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

Marginal note:Administration of oaths

• 510.04 (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.

Marginal note:Confidentiality

• 510.1 (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.

Prosecutions

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: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: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.

513 [Repealed, 2018, c. 31, s. 362]

Marginal note:Limitation period

• 514 (1) Proceedings in respect of an offence under a provision set out in subsection 500(1) may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose.

• Marginal note:Exception

  (2) Despite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender’s return.

• Marginal note:No limitation period

  (3) Proceedings in respect of an offence under a provision set out in any of subsections 500(2) to (5) may be commenced at any time.

Marginal note:Allowance of costs

• 515 (1) Any court of criminal jurisdiction before which a private prosecution is instituted for an offence against this Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution.

• Marginal note:Prior recognizance required

  (2) A court shall not make an order under subsection (1) unless the prosecutor, before or on the laying of the information, enters into a recognizance with two sufficient sureties, in the amount of $500, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant’s costs in case of acquittal.

• Marginal note:Costs of defendant

  (3) In case of an information by a private prosecutor for an offence against this Act, if judgment is given for the defendant, the defendant is entitled to recover from the prosecutor the costs incurred by the defendant by reason of the proceedings, which costs shall be taxed by the proper officer of the court in which the judgment is given.

Injunctions

Marginal note:Application for injunction

• 516 (1) If the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, the Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to a competent court described in subsection 525(1) for an injunction described in subsection (2).

• Marginal note:Injunction

  (2) If the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:

  • (a) refrain from committing any act that it appears to the court is contrary to this Act; and

  • (b) do any act that it appears to the court is required by this Act.

• Marginal note:Notice

  (3) No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Compliance Agreements

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.

• Marginal note:Obligations of Commissioner

  (3) Before entering into a compliance agreement, the Commissioner shall

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

  • (b) obtain the consent of the prospective contracting party to the publication of the agreement under section 521.

• 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:Inadmissible in evidence

  (5) The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.

• (6) [Repealed, 2018, c. 31, s. 363]

• 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:Renegotiation

  (9) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.

• 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.