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

Full Document:  

Act current to 2022-06-20 and last amended on 2021-06-29. Previous Versions

PART 19Enforcement (continued)

Offences (continued)

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    • (a) [Repealed, 2018, c. 31, s. 328]

    • (a.1) [Repealed, 2018, c. 31, s. 328]

    • (a.2) [Repealed, 2018, c. 31, s. 328]

    • (a.3) [Repealed, 2018, c. 31, s. 328]

    • (a.4) [Repealed, 2018, c. 31, s. 328]

    • (b) [Repealed, 2018, c. 31, s. 328]

    • (c) contravenes paragraph 166(1)(a) (display of campaign literature in polling place).

    • (d) [Repealed, 2018, c. 31, s. 328]

    • (e) [Repealed, 2018, c. 31, s. 328]

  • 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); or

    • (b) [Repealed, 2018, c. 31, s. 328]

    • (b.1) contravenes any of paragraphs 161(5.1)(a) to (d) (forbidden acts re polling day registration).

    • (c) [Repealed, 2018, c. 31, s. 328]

    • (d) [Repealed, 2018, c. 31, s. 328]

    • (e) [Repealed, 2018, c. 31, s. 328]

    • (f) [Repealed, 2018, c. 31, s. 328]

    • (g) [Repealed, 2018, c. 31, s. 328]

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 an election officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);

  • (b) being an election officer, knowingly contravenes subsection 174(2) (failure to record vote);

  • (c) being an election officer, contravenes any of subsections 175(1) to (3) and (5) (failure to take required measures with respect to advance polling) or 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; or

  • (d) being a returning officer, contravenes subsection 176(2) (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.

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.

  • (2) [Repealed, 2018, c. 31, s. 330]

  • Marginal note:Offences requiring intent — dual procedure

    (3) Every person is guilty of an offence who

    • (a) being a unit election officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1) or, being an election officer, contravenes section 257 or 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 an election 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; or

    • (c) being an election officer, contravenes any of subsection 276(1), section 277, subsections 278(1) and (3) and 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) [Repealed, 2018, c. 31, s. 330]

    • (e) [Repealed, 2018, c. 31, s. 330]

Offences under Part 11.1 (Prohibitions in relation to Voting)

Marginal note:Offences requiring intent — summary conviction

 Every person is guilty of an offence who

  • (a) contravenes subsection 281.6(2) (attempting to obtain information about elector’s vote);

  • (b) knowingly contravenes any of paragraphs 281.6(3)(a) to (c) (secrecy at the poll);

  • (c) knowingly contravenes subsection 281.6(4) (secrecy — marked ballot);

  • (d) knowingly contravenes paragraph 281.7(1)(c) (ballots);

  • (e) knowingly contravenes paragraph 281.8(1)(a) (photograph or video of marked ballot);

  • (f) knowingly contravenes paragraph 281.8(1)(b) (copy of marked ballot);

  • (g) knowingly contravenes paragraph 281.8(1)(c) (distribution of photograph, video or copy of marked ballot);

  • (h) knowingly contravenes paragraph 281.9(a) or (b) (false statement);

  • (i) contravenes subsection 282(1) (person who assists elector — limit);

  • (j) contravenes subsection 282.1(1) (vouching for more than one person);

  • (k) knowingly contravenes any of paragraphs 282.1(2)(a) to (c) (vouching for person contrary to that paragraph);

  • (l) contravenes subsection 282.1(3) (vouchee acting as voucher); or

  • (m) knowingly contravenes section 282.5 (interfering with marking of ballot).

Marginal note:Offences requiring intent — dual procedure

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

    • (a) being the Chief Electoral Officer, knowingly contravenes section 281.1 (voting by Chief Electoral Officer);

    • (b) contravenes section 281.2 (inducing or attempting to induce Chief Electoral Officer to vote);

    • (c) contravenes paragraph 281.3(a) (voting when not qualified);

    • (d) contravenes paragraph 281.3(b) (inducing or attempting to induce a person not qualified to vote, to vote);

    • (e) contravenes paragraph 281.4(a) (voting when not ordinarily resident in electoral district);

    • (f) contravenes paragraph 281.4(b) (inducing or attempting to induce a person who is not ordinarily resident in electoral district to vote);

    • (g) knowingly contravenes subsection 281.5(1) or (2) (voting more than once);

    • (h) knowingly contravenes subsection 281.6(1) (failure to maintain secrecy);

    • (i) contravenes subsection 281.6(5) (secrecy — counting of the votes);

    • (j) knowingly contravenes any of paragraphs 281.7(1)(a), (b) and (d) to (i) (ballots);

    • (k) being an election officer, contravenes paragraph 281.7(2)(a) or (b) (ballots — election officer);

    • (l) being a unit election officer, contravenes subsection 281.7(3) (special ballots — unit election officer);

    • (m) contravenes subsection 282(2) (person who assists elector — secrecy);

    • (n) knowingly contravenes section 282.2 (influencing electors);

    • (o) being an election officer, unit election officer or member of the staff of a returning officer, knowingly contravenes section 282.3 (influencing electors);

    • (p) contravenes subsection 282.4(1) (undue influence by foreigners);

    • (q) knowingly contravenes subsection 282.4(4) (collusion);

    • (r) knowingly contravenes subsection 282.4(5) (selling advertising space);

    • (s) knowingly contravenes section 282.6 (preventing elector from voting);

    • (t) knowingly contravenes subsection 282.7(1) (offering bribe);

    • (u) knowingly contravenes subsection 282.7(2) (accepting bribe); or

    • (v) knowingly contravenes paragraph 282.8(a) or (b) (intimidation, etc.).

  • Marginal note:Offence requiring intent — dual procedure

    (2) Every entity is guilty of an offence that

    • (a) contravenes subsection 282.4(1) (undue influence by foreigners);

    • (b) knowingly contravenes subsection 282.4(4) (collusion); or

    • (c) knowingly contravenes subsection 282.4(5) (selling advertising space).

Offences under Part 12 (Counting Votes)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every returning officer who contravenes section 292 (failure to safeguard ballot box) is guilty of an offence.

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) being an election officer, contravenes any of sections 283 to 288 (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; or

    • (b) knowingly contravenes subsection 289(3) (premature counting of votes cast at advance poll).

Offence under Part 13 (Validation of Results by the Returning Officer)

Marginal note:Offences requiring intent — summary conviction

 Every person who wilfully contravenes subsection 296(4) (failure to appear before returning officer) is guilty of an offence.

Offences under Part 15 (Return of the Writ)

Marginal note:Offences requiring intent — dual procedure

 Every returning officer is guilty of an offence who wilfully contravenes

  • (a) subsection 313(1) (failure to declare candidate elected); or

  • (b) section 314 (failure to transmit election documents).

Offences under Part 16 (Communications)

Marginal note:Strict liability offences — summary conviction

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

    • (a) being a candidate, a registered party or a person acting on behalf of a candidate or registered party, contravenes section 320 (failure to indicate authority for election advertising);

    • (a.1) being the owner or operator of an online platform, contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

    • (a.2) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), contravenes section 325.2 (failure to provide information about self);

    • (b) contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, contravenes subsection 326(3) (failure to ensure report on election survey results is published); or

    • (c) contravenes section 327 (failure to indicate survey not based on recognized statistical methods).

  • Marginal note:Offences requiring intent — summary conviction

    (2) Every person is guilty of an offence who,

    • (a) being a landlord or a condominium corporation, wilfully contravenes section 322 (prohibition of election advertising posters on residential premises); or

    • (b) contravenes section 325 (removal of election advertising).

  • (3) [Repealed, 2018, c. 31, s. 333]

  • Marginal note:Offences requiring intent — fine only, summary conviction

    (4) Every person is guilty of an offence who

    • (a) being the owner or operator of an online platform, knowingly contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

    • (a.1) knowingly contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, knowingly contravenes subsection 326(3) (failure to ensure report on election survey results is published);

    • (b) wilfully contravenes section 327 (failure to indicate survey not based on recognized statistical methods);

    • (c) wilfully contravenes subsection 328(2) (transmission of election survey results during blackout period);

    • (d) [Repealed, 2014, c. 12, s. 95]

    • (e) wilfully contravenes subsection 330(1) or (2) (foreign broadcasting);

    • (f) being a broadcaster, wilfully contravenes subsection 335(1) or, being a network operator, wilfully contravenes subsection 335(2) (failure to make broadcasting time available);

    • (g) being a broadcaster, wilfully contravenes subsection 339(3) (failure to make additional broadcasting time available) or 339(4) (failure to adjust broadcasting time) or, being a network operator, wilfully contravenes subsection 345(1) (failure to make free broadcasting time available);

    • (h) wilfully contravenes section 348 (failure to charge lowest rate for broadcasting time or advertising space);

    • (i) being a broadcaster or a network operator, fails to comply with an allocation of or entitlement to broadcasting time under this Act; or

    • (j) being a broadcaster or a network operator, makes available to a registered party or eligible party within the period described in subsection 335(1) more broadcasting time than is required to be made available by it to that party by an allocation under sections 337 and 338 or entitlement under section 339, without making available to each other registered party or eligible party an amount of additional equivalent broadcasting time that is based on the percentage of broadcasting time made available to it by the original allocation or entitlement.

  • Marginal note:Offences requiring intent — dual procedure

    (5) Every person is guilty of an offence who

    • (a) knowingly contravenes subsection 323(1) (conducting election advertising during blackout period);

    • (a.1) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), knowingly contravenes section 325.2 (failure to provide information about self); or

    • (b) knowingly contravenes subsection 328(1) (causing transmission of election survey results during blackout period).

 
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