to him or her by a returning officer, with the return of the writ, for at least one year if the election is not contested during that time and, if the election is contested, for one year after the end of the contestation.

Documents relating to Register of Electors

(2) The Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents that relate to the updating of the Register of Electors.

Inspection of documents

(3) No election documents, or documents that relate to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer under subsection (1) or (2) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey.

Exception

(4) Subsection (3) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry made under section 510 or a prosecution for an offence under this Act.

Election documents or papers admissible in evidence when certified

(5) When a judge of a superior court has ordered the production of election documents, the Chief Electoral Officer need not, unless the judge orders otherwise, appear personally to produce them but shall certify the documents and send them by courier to the clerk or registrar of the court, who shall, when the documents have served the purposes of the judge, return them by courier to the Chief Electoral Officer.

Certified documents

(6) Documents purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.

Filmed or electronic evidence

(7) In any proceedings under this Act, a print that is made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and certified by the Chief Electoral Officer or by a person acting in the name of or under the direction of the Chief Electoral Officer, is admissible in evidence for all purposes for which the recorded document would be admitted as evidence, without proof of the signature or official character of the person appearing to have signed the certificate.

Order of Court

(8) A judge may make an order under subsection (3) on being satisfied by evidence on oath that the inspection or production of a document referred to in that subsection is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election or for the purpose of an application under subsection 524(1).

Conditions of inspections

(9) An order for the inspection or production of election documents or documents that relate to the updating of the Register of Electors may be made subject to any conditions with respect to persons, time, place and mode of inspection or production that the judge considers appropriate.

Inspection of instructions, correspondence and other reports

541. (1) All documents referred to in subsections 424(1), 429(1), 451(1) and 455(1), all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions or rulings by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours.

Extracts

(2) Any person may take extracts from documents referred to in subsection (1) and is entitled to obtain copies of them on payment of a fee of up to $0.25 per page.

Evidence

(3) Any copies of documents referred to in subsection (1) purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.

Fees and Expenses of Election Officers

Tariff

542. (1) On the recommendation of the Chief Electoral Officer, the Governor in Council may make a tariff fixing or providing for the determination of fees, costs, allowances and expenses to be paid and allowed to returning officers and other persons employed at or in relation to elections under this Act.

Effective date

(2) The Governor in Council may specify that a tariff made under subsection (1) has effect as of a day that is before the one on which it is made.

Copy to House of Commons

(3) A copy of a tariff made under subsection (1) and of any amendment made to one shall be laid before the House of Commons on any of the first 15 days on which that House is sitting after the making of the tariff or amendment.

Payment of claims

543. All claims that relate to the conduct of an election shall be paid by separate cheques issued from the office of the Receiver General at Ottawa and sent directly to each person who is entitled to payment.

Accountable advance

544. (1) An accountable advance may be made to an election officer to defray office and other incidental expenses in any amount that may be approved under the tariff made under subsection 542(1).

Preparation of accounts

(2) A returning officer shall prepare, in the prescribed form, all accounts to be submitted by the returning officer to the Chief Electoral Officer and is responsible for their correctness.

Increase of fees and allowances

545. (1) If it appears to the Governor in Council that the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at an election, or that a claim for any necessary service performed or for materials supplied for or at an election is not covered by the tariff, the Governor in Council may authorize the payment of any sum or additional sum for the services or materials supplied that the Governor in Council considers just and reasonable.

Payment of additional sums

(2) The Chief Electoral Officer may, in accordance with regulations made by the Governor in Council, in any case in which the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at an election, or for any necessary service performed, authorize the payment of such additional sum for the services as he or she considers just and reasonable.

Taxation of accounts

546. (1) The Chief Electoral Officer shall, in accordance with the tariff made under subsection 542(1), tax all accounts that relate to the conduct of an election and transmit them without delay to the Receiver General.

Rights saved

(2) Despite subsection (1), the rights, if any, of claimants to compel payment or further payment by process of law remain unimpaired.

Notice

Giving of notices

547. (1) When any election officer is by this Act authorized or required to give a public notice and no special mode of notification is indicated, the notice may be in the form and given in the manner established by the Chief Electoral Officer.

Posting of notices, etc.

(2) Notices and other documents required by this Act to be posted may be posted despite any law of Canada or of a province or any municipal ordinance or by-law.

Prohibition – removal of notices

548. (1) No person shall, without authority, remove, cover up or alter any Notice of Election or other document that is authorized or required by this Act to be posted.

Notice

(2) A notice that may be easily read – to the effect that it is an offence with severe penalties to remove, cover up or alter the document – shall appear on, or be posted near, a Notice of Election or other document referred to in subsection (1).

Oaths and Affidavits

Administration of oaths, etc.

549. (1) When an oath or affidavit is authorized or directed to be taken under this Act, it shall be administered by the person who by this Act is expressly required to administer it and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, the returning officer, an assistant returning officer, a deputy returning officer, a poll clerk, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking affidavits in the province.

No fees for oaths, etc.

(2) All oaths or affidavits taken under this Act shall be administered free of charge.

Taking oath falsely

(3) No person shall take falsely an oath that is provided for by this Act.

Compelling or inducing false oath

(4) No person shall compel, induce or attempt to compel or induce any other person to take falsely an oath that is provided for by this Act.

Signed Pledges by Candidates Prohibited

Signed pledges by candidates prohibited

550. No candidate shall sign a written document presented by way of demand or claim made on him or her by any person or association of persons, between the issue of the writ and polling day, if the document requires the candidate to follow a course of action that will prevent him or her from exercising freedom of action in Parliament, if elected, or to resign as a member if called on to do so by any person or association of persons.

By-Elections

Notice of withdrawal of writ

551. If a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, the Chief Electoral Officer shall publish a notice in the Canada Gazette of the withdrawal of the writ and the cancellation of the election.

Forms

Tabling of forms

552. Each form established for the purposes of paragraph 424(1)(a) or 429(1)(a) shall be laid before the House of Commons on any of the first 15 days that it is sitting after the form is made by the Chief Electoral Officer.

Payments out of Consolidated Revenue Fund

Amounts to be paid out of C.R.F.

553. The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund:

(a) any amount payable under section 15;

(b) the remuneration paid to a person employed under section 20, any additional remuneration paid to staff referred to in subsection 19(1) for overtime work to enable the Chief Electoral Officer to exercise his or her powers and discharge his or her duties under this Act and any administration expenses that are incurred for that purpose;

(d) any fees, costs, allowances or expenses referred to in subsection 542(1);

(e) any expenses incurred by the Chief Electoral Officer for preparing and printing election material and for the purchase of election supplies; and

(f) on the certificate of the Chief Electoral Officer, any expenses incurred by, on behalf of or in relation to the Commissioner under sections 509 to 513 and 516 to 521.

Amendments

Application of amendments to subsequent election

554. (1) No amendment to this Act applies in an election for which the writ is issued within six months after the passing of the amendment unless, before the issue of the writ, the Chief Electoral Officer has published a notice in the Canada Gazette that the necessary preparations for the bringing into operation of the amendment have been made and that the amendment may come into force accordingly.

Consolidation of amendments

(2) It is the duty of the Chief Electoral Officer immediately after the passing of an amendment to this Act to consolidate the amendment, so far as necessary, in the copies of the Act printed for distribution to returning officers, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as copies of the Act and the forms and instructions have been so corrected and reprinted.

PART 22

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE

Transitional Provisions

Statement of assets and liabilities – coming into force before July 1

555. (1) If this Act comes into force before July 1 in a year, a registered party that is registered on that coming into force shall, within six months after that coming into force, provide the Chief Electoral Officer with

(a) a statement of its assets and liabilities, including any surplus or deficit, as of December 31 of the previous fiscal year;

(b) a report as to whether in the registered party’s auditor’s opinion the statement presents fairly the information on which it is based in accordance with generally accepted accounting principles; and

Statement of assets and liabilities – coming into force after June 30

(2) If this Act comes into force after June 30 in a year, a registered party that is registered on that coming into force shall, within six months after the end of the then current fiscal year, provide the Chief Electoral Officer with a statement of its assets and liabilities, including any surplus or deficit, as of December 31 of the then current fiscal year, and the documents referred to in paragraphs (1)(b) and (c) in relation to that statement.

Financial reporting – registered parties

556. If this Act comes into force after June 30 in a year,

(a) sections 43 to 46 of the Canada Elections Act, as they read immediately before the coming into force of this Act, apply in respect of the provision of documents by a registered party in relation to its financial transactions for the then current fiscal period; and

(b) section 424 of this Act applies in respect of the provision of documents by a registered party in relation to its financial transactions for all subsequent fiscal periods.

Financial reporting – merging parties

557. If this Act comes into force after June 30 in a year, sections 43 to 46 of the Canada Elections Act, as they read immediately before the coming into force of this Act, apply in respect of the provision of documents by merging parties in relation to their financial transactions for the portion of their then current fiscal periods before the merger takes effect and for any earlier fiscal periods for which those documents have not been provided.

Electoral campaign return of candidate

558. For contributions made before September 1, 2000, the official agent shall include in the electoral campaign return in respect of a candidate the information referred to in paragraphs 451(2)(h) and (i), other than the addresses of the contributors.

S.C. 2001, c. 21, s. 26.

Consequential Amendments

R.S., c. E-3

Electoral Boundaries Readjustment Act

559. Subsection 25(2) of the Electoral Boundaries Readjustment Act is replaced by the following:

Returning officers

(2) For the purpose only of authorizing and enabling the appointment, under section 24 of the Canada Elections Act, of returning officers whenever required, the representation order is deemed to be in force effective on the day on which the proclamation declaring it to be in force was issued.

R.S., c. 1 (5th Supp.)

Income Tax Act

560. (1) Subsections 127(3) to (4.2) of the Income Tax Act are replaced by the following:

Contributions to registered parties and candidates

(3) There may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year in respect of the total of all amounts each of which is a monetary contribution made by the taxpayer in the year to a registered party or to a candidate whose nomination has been confirmed in an election of a member or members to serve in the House of Commons of Canada (in this section referred to as "the total"),

(a) 75% of the total, if the total does not exceed $200,

(b) $150 plus 50% of the amount by which the total exceeds $200, if the total exceeds $200 and does not exceed $550, or

(i) $325 plus 33 1/3% of the amount by which the total exceeds $550, and

(ii) $500,

if payment of each monetary contribution that is included in the total is proven by filing a receipt with the Minister, signed by a registered agent of the registered party or by the official agent of the candidate whose nomination has been confirmed, as the case may be, that contains prescribed information.

Issue of receipts

(3.1) A receipt referred to in subsection (3) shall not be issued

(a) by a registered agent of a registered party, or

(b) by an official agent of a candidate whose nomination has been confirmed

otherwise than in respect of a monetary contribution and to the contributor who made it.

Deposit of amounts contributed

(3.2) An official agent of a candidate whose nomination has been confirmed – other than in an electoral district referred to in Schedule 3 to the Canada Elections Act – who receives a monetary contribution, shall without delay deposit it in an account in the name of the official agent, in his or her capacity as such, in a branch or other office in Canada of a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank, as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

Definitions

(4) In subsections (3), (3.1), (3.2) and (4.1), the terms "official agent", "registered agent" and "registered party" have the meanings assigned to them by subsection 2(1) of the Canada Elections Act and the expression "candidate whose nomination has been confirmed" means a person whom the returning officer has, under subsection 71(1) of that Act, confirmed as a candidate in an election.

Definition of "amount contributed"

(4.1) In subsections (3), (3.1), (3.2) and (4.2), "monetary contribution" made by a taxpayer means a contribution made by the taxpayer to a registered party or to a candidate whose nomination has been confirmed in the form of cash or in the form of a negotiable instrument issued by the taxpayer, but does not include

(a) a monetary contribution made by an official agent of a candidate whose nomination has been confirmed or a registered agent of a registered party (in the agent’s capacity as official agent or registered agent, as the case may be) to another such official agent or registered agent, as the case may be; or

(b) a monetary contribution in respect of which the taxpayer has received or is entitled to receive a financial benefit of any kind (other than a prescribed financial benefit or a deduction under subsection (3)) from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan or deduction from tax or an allowance or otherwise.

Allocation of amount contributed among partners

(4.2) Where a taxpayer was, at the end of a taxation year of a partnership, a member of the partnership, the taxpayer’s share of any monetary contribution made by the partnership in that taxation year that would, if the partnership were a person, be a monetary contribution referred to in subsection (3), is, for the purposes of that subsection, deemed to be a monetary contribution made by the taxpayer in the taxpayer’s taxation year in which the taxation year of the partnership ended.

(2) Subsection 127(3) of the Act, as enacted by subsection (1), applies to the 2000 and subsequent taxation years except that, in its application to money contributions made after 1999 and before the coming into force of this Act, the references in that subsection to "a monetary contribution made", "monetary contribution" and a "candidate whose nomination has been confirmed" shall be read as references to "an amount contributed", "amount contributed" and "an officially nominated candidate", respectively.

(3) Subsections 127(3.2) and (4) of the Act, as enacted by subsection (1), come into force on the day on which this Act comes into force.

R.S., c. P-1

Parliament of Canada Act

561. Subsection 28(1) of the Parliament of Canada Act is replaced by the following:

Vacancy in House of Commons

28. (1) If a vacancy occurs in the House of Commons by reason of the death of a member of the House or the acceptance of an office by a member of the House, or as a result of the contestation of the election of a member of the House under Part 20 of the Canada Elections Act, the Speaker of the House shall, without delay, on being informed of the vacancy by any member of the House in the member’s place or by written notice signed by any two members of the House, or on receipt of the final decision on the contestation of the election, address a warrant of the Speaker to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

562. Subsection 29(2) of the Act is replaced by the following:

Deemed vacancy

(1.1) A warrant may be issued to the Chief Electoral Officer for the issue of a writ for the election of a member of the House of Commons to fill any vacancy that is deemed to occur where a report sent under paragraph 318(a) of the Canada Elections Act is received stating that no candidate was declared elected in the electoral district because of the equality of votes.

Deemed by-election

(1.2) An election held in the circumstances set out in subsection (1.1) is deemed to be a by-election.

When writ may be issued

(2) A writ may be issued

(a) in the case of a writ referred to in subsection (1), at any time after the death or acceptance of office by a member; and

(b) in the case of a writ referred to in subsection (1.1), at any time after the receipt of the report referred to in that subsection.

563. Subsections 30(2) and (3) of the Act are repealed.

564. Subsection 31(3) of the French version of the Act is replaced by the following:

Dissolution du Parlement

(3) En cas de dissolution du Parlement après l’émission du bref, celui-ci est réputé remplacé et retiré.

565. Subparagraph 63(3)(b)(ii) of the Act is replaced by the following:

(ii) at the rate of $13,275 per annum if the member represents any other electoral district listed in Schedule 3 to the Canada Elections Act, and

1992, c. 30

Referendum Act

566. Subsection 13(6) of the French version of the Referendum Act is replaced by the following:

Titre d’un parti

(6) Pour l’application du paragraphe (5), le titre d’un parti s’entend à la fois du titre complet du parti ainsi que de tout autre titre ou abréviation utilisés pour le désigner dans les documents électoraux.

567. The heading before section 29 of the French version of the Act is replaced by the following:

Dépouillement judiciaire

568. (1) Subsections 29(1) and (2) of the Act are replaced by the following:

Application by Her Majesty in right in Canada

29. (1) Her Majesty in right of Canada may, not later than ten days after the validation of results has been completed in an electoral district, apply for a recount of the votes cast in the electoral district on a referendum question to a judge to whom an application for a recount may be made under the Canada Elections Act in respect of the electoral district.

Application by Her Majesty in right of a province or an elector

(2) Her Majesty in right of a province or any elector ordinarily resident in a province may, not later than ten days after the validation of results has been completed in an electoral district in the province, apply for a recount of the votes cast in the electoral district on a referendum question to a judge to whom an application for a recount may be made under the Canada Elections Act in respect of the electoral district.

(2) Subsections 29(5) and (6) of the French version of the Act are replaced by the following:

Dépouillement judiciaire

(5) Le juge ordonne le dépouillement et en fixe la date lorsqu’il est convaincu que les voix exprimées dans la circonscription ont pu être mal comptées ou additionnées, rejetées par erreur ou faire l’objet d’un relevé inexact et qu’il y a une possibilité raisonnable que le dépouillement change le résultat du référendum dans la circonscription.

Délai

(6) La date du dépouillement judiciaire ne peut être postérieure au quatrième jour suivant celui de l’ordonnance de dépouillement.

569. Section 30 of the French version of the Act is replaced by the following:

Présence des électeurs

30. Si le juge est convaincu que soit les électeurs qui favorisent la question, soit ceux qui s’y opposent, ne sont pas représentés au dépouillement, trois électeurs qui le demandent ont le droit d’être présents au nom du groupe d’électeurs non représenté; toutefois, aucune autre personne que celles qui sont visées au présent article ne peut, sans l’autorisation du juge, être présente.

1996, c. 35, s. 91

570. The definition "referendum officer" in subsection 32(1) of the Act is replaced by the following:

"referendum officer"
« fonctionnaire référendaire »

"referendum officer" means returning officers, assistant returning officers, additional assistant returning officers, persons authorized by a returning officer to perform duties under this Act, revising agents, deputy returning officers, poll clerks, registration officers, information officers, persons responsible for maintaining order at a central polling place, central poll supervisors, persons appointed to collect ballot boxes, the special voting rules administrator, special ballot officers, liaison officers for correctional institutions and deputy returning officers and poll clerks for correctional institutions.

571. Section 38 of the Act is replaced by the following:

References in offence provisions

38. For the purposes of a prosecution or proceeding under this Act, the references in section 508, subsection 510(1), section 511 and subsections 512(1), 514(1) and 515(1) and (3) of the Canada Elections Act to "this Act" shall be construed as references to "the Referendum Act".

R.S., c. S-26

Supreme Court Act

572. Subsection 59(3) of the Supreme Court Act is replaced by the following:

Non-application to election cases

(3) This section does not apply to appeals under section 532 of the Canada Elections Act.

Repeals

Repeal of R.S., c. C-39

573. The Dominion Controverted Elections Act is repealed.

Repeal of R.S., c. C-45

574. The Corrupt Practices Inquiries Act is repealed.

Repeal of R.S., c. D-3

575. The Disfranchising Act is repealed.

Repeal of R.S., c. E-2

576. The Canada Elections Act is repealed.

Coming into Force

Coming into force

577. This Act comes into force six months after the day on which it is assented to unless, before that time, the Chief Electoral Officer has published a notice in the Canada Gazette that the necessary preparations for the bringing into operation of this Act have been made and that this Act may come into force accordingly.

Source/Fuente: Elections Canada On-Line

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