Fair Elections Act (S.C. 2014, c. 12)
Full Document:
Assented to 2014-06-19
87. (1) Subsection 367(1) of the Act is replaced by the following:
Marginal note:Contribution limits
367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
(a) $1,500 in total in any calendar year to a particular registered party;
(b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
(d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.
(2) Section 367 of the Act is amended by adding the following after subsection (1):
Marginal note:Increase to contribution limits
(1.1) The contribution limits set out in subsection (1) increase by $25 on January 1 in each year.
88. The Act is amended by adding the following after section 480:
Marginal note:Impersonation
480.1 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.
89. The Act is amended by adding the following after section 482:
Marginal note:Obstruction, etc.
482.1 Every person is guilty of an offence who obstructs or hinders — or knowingly makes, either orally or in writing, a false or misleading statement to — the Commissioner of Canada Elections or any person acting under his or her direction while the Commissioner or the person acting under his or her direction is exercising or performing powers, duties or functions conferred or imposed on the Commissioner under this Act.
90. Subsection 484(3) of the Act is amended by adding the following after paragraph (b):
(b.1) being a field liaison officer, contravenes subsection 23.2(8) (engaging in politically partisan conduct);
Marginal note:2006, c. 9, s. 56(1)
91. (1) Subsection 486(1) of the Act is repealed.
Marginal note:2006, c. 9, s. 56(2)(F)
(2) Paragraph 486(3)(b) of the Act is repealed.
Marginal note:2006, c. 9, s. 56(3)
(3) Subsection 486(3) of the Act is amended by adding “or” at the end of paragraph (c) and by repealing paragraphs (e) to (g).
92. Subsection 487(2) of the Act is replaced by the following:
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.
Marginal note:2007, c. 21, s. 38(2)
93. (1) Paragraphs 489(2)(a) and (a.1) of the Act are replaced by the following:
(a) contravenes subsection 143(5) (attesting to residence of more than one elector);
(a.1) contravenes subsection 143(6) (attesting to residence when own residence attested to);
Marginal note:2007, c. 21, s. 38(1) and (3)
(2) Paragraphs 489(2)(a.3) and (a.4) of the Act are replaced by the following:
(a.3) contravenes subsection 161(6) (attesting to residence of more than one elector);
(a.4) contravenes subsection 161(7) (attesting to residence when own residence attested to);
Marginal note:2007, c. 21, s. 38(4)
(3) Paragraphs 489(2)(d) and (e) of the Act are replaced by the following:
(d) contravenes subsection 169(5) (attesting to residence of more than one elector); or
(e) contravenes subsection 169(6) (attesting to residence when own residence attested to).
(4) Subsection 489(3) of the Act is amended by adding the following after paragraph (b):
(b.1) contravenes any of paragraphs 161(5.1)(a) to (d) (forbidden acts re polling day registration);
94. Paragraph 490(a) of the Act is replaced by the following:
(a) contravenes any of paragraphs 169(4.1)(a) to (d) (forbidden acts re advance polling registration);
(a.1) being a deputy returning officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);
94.1 Subsection 491(2) of the Act is replaced by the following:
Marginal note:Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) contravenes subsection 237.1(3.1) (attesting to residence of more than one elector);
(b) contravenes subsection 237.1(3.2) (attesting to residence when own residence attested to); or
(c) contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules).
95. Paragraph 495(4)(d) of the Act is repealed.
96. The Act is amended by adding the following after section 495:
Offences under Division 2 of Part 16.1 (Scripts and Recordings)
Marginal note:Strict liability offences — summary conviction
495.1 (1) Every person is guilty of an offence who, being a calling service provider, contravenes
(a) paragraph 348.16(a) (obligation to keep scripts); or
(b) paragraph 348.16(b) (obligation to keep recordings).
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.
Marginal note:Strict liability offences — summary conviction
495.2 (1) Every person is guilty of an offence who, being a person or group, contravenes
(a) paragraph 348.17(a) or section 348.19 (obligation to keep scripts); or
(b) paragraph 348.17(b) or section 348.18 (obligation to keep recordings).
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.
97. (1) Paragraph 496(1)(a) of the Act is replaced by the following:
(a) any of subsections 350(1) to (4) (exceeding election advertising expense limits);
(1.1) Subsection 496(1) of the Act is amended by adding the following after paragraph (a):
(a.1) section 351.1 (foreign third party exceeding election advertising expense limit);
(2) Paragraph 496(2)(a) of the Act is replaced by the following:
(a) any of subsections 350(1) to (4) or section 351 (exceeding or circumventing election advertising expense limits);
(3) Subsection 496(2) of the Act is amended by adding the following after paragraph (a):
(a.1) section 351.1 (foreign third party exceeding election advertising expense limit);
Marginal note:2003, c. 19, s. 58(11)
98. Paragraph 497(3)(f.13) of the Act is replaced by the following:
(f.13) being an individual, knowingly contravenes subsection 405(1) or (4.1) (exceeding contribution limit);
Marginal note:2003, c. 19, ss. 58(1) to (6) and (8) to (17); 2004, c. 24, s. 21; 2006, c. 9, s. 57; 2007, c. 21, s. 39(1), 39(2)(E) and 39(3)
99. Section 497 of the Act is replaced by the following:
Offences under Division 1 of Part 18 (General Financial Provisions)
Marginal note:Strict liability offences — summary conviction
497. (1) Every person is guilty of an offence who
(a) being a person or entity, contravenes subsection 363(1) (making contribution while ineligible);
(b) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes subsection 363(2) (failure to return or pay amount of ineligible contribution);
(c) being a registered party or an electoral district association of one, contravenes subsection 365(1) (making prohibited transfer);
(d) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, contravenes section 366 (failure to issue receipt);
(e) being a person or entity, contravenes subsection 368(1) (circumventing contribution limit);
(f) being a person or entity, contravenes subsection 368(2) (concealing source of contribution);
(g) being an individual, contravenes section 370 (making indirect contributions);
(h) being a person authorized under this Act to accept contributions, contravenes section 372 (failure to return or pay amount of contribution);
(i) being a person or entity, contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money);
(j) being an individual, contravenes section 374 (making indirect loans);
(k) contravenes subsection 380(1) or (2) (failure to document payment); or
(l) being a person authorized to pay petty expenses, contravenes subsection 381(3) (failure to provide documentation of petty expenses) or 381(4) (paying more than the maximum amount of petty expenses).
Marginal note:Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) being a person or entity, knowingly contravenes subsection 363(1) (making contribution while ineligible);
(b) being a registered party or an electoral district association of one, knowingly contravenes subsection 365(1) (making prohibited transfer);
(c) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, knowingly contravenes section 366 (failure to issue receipt);
(d) being an individual, knowingly contravenes subsection 367(1) or (6) (exceeding contribution limit);
(e) being a person or entity, knowingly contravenes subsection 368(1) (circumventing contribution limit);
(f) being a person or entity, knowingly contravenes subsection 368(2) (concealing source of contribution);
(g) being a person entitled to accept contributions under this Act, contravenes subsection 368(3) (knowingly accepting excessive contribution);
(h) being a person or entity, knowingly contravenes subsection 368(4) (entering prohibited agreement);
(i) being a person or entity, contravenes subsection 369(1) (soliciting or accepting contribution);
(j) being a person or entity, contravenes subsection 369(2) (collusion);
(k) being an individual, knowingly contravenes section 370 (making indirect contributions);
(l) being an individual, knowingly contravenes section 371 (exceeding cash contribution limit);
(m) being a person authorized under this Act to accept contributions, knowingly contravenes section 372 (failure to return or pay amount of contribution);
(n) being a person or entity, knowingly contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money); or
(o) being an individual, knowingly contravenes section 374 (making indirect loans).
Offences under Division 2 of Part 18 (Political Parties)
Marginal note:Strict liability offences — summary conviction
497.1 (1) Every person is guilty of an offence who
(a) being a registered party, contravenes section 392 (failure to provide statement of assets and liabilities or related documents);
(b) being a registered party, contravenes subsection 396(2) or, being a registered party or an eligible party, contravenes subsection 395(4), section 399, subsection 400(1) or (2) or section 401 (failure to comply with requirements re: officers, chief agent, registered agents or auditor);
(c) being a registered party, contravenes subsection 405(1) or (4) (failure to report changes to registered party information);
(d) being a registered party, contravenes section 407 (failure to confirm validity of information on party);
(e) being a chief agent of a deregistered political party, contravenes section 420 (failure to provide financial transactions return or election expenses return or related documents);
(f) being a chief agent of a merging registered party, contravenes section 424 (failure to provide financial transactions return or related documents);
(g) being a chief agent, contravenes section 428 (failure to pay recoverable claim within three years);
(h) being a chief agent, contravenes subsection 431(1) (exceeding election expenses limit) or, being a registered party or third party, contravenes subsection 431(2) (colluding to circumvent election expenses limit);
(i) being a chief agent, contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(j) being a chief agent, contravenes section 433 (failure to provide quarterly return);
(k) being a registered agent, contravenes section 434 (failure to pay excess contributions);
(l) being a chief agent, contravenes paragraph 436(b) (providing document that is substantially incomplete);
(m) being a chief agent, contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);
(n) being a chief agent, contravenes paragraph 439(b) (providing document that is substantially incomplete);
(o) being a chief agent, contravenes subsection 440(3) (failure to provide corrected or revised document within specified period);
(p) being a chief agent or the leader of a registered party, contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period); or
(q) being the chief executive officer of a provincial division, contravenes subsection 446(5) (failure to report provincial division changes).
Marginal note:Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) being a person or entity other than a registered agent or a person authorized under subsection 381(1), knowingly contravenes subsection 426(1) or (2) (paying or incurring registered party’s expenses);
(b) being a person or entity other than a registered agent, knowingly contravenes subsection 426(3) (accepting contributions or borrowing while ineligible); or
(c) being a person or entity other than a registered agent, knowingly contravenes subsection 426(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).
Marginal note:Offences requiring intent — dual procedure
(3) Every person is guilty of an offence who
(a) being a registered party, knowingly contravenes section 392 (failure to provide statement of assets and liabilities or related documents);
(b) knowingly contravenes subsection 403(1), (2) or (3) (ineligible person acting as officer, chief agent, registered agent or auditor);
(c) being an officer of a party, contravenes section 404 (officer knowing party not a political party);
(d) being a leader of a party, contravenes subsection 408(1), (3) or (4) (providing or certifying false or misleading information or making false or misleading declaration);
(e) being a registered party or an eligible party, contravenes subsection 408(2) (providing false or misleading information);
(f) being a member of a political party, contravenes subsection 408(5) (making false or misleading declaration);
(g) being a chief agent of a deregistered political party, knowingly contravenes section 420 (failure to provide transactions return or election expenses return or related documents);
(h) being a chief agent of a merging registered party, knowingly contravenes section 424 (failure to provide financial transactions returns or related documents);
(i) being a chief agent, knowingly contravenes subsection 431(1) (exceeding election expenses limit);
(j) being a registered party or a third party, knowingly contravenes subsection 431(2) (colluding to circumvent election expense limit);
(k) being a chief agent, knowingly contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(l) being a chief agent, knowingly contravenes section 433 (failure to provide quarterly return);
(m) being a registered agent, knowingly contravenes section 434 (failure to pay excess contributions);
(n) being a chief agent, contravenes paragraph 436(a) (providing document that contains false or misleading information);
(o) being a chief agent, knowingly contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);
(p) being a chief agent, contravenes paragraph 439(a) (providing document that contains false or misleading information);
(q) being a chief agent, knowingly contravenes subsection 440(3) (failure to provide corrected or revised document within specified period); or
(r) being a chief agent or the leader of a registered party, knowingly contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).
Offences under Division 3 of Part 18 (Electoral District Associations)
Marginal note:Strict liability offences — summary conviction
497.2 (1) Every person is guilty of an offence who
(a) being an electoral district association of a registered party, contravenes section 447 (financial activity while unregistered);
(b) being an electoral district association of a registered party, contravenes section 450 (financial activity during an election period);
(c) being a registered association, contravenes section 451 (failure to provide statement of assets and liabilities or related documents);
(d) being the financial agent of a registered association, contravenes section 452 (making erroneous declaration);
(e) being a registered association, contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);
(f) being a registered association, contravenes section 459, 460 or 461 (failure to comply with requirements re: appointment of financial agent or auditor);
(g) being a registered association, contravenes subsection 463(1) (failure to report changes to registered association information);
(h) being a registered association, contravenes section 464 (failure to confirm validity of information concerning association);
(i) being the financial agent of a deregistered electoral district association, contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);
(j) being the financial agent of a registered association, contravenes section 475.2 (failure to pay recoverable claim within three years);
(k) being the financial agent of a registered association, contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(l) being the financial agent of a registered association, contravenes section 475.5 (failure to pay excess contributions);
(m) being the financial agent of a registered association, contravenes paragraph 475.7(b) (providing document that is substantially incomplete);
(n) being the financial agent of a registered association, contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); or
(o) being the financial agent or the chief executive officer of a registered association, contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).
Marginal note:Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(1) or (2) (paying or incurring registered association’s expenses while ineligible);
(b) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(3) (accepting contributions while ineligible); or
(c) being a person or entity other than the financial agent of a registered association, knowingly contravenes subsection 475(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).
Marginal note:Offences requiring intent — dual procedure
(3) Every person is guilty of an offence who
(a) being an electoral district association, knowingly contravenes section 447 (financial activity while unregistered);
(b) being an electoral district association of a registered party, knowingly contravenes section 450 (financial activity during an election period);
(c) being a registered association, knowingly contravenes section 451 (failure to provide statement of assets and liabilities or related documents);
(d) being the financial agent of a registered association, knowingly contravenes section 452 (making erroneous declaration);
(e) being a registered association, knowingly contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);
(f) being a person, knowingly contravenes subsection 462(1) or (2) (acting as financial agent, electoral district agent or auditor when ineligible to do so);
(g) being the financial agent of a deregistered electoral district association, knowingly contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);
(h) being the financial agent of a registered association, knowingly contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(i) being the financial agent of a registered association, knowingly contravenes section 475.5 (failure to pay excess contributions);
(j) being the financial agent of a registered association, contravenes paragraph 475.7(a) (providing document that contains false or misleading information);
(k) being the financial agent of a registered association, knowingly contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); or
(l) being the financial agent or chief executive officer of a registered association, knowingly contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).
Offences under Division 4 of Part 18 (Nomination Contestants)
Marginal note:Strict liability offences — summary conviction
497.3 (1) Every person is guilty of an offence who
(a) being a registered party or registered association, contravenes subsection 476.1(1) (failure to notify of nomination contest);
(b) being a nomination contestant, contravenes section 476.3 (failure to appoint financial agent);
(c) being a nomination contestant, contravenes section 476.5, 476.6 or 476.61 (failure to comply with requirements re: appointment of financial agent);
(d) being a nomination contestant, contravenes subsection 476.63(1) or (2) (failure to report changes in nomination contestant information);
(e) being the financial agent of a nomination contestant, contravenes section 476.65 (failure to satisfy bank account requirements);
(f) being a nomination contestant or the financial agent of one, contravenes subsection 476.68(1) (exceeding nomination campaign expenses limit);
(g) being a nomination contestant or the financial agent of one, contravenes subsection 476.7(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
(h) being the financial agent of a nomination contestant, contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);
(i) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);
(j) being a nomination contestant, contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign return);
(k) being the financial agent of a nomination contestant, contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);
(l) being the financial agent of a nomination contestant, contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);
(m) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);
(n) being the financial agent of a nomination contestant, contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);
(o) being a nomination contestant, contravenes subsection 476.77(1) (failure to appoint auditor);
(p) being a nomination contestant, contravenes subsection 476.77(4) or (5) or section 476.78 (failure to comply with requirements re: appointment of auditor);
(q) being the financial agent of a nomination contestant, contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);
(r) being a nomination contestant or the financial agent of one, contravenes subsection 476.85(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 nomination contestant, contravenes paragraph 476.9(b) (providing document that is substantially incomplete); or
(t) being the financial agent of a nomination contestant, contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).
Marginal note:Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) being a registered party or registered association, knowingly contravenes subsection 476.1(1) (failure to notify of nomination contest);
(b) being a person, knowingly contravenes section 476.62 (acting as financial agent when ineligible to do so);
(c) being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(1) (acceptance of contribution while ineligible);
(d) being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);
(e) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(3) (accepting prohibited contribution);
(f) being a person or entity, knowingly contravenes subsection 476.66(4), (5) or (6) (paying or incurring expenses for specified purposes or paying personal expenses while ineligible);
(g) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination campaign expenses limit);
(h) being a person or entity, contravenes subsection 476.68(2) (circumventing nomination campaign expenses limit);
(i) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);
(j) being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);
(k) being a nomination contestant, knowingly contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign return);
(l) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);
(m) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);
(n) being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);
(o) being the financial agent of a nomination contestant, knowingly contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);
(p) being a person, knowingly contravenes section 476.79 (acting as auditor when ineligible to do so);
(q) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);
(r) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.85(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(s) being a nomination contestant or the financial agent of one, contravenes paragraph 476.9(a) or knowingly contravenes paragraph 476.9(b) (providing document that contains false or misleading information or that is substantially incomplete); or
(t) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).
Offences under Division 5 of Part 18 (Candidates)
Marginal note:Strict liability offences — summary conviction
497.4 (1) Every person is guilty of an offence who
(a) being a candidate, contravenes subsection 477.1(1) (failure to appoint official agent);
(b) being a candidate, contravenes subsection 477.1(2) (failure to appoint auditor);
(c) being a candidate, contravenes section 477.42 (failure to appoint a replacement official agent or auditor);
(d) being an official agent, contravenes section 477.46 (failure to satisfy bank account requirements);
(e) being an official agent, a candidate or a person authorized under paragraph 477.55(c), contravenes subsection 477.48(2) (incurring more than maximum allowed for notice of nomination meetings) or subsection 477.52(1) (exceeding election expenses limit) or, being an official agent, a candidate, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);
(f) being an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
(g) being an official agent, contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);
(h) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);
(i) being a candidate, contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);
(j) being an official agent, contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);
(k) being an official agent, contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);
(l) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);
(m) being an official agent, contravenes section 477.61 (failure to pay value of contribution that cannot be returned);
(n) being an official agent, contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);
(o) being a candidate or the official agent of one, contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(p) being an official agent, contravenes paragraph 477.72(1)(b) (providing document that is substantially incomplete);
(q) being an official agent, contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);
(r) being a registered agent or financial agent, contravenes section 477.85 (improper or unauthorized transfer of funds);
(s) being an official agent, contravenes subsection 477.88(2) (failure to return unused income tax receipts);
(t) being a candidate, contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);
(u) being a candidate, contravenes subsection 477.9(5) (failure to provide statement within required period);
(v) being a candidate, contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); or
(w) being a candidate, contravenes paragraph 477.95(b) (providing incomplete statement).
Marginal note:Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) knowingly contravenes subsection 477.44(1) or (2) (ineligible person acting as official agent or auditor);
(b) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(1) or (2) (accepting contributions or providing receipts for them);
(c) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(3) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds);
(d) being a person or entity, other than a candidate, official agent or person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(4) or (5) (paying or incurring electoral campaign expenses);
(e) being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying candidate’s personal expenses);
(f) being a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.48(2) (spending more than maximum allowed for notice of nomination meetings);
(g) being a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.52(1) (exceeding election expenses limit);
(h) being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);
(i) being an official agent, knowingly contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);
(j) being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);
(k) being a candidate, knowingly contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);
(l) being an official agent, knowingly contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);
(m) being an official agent, knowingly contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);
(n) being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);
(o) being an official agent, knowingly contravenes section 477.61 (failure to pay value of contribution made by unknown contributor);
(p) being an official agent, knowingly contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);
(q) being a candidate or the official agent of one, knowingly contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(r) being an official agent, contravenes paragraph 477.72(1)(a) or knowingly contravenes paragraph 477.72(1)(b) (providing document that contains false or misleading statement or one that is incomplete);
(s) being an official agent, knowingly contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);
(t) being a registered agent or financial agent, knowingly contravenes section 477.85 (unauthorized or improper transfer of funds);
(u) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);
(v) being a candidate, knowingly contravenes subsection 477.9(5) (failure to provide statement within required period);
(w) being a candidate, knowingly contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); or
(x) being a candidate, contravenes paragraph 477.95(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 477.95(b) (providing incomplete statement).
Offences under Division 6 of Part 18 (Leadership Contestants)
Marginal note:Strict liability offences — summary conviction
497.5 (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);
(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 a leadership contestant or the financial agent of one, 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 personal 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);
(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);
(u) being a leadership contestant or the financial agent of one, 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).
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