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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-06-13. Previous Versions

PART 19Enforcement (continued)

Illegal Practices and Corrupt Practices

Marginal note:Illegal practice

  •  (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 477.55(c), knowingly contravenes section 477.52 (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) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or

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

  • Marginal note:Corrupt practice

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

    • (a) [Repealed, 2018, c. 31, s. 347]

    • (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, knowingly contravenes paragraph 43(b) (impersonation of election officer);

    • (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);

    • (f.1) [Repealed, 2014, c. 12, s. 102]

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

    • (g.1) contravenes section 281.5 (only one vote);

    • (g.2) contravenes paragraph 281.7(1)(a) (request or apply for a ballot or special ballot under false name);

    • (h) being a candidate or an official agent of a candidate, commits an offence under subsection 282.7(1) (offering bribe);

    • (h.01) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);

    • (h.1) being a candidate or an official agent of a candidate, commits an offence under subsection 480.1(1) (impersonation); or

    • (h.2) being a candidate or an official agent of a candidate, commits an offence under section 482.1 (obstruction).

    • (i) [Repealed, 2018, c. 31, s. 347]

  • Marginal note: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.

  • 2000, c. 9, s. 502
  • 2006, c. 9, s. 58
  • 2014, c. 12, s. 102
  • 2018, c. 31, s. 347

Miscellaneous Provisions

Marginal note:Deregistered parties

  •  (1) A political party that is deregistered during a pre-election period does not commit an offence under paragraph 495.3(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in section 349.1.

  • Marginal note:Prior expenses applied against spending limit

    (1.1) If subsection (1) applies, then partisan activity expenses, partisan advertising expenses and election survey expenses incurred before the deregistration shall be applied against any maximum amount set out in section 349.1 and, if the limit is exceeded, the political party shall not incur any additional partisan activity expenses, partisan advertising expenses or election survey expenses.

  • Marginal note:Deregistered parties

    (1.2) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount 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 under paragraph 496(1)(a) or (2)(a) if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in section 350.

  • Marginal note:Prior expenses applied against spending limit

    (3) If subsection (1.2) or (2) applies, then partisan activity expenses, election advertising expenses and election survey expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against any maximum amount set out in section 350 and, if the maximum amount is exceeded, the party shall not incur any additional partisan activity expenses, election advertising expenses or election survey expenses.

  • 2000, c. 9, s. 503
  • 2003, c. 19, s. 59
  • 2014, c. 12, s. 103
  • 2018, c. 31, s. 348

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 paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, 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 paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the third party is deemed to be a person and any act or omission of the person who signed the application for registration in respect of the third party — or, in the absence of an application, the person who would have signed it — or the third party’s 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 parties — groups or corporations ($50,000)

    (3) If a third party that is a group or corporation commits an offence under paragraph 495.3(1)(d) or 496(1)(c), the third party 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 parties — groups or corporations ($100,000)

    (4) If a third party that is a group or corporation commits an offence under paragraph 495.3(2)(e) or 496(2)(e), the third party 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
  • 2018, c. 31, s. 349

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
 
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