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

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Act current to 2019-04-25 and last amended on 2019-04-01. Previous Versions

PART 19Enforcement

Peace and Good Order at Elections

Marginal note:Duty to maintain order

  •  (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.

  • Marginal note:Duty of other election officers

    (2) Every deputy returning officer, central poll supervisor and person appointed under paragraph 124(1)(b) is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.

  • Marginal note:Order to leave, arrest without warrant

    (3) In performing his or her duty under subsection (1) or (2), an election officer may, if a person is committing, in the returning officer’s office or other place where the vote is taking place, an offence referred to in paragraph 5(a), section 7 or paragraph 167(1)(a) or an offence under this Act or any other Act of Parliament that threatens the maintenance of order, or if the officer believes on reasonable grounds that a person has committed such an offence in such a place, order the person to leave the office or place or arrest the person without warrant.

  • Marginal note:Order must be obeyed

    (4) Every person in respect of whom an order is made to leave an office or place must obey it without delay.

  • Marginal note:Power to eject

    (5) If an order to leave an office or place is not obeyed without delay, the person who made it may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the office or place.

  • Marginal note:After arrest

    (6) The officer, supervisor or appointed person who arrests a person under subsection (3) shall without delay

    • (a) advise the person of the right to be represented by counsel and give the person an opportunity to obtain counsel; and

    • (b) deliver the person to a peace officer to be dealt with in accordance with the Criminal Code.

  • Marginal note:Removal of materials

    (7) Where a returning officer, deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b) believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer, supervisor or appointed person may cause to be removed from, in the case of a returning officer, his or her office or, in the case of a deputy returning officer, central poll supervisor or appointed person, the polling station, any material that they believe on reasonable grounds was used in contravention of that paragraph.

  • Marginal note:Peace officer protection

    (8) Every election officer has, while performing their duties under this section, all the protection that a peace officer has by law.

Offences

General Provisions

Marginal note:Obstruction, etc., of electoral process

  •  (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 481 or 482 or contravening a provision referred to in any of sections 483 to 499.

  • Marginal note:Public meetings

    (2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.

Marginal note:Impersonation

 Every person is guilty of an offence who, with intent to mislead, falsely represents themselves to be, or causes anyone to falsely represent themselves to be,

  • (a) the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff or a person who is authorized to act on the Chief Electoral Officer’s behalf;

  • (b) an election officer or a person who is authorized to act on an election officer’s behalf;

  • (c) a person who is authorized to act on behalf of the Office of the Chief Electoral Officer;

  • (d) a person who is authorized to act on behalf of a registered party or a registered association; or

  • (e) a candidate or a person who is authorized to act on a candidate’s behalf.

  • 2014, c. 12, s. 88

Marginal note:Offering bribe

  •  (1) Every person is guilty of an offence who, during an election period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate.

  • Marginal note:Accepting bribe

    (2) Every elector is guilty of an offence who, during an election period, accepts or agrees to accept a bribe that is offered in the circumstances described in subsection (1).

Marginal note:Intimidation, etc.

 Every person is guilty of an offence who

  • (a) by intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election; or

  • (b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election.

Marginal note:Obstruction, etc.

 Every person is guilty of an offence who obstructs or hinders — or knowingly makes, either orally or in writing, a false or misleading statement to — the Commissioner of Canada Elections or any person acting under his or her direction while the Commissioner or the person acting under his or her direction is exercising or performing powers, duties or functions conferred or imposed on the Commissioner under this Act.

  • 2014, c. 12, s. 89

Offences under Part 1 (Electoral Rights)

Marginal note:Offences requiring intent — dual procedure

 Every person is guilty of an offence who contravenes

  • (a) paragraph 5(a) (voting when not qualified or entitled) or 5(b) (inducing a person not qualified or entitled to vote, to vote); or

  • (b) section 7 (voting more than once).

Offences under Part 3 (Election Officers)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every former election officer who contravenes paragraph 43(c) (failure to return election documents and election materials) is guilty of an offence.

  • Marginal note:Offences requiring intent — summary conviction

    (2) Every person is guilty of an offence who

    • (a) being a returning officer, wilfully contravenes subsection 24(3) (failure to take promptly any necessary election proceedings); or

    • (b) contravenes subsection 43.1(1) (refusal to give access to building or gated community).

  • Marginal note:Offences requiring intent — dual procedure

    (3) Every person is guilty of an offence who

    • (a) contravenes subsection 22(6) (acting as election officer knowing requirements not met);

    • (b) knowingly contravenes subsection 23(2) (communication of information for unauthorized purpose);

    • (b.1) being a field liaison officer, contravenes subsection 23.2(8) (engaging in politically partisan conduct);

    • (c) being a returning officer, contravenes subsection 24(6) (engaging in politically partisan conduct);

    • (d) being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity);

    • (e) contravenes paragraph 43(a) (obstruction of election officer) or knowingly contravenes paragraph 43(b) (impersonation of election officer); or

    • (f) being a former election officer, wilfully contravenes paragraph 43(c) (failure to return election documents and election materials).

  • 2000, c. 9, s. 484
  • 2007, c. 21, s. 36
  • 2014, c. 12, s. 90
  • 2018, c. 31, s. 325

Offences under Part 4 (Register of Electors and Register of Future Electors)

Marginal note:Offences requiring intent — summary conviction

  •  (1) Every person who contravenes paragraph 56(e) or (e.1) (unauthorized use of personal information recorded in Register of Electors or Register of Future Electors) is guilty of an offence.

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors or Register of Future Electors) is guilty of an offence.

  • 2000, c. 9, s. 485
  • 2018, c. 31, s. 326
 
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