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

Full Document:  

Act current to 2019-05-07 and last amended on 2019-04-01. Previous Versions

PART 19Enforcement (continued)

Offences (continued)

Offences under Part 6 (Candidates)

  •  (1) [Repealed, 2014, c. 12, s. 91]

  • Marginal note:Offences requiring intent — summary conviction

    (2) Every person who contravenes subsection 81(1) (refusal to give access to building or gated community) or subsection 81.1(1) (refusal to give access to place open to the public) is guilty of an offence.

  • Marginal note:Offences requiring intent — dual procedure

    (3) Every person is guilty of an offence who

    • (a) contravenes section 89 (signing of nomination paper when ineligible);

    • (b) [Repealed, 2014, c. 12, s. 91]

    • (c) contravenes subsection 91(1) (making or publishing false statement to affect election results); or

    • (d) knowingly contravenes section 92 (publishing false statement of withdrawal of candidate).

    • (e) to (g) [Repealed, 2014, c. 12, s. 91]

  • Marginal note:Offences requiring intent — dual procedure

    (4) Every entity is guilty of an offence that

    • (a) contravenes subsection 91(1) (making or publishing false statement to affect election results); or

    • (b) knowingly contravenes section 92 (publishing false statement of candidate’s withdrawal).

  • 2000, c. 9, s. 486
  • 2006, c. 9, s. 56
  • 2007, c. 21, s. 37
  • 2014, c. 12, s. 91
  • 2018, c. 31, s. 327

Offences under Part 7 (Revision of List of Electors)

Marginal note:Offences requiring intent — summary conviction

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

    • (a) paragraph 111(b) or (c) (applying improperly to be included on list of electors); or

    • (b) paragraph 111(f) (unauthorized use of personal information contained in list of electors).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person who contravenes paragraph 111(a), (d), (d.1) or (e) (forbidden acts re list of electors) is guilty of an offence.

  • 2000, c. 9, s. 487
  • 2007, c. 21, s. 37.1
  • 2014, c. 12, s. 92

Offences under Part 8 (Preparation for the Vote)

Marginal note:Offences requiring intent — summary conviction

  •  (1) Every person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) being a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to return ballots or unused ballot paper); or

    • (b) contravenes paragraph 126(a) (forgery of ballot), 126(c) (knowingly printing extra ballot papers), 126(d) (printing of ballot with intent to influence vote) or 126(e) (manufacture, etc., of ballot box with secret compartment).

Offences under Part 9 (Voting)

Marginal note:Strict liability offences — summary conviction

  •  (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).

  • 2000, c. 9, s. 489
  • 2007, c. 21, s. 38
  • 2014, c. 12, s. 93

Offences under Part 10 (Advance Polling)

Marginal note:Offences requiring intent — dual procedure

 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.

  • 2000, c. 9, s. 490
  • 2014, c. 12, s. 94

Offences under Part 11 (Special Voting Rules)

Marginal note:Strict liability offences — summary conviction

  •  (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).

  • 2000, c. 9, s. 491
  • 2014, c. 12, s. 94.1
 
Date modified: