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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)

Miscellaneous Provisions (continued)

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.

Violations

Marginal note:Violation

 Every person or entity that contravenes section 281.3, 281.4 or 281.5 or a provision of any of Parts 16, 17 and 18 – or that fails to comply with a requirement of the Chief Electoral Officer under any of those Parts, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner — commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act.

  • 2018, c. 31, s. 350

Marginal note:Continuing violation

 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.

  • 2018, c. 31, s. 350

Marginal note:How act or omission may be proceeded with

 If an act or omission may be proceeded with as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other.

  • 2018, c. 31, s. 350

Administrative Monetary Penalties

Marginal note:Purpose of penalty

 The purpose of an administrative monetary penalty is to promote compliance with this Act, and not to punish.

  • 2018, c. 31, s. 350

Marginal note:Maximum amount of penalty

  •  (1) Subject to subsection (2), the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity.

  • Marginal note:Maximum — sections 363 and 367

    (2) The maximum administrative monetary penalty for a violation arising from the contravention of section 363 or 367 is an amount equal to twice the amount that was contributed in contravention of that section, plus

    • (a) $1,500, in the case of an individual who contravenes section 363 or 367; and

    • (b) $5,000, in the case of a corporation or an entity that contravenes section 363.

  • 2018, c. 31, s. 350

Marginal note:Criteria for penalty

  •  (1) The amount of an administrative monetary penalty is to be determined taking into account

    • (a) the degree of intention or negligence on the part of the person or entity that committed the violation;

    • (b) the harm done by the violation;

    • (c) whether the person or entity derived any advantage from the violation;

    • (d) whether the person or entity made reasonable efforts to mitigate or reverse the violation’s effects;

    • (e) whether the person or entity has taken steps to avoid committing the violation in the future;

    • (f) whether the person or entity has provided all reasonable assistance to the Commissioner with respect to the violation, including reporting it and providing any relevant information;

    • (g) the person’s or entity’s history of compliance with the provisions of this Act;

    • (h) the person’s or entity’s ability to pay the penalty;

    • (i) any aggravating and mitigating circumstances; and

    • (j) any other factor that, in the opinion of the Commissioner, is relevant.

  • Marginal note:Notice

    (2) The Commissioner may take into account a factor under paragraph (1)(j) only if a notice that sets out the factor has been published on his or her Internet site.

  • Marginal note:Consultations

    (3) Before publishing the notice, the Commissioner shall consult with the Chief Electoral Officer and then

    • (a) consult with the Advisory Committee of Political Parties established by subsection 21.1(1); and

    • (b) publish on his or her Internet site, for the purpose of public consultation, a notice that sets out the proposed factor for at least 30 days.

  • 2018, c. 31, s. 350

Commissioner of Canada Elections

Marginal note:Commissioner of Canada Elections

  •  (1) The Commissioner of Canada Elections shall be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, to hold office during good behaviour for a non-renewable term of 10 years and may be removed by the Chief Electoral Officer for cause.

  • Marginal note:Remuneration

    (2) The Commissioner shall be paid the remuneration that is fixed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions.

  • 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; or

    • (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) and (e) [Repealed, 2018, c. 31, s. 351]

  • 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
  • 2018, c. 31, s. 351
 
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