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Elections Modernization Act (S.C. 2018, c. 31)

Full Document:  

Assented to 2018-12-13

2000, c. 9Canada Elections Act (continued)

Marginal note:2014, c. 12, s. 108

  • 358 (1) Paragraph 510.1(2)(c) of the Act is replaced by the following:

    • (c) when a prosecution has been instituted under subsection 511(1), information that the Director of Public Prosecutions requires;

    • (c.1) when a review by the Chief Electoral Officer is requested under section 521.14, information that the Chief Elector Officer requires;

  • (2) Subsection 510.1(2) of the Act is amended by adding the following after paragraph (d):

    • (d.1) information that is required to be disclosed in the course of an application for judicial review in respect of a decision taken under this Act;

  • (3) Subsection 510.1(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (f):

    • (f.1) information that, in the Commissioner’s opinion, is necessary in order for a person or entity to provide an undertaking; and

359 The Act is amended by adding the following after section 510.1:

Prosecutions

Marginal note:2006, c. 9, s. 130

360 Section 511 of the Act is replaced by the following:

Marginal note:Commissioner may institute a prosecution

  • 511 (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may institute a prosecution or cause one to be instituted.

  • Marginal note:Information

    (2) A prosecution for an offence under this Act is instituted by the laying of an information in writing and under oath before a justice, as defined in section 2 of the Criminal Code.

Marginal note:2006, c. 9, s. 131(1)

361 Subsection 512(1) of the Act is replaced by the following:

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 Commissioner or a person acting under his or her direction, without the prior written consent of the Director of Public Prosecutions provided after consultation with the Commissioner.

Marginal note:2006, c. 9, s. 132

362 Section 513 of the Act is repealed.

Marginal note:2006, c. 9, s. 133(1)

  • 363 (1) Subsections 517(1) and (2) of the Act are replaced by the following:

    Marginal note:Power to enter into compliance agreement

    • 517 (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person or entity 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 the person or entity (in this section and sections 518 to 521 called the “contracting party”).

    • Marginal note:Terms and conditions

      (2) A compliance agreement may contain any terms and conditions that the Commissioner considers necessary, including a requirement that the contracting party pay a specified amount.

  • (2) Paragraph 517(3)(a) of the English version of the Act is replaced by the following:

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

  • (3) Subsection 517(4) of the English version of the Act is replaced by the following:

    • Marginal note:Admission of responsibility

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

  • Marginal note:2006, c. 9, s. 133(2)

    (4) Subsections 517(6) to (8) of the Act are replaced by the following:

    • Marginal note:Remittal of matter despite institution of prosecution

      (7) If a prosecution has been instituted, the Director of Public Prosecutions may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — suspend the prosecution and remit the matter back to the Commissioner so that it may be dealt with in that way.

    • Marginal note:Effect of compliance agreement

      (8) When a compliance agreement is entered into,

      • (a) no prosecution may be instituted against the contracting party for an act or omission that led to the agreement unless there is non-compliance with it; and

      • (b) any prosecution of the contracting party instituted before the agreement was entered into for an act or omission that led to the agreement is suspended unless there is non-compliance with the agreement.

  • Marginal note:2006, c. 9, s. 133(2)

    (5) Subsection 517(10) of the Act is replaced by the following:

    • Marginal note:Copy

      (10) The Commissioner shall provide the contracting party with a copy of the compliance agreement, without delay after it is entered into or renegotiated under subsection (9). The Commissioner shall also provide a copy of the compliance agreement to the Director of Public Prosecutions if a prosecution of the contracting party had been instituted before the agreement was entered into.

Marginal note:2006, c. 9, s. 134; 2014, c. 12, s. 110

364 Sections 518 to 521 of the Act are replaced by the following:

Marginal note: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. The Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution of the contracting party for an act or omission that led to the agreement had been instituted before the agreement was entered into.

  • Marginal note:Effect of service

    (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 institution of any prosecution of the contracting party for the act or omission.

Marginal note:If agreement not complied with

  • 519 (1) If the Commissioner is of the opinion that a contracting party has not complied with a provision of a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing it that, as the case may be,

    • (a) a notice of violation may be served on the contracting party as a result of the failure to comply with the provision of the compliance agreement;

    • (b) a prosecution may be instituted against the contracting party in respect of any act or omission that led to the agreement; or

    • (c) if a prosecution in respect of any act or omission that led to the agreement was suspended by virtue of subsection 517(8), it may be resumed.

  • Marginal note:Copy to Director of Public Prosecutions

    (2) The Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution in respect of any act or omission that led to the agreement had been instituted before the agreement was entered into.

Marginal note:Dismissal of proceedings

520 The court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that the contracting party 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.

Marginal note: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 the text of the compliance agreement, other than the signatures of the individuals who signed it.

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