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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-06-13. 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);

    • (p.1) being a leadership contestant, contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

    • (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 the financial agent of a leadership contestant, 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 certain 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);

    • (r.1) being a leadership contestant, knowingly contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

    • (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);

    • (t.1) being a leadership contestant, contravenes section 478.921 (sending false or misleading declaration);

    • (u) being the financial agent of a leadership contestant, 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
  • 2018, c. 31, s. 344

Offences under this Part (Enforcement)

Marginal note:Strict liability offence — summary conviction

  •  (1) Every chief agent of a registered party is guilty of an offence who fails to comply with a requirement of the Commissioner under section 510.001.

  • Marginal note:Offence requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) knowingly contravenes subsection 479(4) (refusal to obey order to leave office or place); or

    • (b) being the chief agent of a registered party, knowingly fails to comply with a requirement of the Commissioner under section 510.001.

  • 2000, c. 9, s. 498
  • 2018, c. 31, s. 344.1
 
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