Canada Elections Act (S.C. 2000, c. 9)

Act current to 2012-05-02 and last amended on 2012-04-01. Previous Versions

Marginal note:Director’s consent required

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

  • Marginal note:Exception

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

  • Marginal note:Proof of consent

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

  • 2000, c. 9, s. 512;
  • 2006, c. 9, s. 131.
Previous Version
Marginal note: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, injunction or compliance agreement under this Act.

  • 2000, c. 9, s. 513;
  • 2006, c. 9, s. 132.
Previous Version
Marginal note:Limitation period

  • 514. (1) A prosecution for an offence under this Act may be instituted at any time but not later than five years after the day on which the Commissioner became aware of the facts giving rise to the prosecution but, in any case, not later than 10 years after the day on which the offence was committed.

  • Marginal note: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.

  • Marginal note:Commissioner’s certificate

    (3) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the facts giving rise to a prosecution, is admissible in evidence without proof of the signature or of the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.

  • 2000, c. 9, s. 514;
  • 2003, c. 19, s. 63;
  • 2006, c. 9, s. 59.
Previous Version
Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.