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)

Miscellaneous Provisions (continued)

Marginal note:Judicial proceedings and compliance agreements

 In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association,

  • (a) the party or association is deemed to be a person; and

  • (b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be.

  • 2000, c. 9, s. 504;
  • 2001, c. 21, s. 24;
  • 2003, c. 19, s. 60.

Marginal note:Prosecution of third parties — groups

  •  (1) If a third party that is a group commits an offence under section 496, the person who is responsible for the group or its financial agent commits the offence if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the offence.

  • Marginal note:Prosecution of third parties — vicarious liability

    (2) For the purpose of a prosecution brought against a third party under section 496, the third party is deemed to be a person and any act or omission of the person who signed an application made under subsection 353(2) in respect of the third party or, in the absence of an application, the person who would have signed it, or their financial agent, within the scope of that person’s or financial agent’s authority, is deemed to be an act or omission of the third party.

  • Marginal note:Prosecution of third party — group or corporation ($50,000)

    (3) A third party that is a group or corporation and that commits an offence under paragraph 496(1)(c) is liable on conviction to a fine of not more than $50,000 instead of the punishment set out in subsection 500(1).

  • Marginal note:Prosecution of third party — group or corporation ($100,000)

    (4) A third party that is a group or corporation and that commits an offence under paragraph 496(2)(b) is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5).

  • 2000, c. 9, s. 505;
  • 2014, c. 12, s. 104.

Marginal note:Deeming — calling service providers

 For the purpose of a prosecution brought under subsection 495.1(1) or (2) against a calling service provider that is a group or for the purpose of entering into a compliance agreement with the calling service provider,

  • (a) the calling service provider is deemed to be a person; and

  • (b) any act or thing done or omitted to be done by a member of the calling service provider within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the calling service provider.

  • 2014, c. 12, s. 105.

Marginal note:Deeming — third parties that are groups

  •  (1) For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party that is a group or for the purpose of entering into a compliance agreement with the third party, the third party is deemed to be a person.

  • Marginal note:Official representatives

    (2) If a third party that is a group commits an offence under subsection 495.2(1) or (2), its official representative commits the offence if he or she authorized, consented to or participated in the act or omission that constitutes the offence.

  • 2014, c. 12, s. 105.

Marginal note:Prosecution of third parties — vicarious liability

 For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party, any act or omission of its official representative is deemed to be an act or omission of the third party.

  • 2014, c. 12, s. 105.

Marginal note:Interpretation

 For the purposes of sections 505.1 to 505.3, calling service provider, group, official representative and third party have the same meaning as in section 348.01.

  • 2014, c. 12, s. 105.

Marginal note:Deregistered party — strict liability

  •  (1) A deregistered political party whose chief agent commits an offence under paragraph 497.1(1)(e) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.

  • Marginal note:Deregistered party — offence requiring intent

    (2) A deregistered political party whose chief agent commits an offence under paragraph 497.1(3)(g) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.

  • 2000, c. 9, s. 506;
  • 2003, c. 19, s. 61;
  • 2014, c. 12, ss. 106, 107.

Marginal note:Registered party — strict liability

  •  (1) A registered party whose chief agent commits an offence under any of paragraphs 497.1(1)(h), (i), (k), (l), (m) and (n) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.

  • Marginal note:Registered party — offences requiring intent

    (2) A registered party whose chief agent commits an offence under any of paragraphs 497.1(3)(i), (k), (m), (o) and (p) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.

  • 2000, c. 9, s. 507;
  • 2003, c. 19, s. 61;
  • 2014, c. 12, ss. 106, 107.

Marginal note:Evidence

 In a prosecution for an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.

Commissioner of Canada Elections

Marginal note:Commissioner of Canada Elections

  •  (1) The Commissioner of Canada Elections shall be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, to hold office during good behaviour for a non-renewable term of 10 years and may be removed by the Chief Electoral Officer for cause.

  • Marginal note:Remuneration

    (2) The Commissioner shall be paid the remuneration that is fixed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions.

  • Marginal note:Ineligibility

    (3) A person is not eligible to be appointed as Commissioner if the person is or has been

    • (a) a candidate;

    • (b) an employee of a registered party or a person whose services have been engaged by the registered party to support its electoral or political financing activities; or

    • (c) a member of the staff referred to in any of paragraphs 4(2)(a) to (f) of the Parliamentary Employment and Staff Relations Act or a person referred to in paragraph 4(2)(g) of that Act.

    • (d) and (e) [Repealed, 2018, c. 31, s. 351]

  • Marginal note:No re-appointment

    (4) A person who has served as Commissioner is not eligible for re-appointment to that office.

  • 2000, c. 9, s. 509;
  • 2014, c. 12, ss. 108, 154;
  • 2018, c. 31, s. 351.

Marginal note:Position within Office of the Director of Public Prosecutions

  •  (1) The position of Commissioner of Canada Elections is within the Office of the Director of Public Prosecutions.

  • Marginal note:Deputy head — Financial Administration Act

    (2) For the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.

  • Marginal note:Deputy head — Public Service Employment Act

    (3) For the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.

  • 2014, c. 12, s. 108.

Marginal note:Duty

 The Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced.

  • 2014, c. 12, ss. 108, 157.
 
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