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

Full Document:  

Act current to 2019-08-28 and last amended on 2019-06-13. Previous Versions

PART 18Financial Administration (continued)

DIVISION 6Leadership Contestants (continued)

SUBDIVISION BFinancial Administration of Leadership Contestants (continued)

Marginal note:Notice of estimated surplus

  •  (1) If the Chief Electoral Officer estimates that a leadership contestant has a surplus of leadership campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.

  • Marginal note:Disposal of surplus funds

    (2) The leadership contestant’s financial agent shall dispose of a surplus of leadership campaign funds within 60 days after the day on which they receive the notice of estimated surplus.

  • Marginal note:Disposal without notice

    (3) If a leadership contestant has a surplus of leadership campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s leadership campaign return.

  • 2014, c. 12, s. 86

Marginal note:Method of disposal of surplus

 The leadership contestant’s financial agent shall dispose of surplus leadership campaign funds by transferring them to the registered party that is holding the leadership contest or a registered association of that party.

  • 2014, c. 12, s. 86

Marginal note:Notice of disposal of surplus

  •  (1) A leadership contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

  • Marginal note:Publication

    (2) As soon as feasible after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.

  • 2014, c. 12, s. 86

PART 19Enforcement

Peace and Good Order at Elections

Marginal note:Duty to maintain order

  •  (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.

  • Marginal note:Duty to maintain order

    (2) Every election officer is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.

  • Marginal note:Order to leave

    (3) In performing his or her duty under subsection (1) or (2), an election officer may order a person to leave the returning officer’s office or other place where the vote is taking place if the person is committing — or the officer believes on reasonable grounds that the person has committed — in the office or place an offence under this Act, any other Act of Parliament or any regulation made under any other Act of Parliament that threatens the maintenance of order.

  • Marginal note:Order must be obeyed

    (4) Every person in respect of whom an order is made to leave an office or place must obey it without delay.

  • (5) [Repealed, 2018, c. 31, s. 320]

  • (6) [Repealed, 2018, c. 31, s. 320]

  • Marginal note:Removal of material

    (7) If a returning officer or other election officer believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer may cause any material that they believe on reasonable grounds was used in contravention of that paragraph to be removed from, in the case of a returning officer, his or her office or, in the case of any other election officer, the polling station.

  • Marginal note:Peace officer protection

    (8) Every election officer has, while exercising their powers or performing their duties under this section, all the protection that a peace officer has by law.

  • 2000, c. 9, s. 479
  • 2018, c. 31, s. 320

Offences

General Provisions

Marginal note:Obstruction, etc., of electoral process

  •  (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 480.1, 481, 482 or 482.1 or contravening a provision referred to in any of sections 484 to 499.

  • Marginal note:Public meetings

    (2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.

  • 2000, c. 9, s. 480
  • 2018, c. 31, s. 321

Marginal note:Impersonation

  •  (1) Every person is guilty of an offence who, with intent to mislead, falsely represents themselves to be, or causes anyone to falsely represent themselves to be,

    • (a) the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff or a person who is authorized to act on the Chief Electoral Officer’s behalf;

    • (b) an election officer or a person who is authorized to act on an election officer’s behalf;

    • (c) a person who is authorized to act on behalf of the Office of the Chief Electoral Officer;

    • (d) a person who is authorized to act on behalf of a registered party or a registered association; or

    • (e) a candidate or a person who is authorized to act on a candidate’s behalf.

  • Marginal note:Exception

    (2) A person does not commit an offence under subsection (1) if they establish that the representation was manifestly for the purpose of parody or satire.

  • 2014, c. 12, s. 88
  • 2018, c. 31, s. 322

Marginal note:Misleading publications

  •  (1) Every person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate if

    • (a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; and

    • (b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate.

  • Marginal note:Factors

    (2) In determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use of

    • (a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or

    • (b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party.

  • Marginal note:Exception — parody or satire

    (3) A person or entity does not commit an offence under subsection (1) if they establish that the material was manifestly distributed, transmitted or published for the purpose of parody or satire.

  • 2000, c. 9, s. 481
  • 2018, c. 31, s. 323

Marginal note:Unauthorized use of computer

  •  (1) Every person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election,

    • (a) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;

    • (b) uses or causes to be used, directly or indirectly, a computer system with intent to

      • (i) commit an offence under paragraph (a),

      • (ii) destroy or alter computer data,

      • (iii) render computer data meaningless, useless or ineffective,

      • (iv) obstruct, interrupt or interfere with the lawful use of computer data, or

      • (v) obstruct, interrupt or interfere with a person or entity in the lawful use of computer data or deny access to computer data to a person or entity that is entitled to access to it;

    • (c) uses, possesses or traffics in, or permits another person or entity to have access to, a computer password that would enable a person or entity to commit an offence under paragraph (a) or (b); or

    • (d) attempts to commit any offence referred to in paragraphs (a) to (c).

  • Marginal note:Words and expressions

    (2) Words and expressions used in subsection (1) have the same meaning as in subsection 342.1(2) of the Criminal Code.

  • 2000, c. 9, s. 482
  • 2018, c. 31, s. 323
 
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