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

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

PART 19Enforcement (continued)

Punishment (continued)

Marginal note:Additional penalties

  •  (1) When a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order direct the person to

    • (a) perform community service, subject to any reasonable conditions that may be specified in the order;

    • (a.1) if the offence results, directly or indirectly, in a financial benefit under this Act, or a contribution for which a receipt referred to in subsection 127(3) of the Income Tax Act was issued, pay to the Receiver General an amount that is not more than the financial benefit or contribution, as the case may be;

    • (b) compensate any other person who has suffered damages as a result of the commission of the offence;

    • (c) perform any obligation the non-performance of which gave rise to the offence; or

    • (d) take any other reasonable measure that the court considers appropriate to ensure compliance with this Act.

  • Marginal note:Additional penalties

    (2) If a registered party, its chief agent or registered agent or one of its officers has been convicted of an offence referred to in subsection (3), the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order,

    • (a) direct the Chief Electoral Officer to deregister the party;

    • (b) if it directs deregistration under paragraph (a), direct the chief agent — or another person specified by the court — to liquidate the party’s assets; and

    • (c) if it directs liquidation under paragraph (b), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association’s assets.

  • Marginal note:Offences

    (3) For the purposes of subsection (2), the provisions are the following:

    • (a) paragraph 497(2)(h) (entering into prohibited agreement);

    • (b) paragraph 497(2)(i) (soliciting or accepting contribution);

    • (c) paragraph 497(2)(j) (collusion);

    • (d) paragraph 497.1(3)(d) (providing or certifying false or misleading information or making false or misleading declaration);

    • (e) paragraph 497.1(3)(e) (providing false or misleading information);

    • (f) paragraph 497.1(3)(k) (failure to provide financial transactions return or related documents);

    • (g) paragraph 497.1(3)(n) (providing document that contains false or misleading information);

    • (h) paragraph 497.1(3)(p) (providing document that contains false or misleading information); and

    • (i) paragraph 497.2(3)(h) (failure to provide financial transactions return or related documents).

  • Marginal note:Documents to be provided to Chief Electoral Officer

    (4) The chief agent or specified person shall, within six months after being directed to liquidate the party’s assets under subsection (2), provide to the Chief Electoral Officer

    • (a) a statement — prepared in accordance with generally accepted accounting principles — of the fair market value of the party’s assets and liabilities on the day of the order;

    • (b) a report by the party’s auditor to the chief agent or specified person containing the auditor’s opinion as to whether the statement presents, in accordance with generally accepted auditing standards, the fair market value of those assets and liabilities; and

    • (c) a declaration in the prescribed form by the chief agent or specified person concerning that statement.

  • Marginal note:Remittance to Receiver General

    (5) Within three months after providing the documents referred to in subsection (4), the chief agent or specified person shall remit an amount equal to any net balance of the assets over liabilities, calculated on the basis of the statement mentioned in paragraph (4)(a), to the Chief Electoral Officer who shall forward that amount to the Receiver General.

  • Marginal note:Liability of chief agent

    (6) The chief agent or specified person is liable for the remittance of the amount referred to in subsection (5).

  • Marginal note:Application to registered associations

    (7) Subsections (4) to (6) apply to the liquidation of a registered association’s assets under subsection (2) and any reference in those subsections to “party” and “chief agent” shall be read as a reference to “registered association” and “financial agent”, respectively.

  • 2000, c. 9, s. 501;
  • 2004, c. 24, s. 22;
  • 2014, c. 12, s. 101.

Illegal Practices and Corrupt Practices

Marginal note:Illegal practice

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

    • (a) being a candidate or an official agent of a candidate, contravenes section 92 (publication of false statement of withdrawal of candidate);

    • (b) being a candidate or an official agent, contravenes subsection 330(2) (foreign broadcasting);

    • (c) being an official agent, a candidate or a person authorized under paragraph 477.55(c), knowingly contravenes section 477.52 (exceeding election expenses limit);

    • (d) being a candidate or an official agent of a candidate, commits an offence under subsection 480(1) (obstructing electoral process) or 480(2) (inciting, conspiring to act in disorderly manner);

    • (e) being a candidate, contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or

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

  • Marginal note:Corrupt practice

    (2) Every person is guilty of an offence that is a corrupt practice who

    • (a) being a candidate or an official agent of a candidate, contravenes section 7 (voting more than once);

    • (b) being a candidate or an official agent of a candidate, contravenes paragraph 43(a) (obstruction of election officer);

    • (c) being a candidate or an official agent of a candidate, wilfully contravenes paragraph 43(b) (impersonation of revising agent);

    • (d) being a candidate or an official agent of a candidate, contravenes paragraph 56(b) (making false statement to have person deleted from Register of Electors);

    • (e) being a candidate or an official agent of a candidate, contravenes paragraph 56(c) or (d) (forbidden acts re Register of Electors);

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

    • (f.1) [Repealed, 2014, c. 12, s. 102]

    • (g) contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);

    • (h) contravenes paragraph 167(1)(a) (apply for a ballot under false name);

    • (h.01) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);

    • (h.1) being a candidate or an official agent of a candidate, commits an offence under section 480.1 (impersonation);

    • (h.2) being a candidate or an official agent of a candidate, commits an offence under section 482.1 (obstruction); or

    • (i) being a candidate or an official agent of a candidate, commits an offence under subsection 481(1) (offering bribe).

  • Marginal note:Consequences of illegal, corrupt practices

    (3) Any person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled to

    • (a) be elected to or sit in the House of Commons; or

    • (b) hold any office in the nomination of the Crown or of the Governor in Council.

  • 2000, c. 9, s. 502;
  • 2006, c. 9, s. 58;
  • 2014, c. 12, s. 102.

Miscellaneous Provisions

Marginal note:Deregistered parties

  •  (1) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if the party, during the portion of the election period before the deregistration, has spent more than the spending limit set out in section 350.

  • Marginal note:Eligible party

    (2) An eligible party that does not become a registered party during the election period of a general election does not commit an offence referred to in paragraph 496(1)(a) or (2)(a) if its election advertising expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, are more than the spending limit set out in section 350.

  • Marginal note:Prior expenses applied against spending limit

    (3) If subsection (1) or (2) applies, election advertising expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against the spending limit set out in section 350 and, if the limit has been exceeded, the party shall not incur any additional election advertising expenses.

  • 2000, c. 9, s. 503;
  • 2003, c. 19, s. 59;
  • 2014, c. 12, s. 103.
 
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