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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-13. Previous Versions

PART 19Enforcement (continued)

Investigations (continued)

Marginal note:Witness competent and compellable

  •  (1) An individual who is the subject of an order under paragraph 510.01(1)(a) is competent and may be compelled to give evidence.

  • Marginal note:No individual excused from complying with order

    (2) No individual shall be excused from complying with an order that is made under subsection 510.01(1) on the ground that the testimony or written return required of the individual may tend to incriminate the individual or subject them to any proceeding or penalty.

  • Marginal note:Attendance of individual whose conduct is being investigated

    (3) An individual whose conduct is being investigated during an examination conducted under an order under paragraph 510.01(1)(a), and their counsel, may attend the examination unless the Commissioner or the authorized representative, or the individual being examined, establishes to the satisfaction of the presiding officer that the presence of the individual whose conduct is being investigated would be prejudicial to the effective conduct of the examination or the investigation.

  • Marginal note:Exception

    (4) Subsection (3) does not apply in respect of an examination conducted under an order that was issued ex parte.

  • Marginal note:Testimony, evidence and return not receivable

    (5) Subject to subsection (6), no testimony given by an individual under an order made under paragraph 510.01(1)(a), or written return made by an individual under an order made under paragraph 510.01(1)(b), and no evidence derived from the testimony or written return, shall be used or received against that individual in any civil or criminal proceedings instituted against them, other than a prosecution for an offence under section 482.1 of this Act or section 132 or 136 of the Criminal Code.

  • Marginal note:Part XV of the Criminal Code

    (6) Information contained in the testimony or written return referred to in subsection (5) and information derived from such information may be used in an application under Part XV of the Criminal Code.

  • Marginal note:Fees

    (7) An individual who is the subject of an order made under paragraph 510.01(1)(a) is entitled to the fees and allowances for so doing as if they were summoned to attend before a superior court of the province in which the individual is summoned to attend.

  • Marginal note:Representation by counsel

    (8) A presiding officer shall permit an individual who is being examined under an order made under paragraph 510.01(1)(a) to be represented by counsel.

  • 2018, c. 31, s. 357

Marginal note:Presiding officer

  •  (1) Any individual who is a barrister or advocate of at least ten years standing at the bar of a province, or who has been a barrister or advocate at the bar of a province for at least ten years, may be designated as a presiding officer.

  • Marginal note:Remuneration and expenses

    (2) A presiding officer is to be paid the remuneration fixed in the order designating them as such, and is entitled to be paid the travel and living expenses, incurred in the performance of their duties under this Act, in accordance with Treasury Board directives.

  • 2018, c. 31, s. 357

Marginal note:Administration of oaths

  •  (1) The presiding officer may administer oaths for the purpose of examinations conducted under an order made under paragraph 510.01(1)(a).

  • Marginal note:Orders of presiding officer

    (2) A presiding officer may make any order that they consider to be proper for the conduct of an examination under an order made under paragraph 510.01(1)(a).

  • Marginal note:Examination to be in private

    (3) The examination before the presiding officer shall be conducted in private.

  • Marginal note:Application to judge

    (4) A judge may, on application by a presiding officer, order any individual to comply with an order made by the presiding officer under subsection (2).

  • Marginal note:Notice

    (5) No order may be made under subsection (4) unless the presiding officer has given the individual in respect of whom the order is sought and the Commissioner 24 hours’ notice of the hearing of the application for the order, or any shorter notice that the judge to whom the application is made considers reasonable.

  • 2018, c. 31, s. 357

Marginal note:Confidentiality

  •  (1) Subject to subsection (2), neither the Commissioner nor any person acting under his or her direction shall disclose any information relating to an investigation that comes to their knowledge in the exercise of their powers or the performance of their duties and functions under this Act, including information that reveals or from which may be inferred the name of the complainant, if any, the person whose conduct is being investigated or any witness.

  • Marginal note:Disclosure authorized

    (2) The Commissioner may disclose or may authorize any person acting under his or her direction to disclose

    • (a) with the consent of the person in question, the name of any of the following: the complainant, if any, the person whose conduct is being investigated and any witness;

    • (b) information that, in the Commissioner’s opinion, is necessary to carry out an investigation;

    • (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;

    • (d) information that is required to be disclosed in the course of a prosecution for an offence under this Act;

    • (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;

    • (e) information that is required to be disclosed under any other Act of Parliament;

    • (f) information that, in the Commissioner’s opinion, is necessary in order to enter into or renegotiate a compliance agreement;

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

    • (g) information whose disclosure is, in the Commissioner’s opinion, in the public interest.

  • Marginal note:Public interest

    (3) For the purposes of paragraph (2)(g), the Commissioner shall take into consideration the effects of disclosure on

    • (a) the privacy rights of any person who is the subject of the disclosure;

    • (b) the right of the person under investigation to be presumed innocent until proved guilty according to law; and

    • (c) public confidence in the fairness of the electoral process.

  • 2014, c. 12, s. 108
  • 2018, c. 31, s. 358

Prosecutions

Marginal note:Commissioner may institute a prosecution

  •  (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.

  • 2000, c. 9, s. 511
  • 2003, c. 19, s. 62
  • 2006, c. 9, s. 130
  • 2018, c. 31, s. 360

Marginal note:Director’s consent required

  •  (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:Exception

    (2) Subsection (1) does not apply to an offence in relation to which an election officer has taken measures under subsection 479(3).

  • Marginal note:Proof of consent

    (3) Every document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty.

  • 2000, c. 9, s. 512
  • 2006, c. 9, s. 131
  • 2018, c. 31, s. 361
 
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