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

Act current to 2017-11-06 and last amended on 2016-01-01. Previous Versions

Offences

General Provisions

Marginal note:Obstruction, etc., of electoral process
  •  (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.

  • Marginal note: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.

Marginal note:Impersonation

 Every person is guilty of an offence who, with intent to mislead, falsely represents themselves to be, or causes anyone to falsely represent themselves to be,

  • (a) the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff or a person who is authorized to act on the Chief Electoral Officer’s behalf;

  • (b) an election officer or a person who is authorized to act on an election officer’s behalf;

  • (c) a person who is authorized to act on behalf of the Office of the Chief Electoral Officer;

  • (d) a person who is authorized to act on behalf of a registered party or a registered association; or

  • (e) a candidate or a person who is authorized to act on a candidate’s behalf.

  • 2014, c. 12, s. 88.
Marginal note:Offering bribe
  •  (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.

  • Marginal note: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).

Marginal note:Intimidation, etc.

 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.

Marginal note:Obstruction, etc.

 Every person is guilty of an offence who obstructs or hinders — or knowingly makes, either orally or in writing, a false or misleading statement to — the Commissioner of Canada Elections or any person acting under his or her direction while the Commissioner or the person acting under his or her direction is exercising or performing powers, duties or functions conferred or imposed on the Commissioner under this Act.

  • 2014, c. 12, s. 89.

Offences under Part 1 (Electoral Rights)

Marginal note:Offences requiring intent — dual procedure

 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)

Marginal note:Strict liability offences — summary conviction
  •  (1) Every former election officer who contravenes paragraph 43(c) (failure to return election documents and election materials) is guilty of an offence.

  • Marginal note:Offences requiring intent — summary conviction

    (2) Every person is guilty of an offence who

    • (a) being a returning officer, wilfully contravenes subsection 24(3) (failure to take promptly any necessary election proceedings); or

    • (b) contravenes subsection 43.1(1) (refusal to give access to building or gated community).

  • Marginal note: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);

    • (b.1) being a field liaison officer, contravenes subsection 23.2(8) (engaging in politically partisan conduct);

    • (c) being a returning officer, contravenes subsection 24(6) (engaging in politically partisan conduct);

    • (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).

  • 2000, c. 9, s. 484;
  • 2007, c. 21, s. 36;
  • 2014, c. 12, s. 90.

Offences under Part 4 (Register of Electors)

Marginal note:Offences requiring intent — summary conviction
  •  (1) Every person who contravenes paragraph 56(e) (unauthorized use of personal information recorded in Register of Electors) is guilty of an offence.

  • Marginal note: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)

  •  (1) [Repealed, 2014, c. 12, s. 91]

  • Marginal note:Offences requiring intent — summary conviction

    (2) Every person who contravenes subsection 81(1) (refusal to give access to building or gated community) or subsection 81.1(1) (refusal to give access to place open to the public) is guilty of an offence.

  • Marginal note: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) [Repealed, 2014, c. 12, s. 91]

    • (c) contravenes section 91 (making false statement re candidate); or

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

    • (e) to (g) [Repealed, 2014, c. 12, s. 91]

  • 2000, c. 9, s. 486;
  • 2006, c. 9, s. 56;
  • 2007, c. 21, s. 37;
  • 2014, c. 12, s. 91.

Offences under Part 7 (Revision of List of Electors)

Marginal note:Offences requiring intent — summary conviction
  •  (1) Every person is guilty of an offence who contravenes

    • (a) paragraph 111(b) or (c) (applying improperly to be included on list of electors); or

    • (b) paragraph 111(f) (unauthorized use of personal information contained in list of electors).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person who contravenes paragraph 111(a), (d), (d.1) or (e) (forbidden acts re list of electors) is guilty of an offence.

  • 2000, c. 9, s. 487;
  • 2007, c. 21, s. 37.1;
  • 2014, c. 12, s. 92.

Offences under Part 8 (Preparation for the Vote)

Marginal note:Offences requiring intent — summary conviction
  •  (1) Every person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.

  • Marginal note: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).

 
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