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

Full Document:  

Act current to 2019-06-20 and last amended on 2019-06-13. Previous Versions

PART 19Enforcement (continued)

Offences (continued)

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).

  • 2000, c. 9, s. 495
  • 2014, c. 12, s. 95
  • 2018, c. 31, s. 333

Offences under Division 2 of Part 16.1 (Scripts and Recordings)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every person is guilty of an offence who, being a calling service provider, contravenes

    • (a) paragraph 348.16(a) (obligation to keep scripts);

    • (b) paragraph 348.16(b) (obligation to keep recordings); or

    • (c) paragraph 348.16(c) (obligation to keep list of telephone numbers called).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person who, being a calling service provider, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.

  • 2014, c. 12, s. 96
  • 2018, c. 31, s. 334

Marginal note:Strict liability offences — summary conviction

  •  (1) Every person is guilty of an offence who, being a person or group, contravenes

    • (a) paragraph 348.17(a) or 348.19(a) (obligation to keep scripts);

    • (b) paragraph 348.17(b) or 348.18(a) (obligation to keep recordings); or

    • (c) paragraph 348.17(c), 348.18(b) or 348.19(b) (obligation to keep list of telephone numbers called).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person who, being a person or group, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.

  • 2014, c. 12, s. 96
  • 2018, c. 31, s. 335

Offences under Part 17 (Third Party Advertising, Partisan Activities and Election Surveys)

Offences under Division 0.1 of Part 17 (Prohibition on Use of Foreign Funds by Third Parties)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every third party is guilty of an offence who contravenes

    • (a) section 349.02 (use of foreign contributions); or

    • (b) paragraph 349.03(a) (circumventing prohibition) or 349.03(b) (colluding to circumvent prohibition).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every third party who knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.

  • 2018, c. 31, s. 336
Offences under Division 1 of Part 17 (Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every person is guilty of an offence who, being a third party, contravenes

    • (a) any of subsections 349.1(1) to (3) (exceeding pre-election period expenses limits);

    • (b) section 349.4 (foreign third party incurring pre-election period expenses);

    • (c) section 349.5 (failure to identify self in advertising);

    • (d) subsection 349.6(1) (failure to register);

    • (e) section 349.7 (failure to appoint financial agent) or subsection 349.8(1) (failure to appoint auditor);

    • (f) subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return) or 349.91(10) (failure to provide documents evidencing expenses on request);

    • (g) paragraph 349.93(b) (filing interim third-party expenses return that is substantially incomplete); or

    • (h) section 349.94 (use of anonymous contributions).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) being a third party, knowingly contravenes any of subsections 349.1(1) to (3) or section 349.2 (exceeding or circumventing pre-election period expenses limits);

    • (b) being a third party or registered party, knowingly contravenes subsection 349.3(1) (colluding to influence third party);

    • (c) being a third party or potential candidate, knowingly contravenes subsection 349.3(2) (colluding to influence third party);

    • (d) being a third party or official agent of a potential candidate, knowingly contravenes subsection 349.3(3) (colluding to influence third party);

    • (e) being a third party, knowingly contravenes section 349.4 (foreign third party incurring pre-election period expenses);

    • (f) being a third party, knowingly contravenes subsection 349.6(1) (failure to register);

    • (g) knowingly contravenes subsection 349.7(2) or 349.8(3) (ineligible person acting as financial agent or auditor);

    • (h) being a third party, knowingly contravenes subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return); or

    • (i) being a third party, contravenes paragraph 349.93(a) or knowingly contravenes paragraph 349.93(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).

  • 2018, c. 31, s. 336
 
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