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

Full Document:  

Act current to 2019-02-28 and last amended on 2019-01-19. Previous Versions

PART 19Enforcement (continued)

Offences (continued)

Offences under Part 18 (Finance) (continued)

Offences under Division 6 of Part 18 (Leadership Contestants)

Marginal note:Strict liability offences — summary conviction

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

    • (a) being a registered party, contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);

    • (b) being a person, contravenes subsection 478.2(1) (failure to register for a leadership contest);

    • (c) being a leadership contestant, contravenes subsection 478.5(2) or section 478.62, 478.63 or 478.64 (failure to comply with requirements re: appointment of leadership campaign agent, financial agent or auditor);

    • (d) being a leadership contestant, contravenes subsection 478.66(1) or (2) (failure to report changes to leadership contestant information);

    • (e) being a leadership contestant, contravenes section 478.67 (failure to file statement of withdrawal);

    • (f) being a registered party, contravenes section 478.68 (failure to file statement of withdrawal of acceptance);

    • (g) being the financial agent of a leadership contestant, contravenes section 478.72 (failure to satisfy bank account requirements);

    • (h) being a leadership contestant or the financial agent of one, contravenes subsection 478.75(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);

    • (i) being the financial agent of a leadership contestant, contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);

    • (j) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);

    • (k) being a leadership contestant, contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);

    • (l) being the financial agent of a leadership contestant, contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);

    • (m) being the financial agent of a leadership contestant, contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);

    • (n) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);

    • (o) being the financial agent of a leadership contestant, contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);

    • (p) being the financial agent of a leadership contestant, contravenes section 478.82 (failure to forward certain contributions);

    • (q) being the financial agent of a leadership contestant, contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);

    • (r) being a leadership contestant or the financial agent of one, contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);

    • (s) being a leadership contestant or the financial agent of one, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); or

    • (t) being the financial agent of a leadership contestant, contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) being a registered party, knowingly contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);

    • (b) being a person, knowingly contravenes subsection 478.2(1) (failure to register for a leadership contest);

    • (c) being a person, knowingly contravenes subsection 478.65(1) or (2) (acting as financial agent, leadership campaign agent or auditor when ineligible to do so);

    • (d) being a leadership contestant, knowingly contravenes section 478.67 (failure to file statement of withdrawal);

    • (e) being a registered party, knowingly contravenes section 478.68 (failure to file statement of withdrawal of acceptance);

    • (f) being a person or entity other than a leadership campaign agent, knowingly contravenes subsection 478.73(1) (acceptance of contribution while ineligible);

    • (g) being a person or entity other than a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);

    • (h) being a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(3) (accepting prohibited contribution);

    • (i) being a person or entity, knowingly contravenes subsection 478.73(4) or (5) (paying or incurring expenses for specified purposes while ineligible);

    • (j) being a person or entity, knowingly contravenes subsection 478.73(6) (paying personal expenses of leadership contestant while ineligible);

    • (k) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);

    • (l) being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);

    • (m) being a leadership contestant, knowingly contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);

    • (n) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);

    • (o) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);

    • (p) being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);

    • (q) being the financial agent of a leadership contestant, knowingly contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);

    • (r) being the financial agent of a leadership contestant, knowingly contravenes section 478.82 (failure to forward certain contributions);

    • (s) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);

    • (t) being a leadership contestant or the financial agent of one, knowingly contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);

    • (u) being a leadership contestant or the financial agent of one, contravenes paragraph 478.93(a) or knowingly contravenes paragraph 478.93(b) (providing document that contains false or misleading information or that is substantially incomplete); or

    • (v) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).

  • 2014, c. 12, s. 99.

Offences under this Part (Enforcement)

Marginal note:Offence requiring intent — dual procedure

 Every person who wilfully contravenes subsection 479(4) (refusal to obey order to leave polling place) is guilty of an offence.

Offences under Part 21 (General)

Marginal note:Strict liability offence — summary conviction

  •  (1) Every person who contravenes subsection 548(1) (removal of posted election documents) is guilty of an offence.

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) knowingly contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or

    • (b) being a candidate, knowingly contravenes section 550 (signing document that limits freedom of action in Parliament).

Punishment

Marginal note:Punishment — strict liability offences

  •  (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 496(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.

  • Marginal note:Punishment — strict liability offences

    (1.1) Every person who is guilty of an offence under section 497.01 is liable on summary conviction to a fine of not more than $1,000.

  • Marginal note:Punishment — offences requiring intent (summary conviction)

    (2) Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1), 489(2) and 491(2), section 493 and subsections 495(2) and (3), 497.1(2) and 497.2(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

  • Marginal note:Punishment — offences requiring intent (summary conviction)

    (3) Every person who is guilty of an offence under subsection 485(1) or paragraph 487(1)(b) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both.

  • (3.1) [Repealed, 2014, c. 12, s. 100]

  • Marginal note:Punishment — offences requiring intent (summary conviction — fine only)

    (4) Every person who is guilty of an offence under subsection 495(4) is liable on summary conviction to a fine of not more than $50,000.

  • Marginal note:Punishment — offences requiring intent (dual procedure)

    (5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 480.1 to 483, subsections 484(3), 485(2) and 486(3), section 487, subsections 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 496(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2) and 497.5(2), section 498 and subsection 499(2) is liable

    • (a) on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than one year, or to both; or

    • (b) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than five years, or to both.

  • Marginal note:Additional punishment — third parties

    (6) Every third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the election advertising expense limit in question.

  • 2000, c. 9, s. 500;
  • 2007, c. 21, s. 39.1;
  • 2014, c. 12, s. 100;
  • 2018, c. 20, s. 11.
 
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