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

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

Miscellaneous Provisions

Marginal note:Deregistered parties
  •  (1) A political party that is deregistered during an 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 deregistration, has spent more than the spending limit set out in section 350.

  • Marginal note:Eligible party

    (2) An eligible party that does not become a registered party during the election period of a general election 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 390(4) that it has not been registered, are more than the spending limit set out in section 350.

  • Marginal note:Prior expenses applied against spending limit

    (3) If subsection (1) or (2) applies, election advertising expenses incurred before the deregistration 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.

  • 2000, c. 9, s. 503;
  • 2003, c. 19, s. 59;
  • 2014, c. 12, s. 103.
Marginal note:Judicial proceedings and compliance agreements

 In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association,

  • (a) the party or association 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 party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be.

  • 2000, c. 9, s. 504;
  • 2001, c. 21, s. 24;
  • 2003, c. 19, s. 60.
Marginal note:Prosecution of third parties — groups
  •  (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.

  • Marginal note: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.

  • Marginal note:Prosecution of third party — group or corporation ($50,000)

    (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 $50,000 instead of the punishment set out in subsection 500(1).

  • Marginal note:Prosecution of third party — group or corporation ($100,000)

    (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 $100,000 instead of the punishment set out in subsection 500(5).

  • 2000, c. 9, s. 505;
  • 2014, c. 12, s. 104.
Marginal note:Deeming — calling service providers

 For the purpose of a prosecution brought under subsection 495.1(1) or (2) against a calling service provider that is a group or for the purpose of entering into a compliance agreement with the calling service provider,

  • (a) the calling service provider is deemed to be a person; and

  • (b) any act or thing done or omitted to be done by a member of the calling service provider within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the calling service provider.

  • 2014, c. 12, s. 105.
Marginal note:Deeming — third parties that are groups
  •  (1) For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party that is a group or for the purpose of entering into a compliance agreement with the third party, the third party is deemed to be a person.

  • Marginal note:Official representatives

    (2) If a third party that is a group commits an offence under subsection 495.2(1) or (2), its official representative commits the offence if he or she authorized, consented to or participated in the act or omission that constitutes the offence.

  • 2014, c. 12, s. 105.
Marginal note:Prosecution of third parties — vicarious liability

 For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party, any act or omission of its official representative is deemed to be an act or omission of the third party.

  • 2014, c. 12, s. 105.
Marginal note:Interpretation

 For the purposes of sections 505.1 to 505.3, calling service provider, group, official representative and third party have the same meaning as in section 348.01.

  • 2014, c. 12, s. 105.
Marginal note:Deregistered party — strict liability
  •  (1) A deregistered political party whose chief agent commits an offence under paragraph 497.1(1)(e) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.

  • Marginal note:Deregistered party — offence requiring intent

    (2) A deregistered political party whose chief agent commits an offence under paragraph 497.1(3)(g) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.

  • 2000, c. 9, s. 506;
  • 2003, c. 19, s. 61;
  • 2014, c. 12, ss. 106, 107.
Marginal note:Registered party — strict liability
  •  (1) A registered party whose chief agent commits an offence under any of paragraphs 497.1(1)(h), (i), (k), (l), (m) and (n) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.

  • Marginal note:Registered party — offences requiring intent

    (2) A registered party whose chief agent commits an offence under any of paragraphs 497.1(3)(i), (k), (m), (o) and (p) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.

  • 2000, c. 9, s. 507;
  • 2003, c. 19, s. 61;
  • 2014, c. 12, ss. 106, 107.
Marginal note:Evidence

 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

Marginal note:Commissioner of Canada Elections
  •  (1) The Commissioner of Canada Elections shall be appointed by the Director of Public Prosecutions to hold office during good behaviour for a term of seven years and may be removed by the Director of Public Prosecutions for cause.

  • Marginal note:No consultation

    (2) The Director of Public Prosecutions shall not consult the Chief Electoral Officer with respect to the appointment of the Commissioner.

  • Marginal note:Ineligibility

    (3) A person is not eligible to be appointed as Commissioner if the person is or has been

    • (a) a candidate;

    • (b) an employee of a registered party or a person whose services have been engaged by the registered party to support its electoral or political financing activities;

    • (c) a member of the staff referred to in any of paragraphs 4(2)(a) to (f) of the Parliamentary Employment and Staff Relations Act or a person referred to in paragraph 4(2)(g) of that Act;

    • (d) the Chief Electoral Officer, a member of his or her staff or a person whose services have been engaged under subsection 20(1); or

    • (e) an election officer referred to in any of paragraphs 22(1)(a) to (b).

  • Marginal note:No re-appointment

    (4) A person who has served as Commissioner is not eligible for re-appointment to that office.

  • 2000, c. 9, s. 509;
  • 2014, c. 12, ss. 108, 154.
 
Date modified: