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

Offences under Part 9 (Voting)

Marginal note:Strict liability offences — summary conviction

• 489 (1) Every person is guilty of an offence who contravenes

  • (a) being an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees’ wages for time given to vote);

  • (b) section 165 (prohibited use of loudspeaker); or

  • (c) paragraph 166(1)(b) (wearing of emblems, etc., in polling station).

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person is guilty of an offence who

  • (a) contravenes subsection 143(5) (attesting to residence of more than one elector);

  • (a.1) contravenes subsection 143(6) (attesting to residence when own residence attested to);

  • (a.2) contravenes subsection 155(2) (assisting as a friend more than one elector);

  • (a.3) contravenes subsection 161(6) (attesting to residence of more than one elector);

  • (a.4) contravenes subsection 161(7) (attesting to residence when own residence attested to);

  • (b) being an elector, contravenes subsection 164(2) (failure to maintain secrecy);

  • (c) contravenes paragraph 166(1)(a) (display of campaign literature in polling place);

  • (d) contravenes subsection 169(5) (attesting to residence of more than one elector); or

  • (e) contravenes subsection 169(6) (attesting to residence when own residence attested to).

• Marginal note:Offences requiring intent — dual procedure

  (3) Every person is guilty of an offence who

  • (a) being an employer, contravenes section 134 (preventing employee from using voting time);

  • (b) being a friend or relative of an elector, wilfully contravenes subsection 155(4) (disclosing for whom elector voted);

  • (b.1) contravenes any of paragraphs 161(5.1)(a) to (d) (forbidden acts re polling day registration);

  • (c) being a candidate, an election officer or a representative of a candidate, contravenes subsection 164(1) (failure to maintain secrecy);

  • (d) contravenes paragraph 166(1)(c) (influencing vote in polling station);

  • (e) contravenes any of paragraphs 167(1)(a) to (d) (prohibited acts re ballots) or 167(2)(a) to (d) (prohibited acts re ballots or ballot box with intent to influence vote);

  • (f) being a deputy returning officer, contravenes paragraph 167(3)(a) (initialling ballot with intent to influence vote); or

  • (g) being a deputy returning officer, contravenes paragraph 167(3)(b) (placing identifying mark on ballot).

Offences under Part 10 (Advance Polling)

Marginal note:Offences requiring intent — dual procedure

490 Every person is guilty of an offence who

• (a) contravenes any of paragraphs 169(4.1)(a) to (d) (forbidden acts re advance polling registration);

• (a.1) being a deputy returning officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);

• (b) being a poll clerk, wilfully contravenes subsection 174(2) (failure to record vote); or

• (c) being a deputy returning officer, contravenes section 175 (improper handling of ballot box and ballots at advance poll), being a returning officer, contravenes subsection 176(2) or (3) or, being a deputy returning officer, contravenes subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.

Offences under Part 11 (Special Voting Rules)

Marginal note:Strict liability offences — summary conviction

• 491 (1) Every returning officer who contravenes section 275 (failure to take required measures re ballots and special ballots) is guilty of an offence.

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person is guilty of an offence who

  • (a) contravenes subsection 237.1(3.1) (attesting to residence of more than one elector);

  • (b) contravenes subsection 237.1(3.2) (attesting to residence when own residence attested to); or

  • (c) contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules).

• Marginal note:Offences requiring intent — dual procedure

  (3) Every person is guilty of an offence who

  • (a) being a deputy returning officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1), section 257 and subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

  • (b) being a special ballot officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

  • (c) being a deputy returning officer or poll clerk, contravenes subsection 276(1), being a deputy returning officer, contravenes subsection 277(1), being a poll clerk, contravenes subsection 277(2), being a deputy returning officer, contravenes subsection 277(3), being a deputy returning officer or poll clerk, contravenes subsection 278(1) or (3) or, being a deputy returning officer, contravenes section 279, (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

  • (d) contravenes paragraph 281(g) or (h) (prohibited acts re special voting rules); or

  • (e) contravenes paragraph 282(a) or (b) (intimidation or inducement re vote under special voting rules).

Offences under Part 12 (Counting Votes)

Marginal note:Strict liability offences — summary conviction

• 492 (1) Every returning officer who contravenes section 292 (failure to safeguard ballot box) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person is guilty of an offence who

  • (a) being a deputy returning officer, contravenes any of sections 283 to 288 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

  • (b) knowingly contravenes subsection 289(3) (premature counting of votes cast at advance poll).

Offence under Part 13 (Validation of Results by the Returning Officer)

Marginal note:Offences requiring intent — summary conviction

493 Every person who wilfully contravenes subsection 296(4) (failure to appear before returning officer) is guilty of an offence.

Offences under Part 15 (Return of the Writ)

Marginal note:Offences requiring intent — dual procedure

494 Every returning officer is guilty of an offence who wilfully contravenes

• (a) subsection 313(1) (failure to declare candidate elected); or

• (b) section 314 (failure to transmit election documents).

Offences under Part 16 (Communications)

Marginal note:Strict liability offences — summary conviction

• 495 (1) Every person is guilty of an offence who

  • (a) being a candidate, a registered party or a person acting on behalf of a candidate or registered party, contravenes section 320 (failure to indicate authority for election advertising);

  • (b) contravenes subsection 326(1) or (2) (failure to provide election survey information) or, being a sponsor of an election survey, contravenes subsection 326(3) (failure to provide report on election survey results); or

  • (c) contravenes section 327 (failure to indicate survey not based on recognized statistical methods).

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person is guilty of an offence who,

  • (a) being a landlord or a condominium corporation, wilfully contravenes section 322 (prohibition of election advertising posters on residential premises); or

  • (b) contravenes section 325 (removal of election advertising).

• Marginal note:Offences requiring intent — summary conviction

  (3) Every person who wilfully contravenes section 331 (inducement by foreigners) is guilty of an offence.

• Marginal note:Offences requiring intent — fine only, summary conviction

  (4) Every person is guilty of an offence who

  • (a) wilfully contravenes subsection 326(1) or (2) (failure to provide election survey information) or, being a sponsor of an election survey, wilfully contravenes subsection 326(3) (failure to provide report on election survey results);

  • (b) wilfully contravenes section 327 (failure to indicate survey not based on recognized statistical methods);

  • (c) wilfully contravenes subsection 328(2) (transmission of election survey results during blackout period);

  • (d) [Repealed, 2014, c. 12, s. 95]

  • (e) wilfully contravenes subsection 330(1) or (2) (foreign broadcasting);

  • (f) being a broadcaster, wilfully contravenes subsection 335(1) or, being a network operator, wilfully contravenes subsection 335(2) (failure to make broadcasting time available);

  • (g) being a broadcaster, wilfully contravenes subsection 339(3) (failure to make additional broadcasting time available) or 339(4) (failure to adjust broadcasting time) or, being a network operator, wilfully contravenes subsection 345(1) (failure to make free broadcasting time available);

  • (h) wilfully contravenes section 348 (failure to charge lowest rate for broadcasting time or advertising space);

  • (i) being a broadcaster or a network operator, fails to comply with an allocation of or entitlement to broadcasting time under this Act; or

  • (j) being a broadcaster or a network operator, makes available to a registered party or eligible party within the period described in subsection 335(1) more broadcasting time than is required to be made available by it to that party by an allocation under sections 337 and 338 or entitlement under section 339, without making available to each other registered party or eligible party an amount of additional equivalent broadcasting time that is based on the percentage of broadcasting time made available to it by the original allocation or entitlement.

• Marginal note:Offences requiring intent — dual procedure

  (5) Every person is guilty of an offence who contravenes

  • (a) subsection 321(1) (conducting election advertising using government means of transmission) or subsection 323(1) (conducting election advertising during blackout period); or

  • (b) subsection 328(1) (causing transmission of election survey results during blackout period).