Fair Elections Act (S.C. 2014, c. 12)
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Assented to 2014-06-19
2000, c. 9CANADA ELECTIONS ACT
Amendments to the Act
Marginal note:2007, c. 21, s. 39.1
100. (1) Subsections 500(1) to (5) of the Act are replaced by the following:
Marginal note:Punishment — strict liability offences
500. (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 496(1), 497(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.
Marginal note:Punishment — offences requiring intent (summary conviction)
(2) Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1), 489(2) and 491(2), section 493 and subsections 495(2) and (3) and 497(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Punishment — offences requiring intent (summary conviction)
(3) Every person who is guilty of an offence under subsection 485(1) or paragraph 487(1)(b) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both.
Marginal note:Punishment — offences requiring intent (summary conviction — fine only)
(4) Every person who is guilty of an offence under subsection 495(4) is liable on summary conviction to a fine of not more than $50,000.
Marginal note:Punishment — offences requiring intent (dual procedure)
(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 480.1 to 483, subsections 484(3), 485(2), 486(3), 487(2), 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 496(2) and 497(3), section 498 and subsection 499(2) is liable
(a) on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than one year, or to both; or
(b) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than five years, or to both.
(2) Subsections 500(1) and (2) of the Act are replaced by the following:
Marginal note:Punishment — strict liability offences
500. (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 496(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.
Marginal note:Punishment — offences requiring intent (summary conviction)
(2) Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1), 489(2) and 491(2), section 493 and subsections 495(2) and (3), 497.1(2) and 497.2(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
(3) The portion of subsection 500(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Punishment — offences requiring intent (dual procedure)
(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 480.1 to 483, subsections 484(3), 485(2) and 486(3), section 487, subsections 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 496(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2) and 497.5(2), section 498 and subsection 499(2) is liable
Marginal note:2004, c. 24, s. 22(3)
101. (1) Subsection 501(3) of the Act is replaced by the following:
Marginal note:Offences
(3) For the purposes of subsection (2), the provisions are the following:
(a) paragraph 497(2)(h) (entering into prohibited agreement);
(b) paragraph 497(2)(i) (soliciting or accepting contribution);
(c) paragraph 497(2)(j) (collusion);
(d) paragraph 497.1(3)(d) (providing or certifying false or misleading information or making false or misleading declaration);
(e) paragraph 497.1(3)(e) (providing false or misleading information);
(f) paragraph 497.1(3)(k) (failure to provide financial transactions return or related documents);
(g) paragraph 497.1(3)(n) (providing document that contains false or misleading information);
(h) paragraph 497.1(3)(p) (providing document that contains false or misleading information); and
(i) paragraph 497.2(3)(h) (failure to provide financial transactions return or related documents).
Marginal note:2004, c. 24, s. 22(3)
(2) Subsection 501(3) of the Act is amended by adding “and” at the end of paragraph (h), by striking out “and” at the end of paragraph (i) and by repealing paragraph (j).
102. (1) Paragraph 502(1)(c) of the Act is replaced by the following:
(c) being an official agent, a candidate or a person authorized under paragraph 477.55(c), knowingly contravenes section 477.52 (exceeding election expenses limit);
Marginal note:2006, c. 9, s. 58
(2) Paragraph 502(2)(f.1) of the Act is repealed.
(3) Subsection 502(2) of the Act is amended by striking out “or” at the end of paragraph (h) and by adding the following after that paragraph:
(h.1) being a candidate or an official agent of a candidate, commits an offence under section 480.1 (impersonation);
(h.2) being a candidate or an official agent of a candidate, commits an offence under section 482.1 (obstruction); or
(4) Subsection 502(2) of the Act is amended by adding the following after paragraph (h):
(h.01) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);
103. Subsection 503(2) of the Act is replaced by the following:
Marginal note:Eligible party
(2) An eligible party that does not become a registered party during the election period of a general election does not commit an offence referred to in paragraph 496(1)(a) or (2)(a) if its election advertising expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, are more than the spending limit set out in section 350.
104. Subsections 505(3) and (4) of the Act are replaced by the following:
Marginal note:Prosecution of third party — group or corporation ($50,000)
(3) A third party that is a group or corporation and that commits an offence under paragraph 496(1)(c) is liable on conviction to a fine of not more than $50,000 instead of the punishment set out in subsection 500(1).
Marginal note:Prosecution of third party — group or corporation ($100,000)
(4) A third party that is a group or corporation and that commits an offence under paragraph 496(2)(b) is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5).
105. The Act is amended by adding the following after section 505:
Marginal note:Deeming — calling service providers
505.1 For the purpose of a prosecution brought under subsection 495.1(1) or (2) against a calling service provider that is a group or for the purpose of entering into a compliance agreement with the calling service provider,
(a) the calling service provider is deemed to be a person; and
(b) any act or thing done or omitted to be done by a member of the calling service provider within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the calling service provider.
Marginal note:Deeming — third parties that are groups
505.2 (1) For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party that is a group or for the purpose of entering into a compliance agreement with the third party, the third party is deemed to be a person.
Marginal note:Official representatives
(2) If a third party that is a group commits an offence under subsection 495.2(1) or (2), its official representative commits the offence if he or she authorized, consented to or participated in the act or omission that constitutes the offence.
Marginal note:Prosecution of third parties — vicarious liability
505.3 For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party, any act or omission of its official representative is deemed to be an act or omission of the third party.
Marginal note:Interpretation
505.4 For the purposes of sections 505.1 to 505.3, “calling service provider”, “group”, “official representative” and “third party” have the same meaning as in section 348.01.
Marginal note:2003, c. 19, s. 61
106. Sections 506 and 507 of the Act are replaced by the following:
Marginal note:Deregistered party — strict liability
506. (1) A deregistered political party whose chief agent commits an offence under paragraph 497(1)(e) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.
Marginal note:Deregistered party — offence requiring intent
(2) A deregistered political party whose chief agent commits an offence under paragraph 497(3)(c) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.
Marginal note:Registered party — strict liability
507. (1) A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o), (q) and (q.01) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.
Marginal note:Registered party — offences requiring intent
(2) A registered party whose chief agent commits an offence under any of paragraphs 497(3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.
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