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

Full Document:  

Act current to 2019-08-15 and last amended on 2019-06-13. Previous Versions

PART 19Enforcement (continued)

Offences (continued)

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.

  • 2000, c. 9, s. 490
  • 2014, c. 12, s. 94
  • 2018, c. 31, s. 329

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  • (2) [Repealed, 2018, c. 31, s. 330]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

  • 2000, c. 9, s. 491
  • 2014, c. 12, s. 94.1
  • 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).

  • 2018, c. 31, s. 331

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).

  • 2018, c. 31, s. 331

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).

  • 2000, c. 9, s. 492
  • 2018, c. 31, s. 332
 
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