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.
107. 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(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 497.1(3)(g) 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(1)(h), (i), (k), (l), (m) and (n) 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 497.1(3)(i), (k), (m), (o) and (p) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.
108. Sections 509 and 510 of the Act are replaced by the following:
Marginal note:Commissioner of Canada Elections
509. (1) The Commissioner of Canada Elections shall be appointed by the Director of Public Prosecutions to hold office during good behaviour for a term of seven years and may be removed by the Director of Public Prosecutions for cause.
Marginal note:No consultation
(2) The Director of Public Prosecutions shall not consult the Chief Electoral Officer with respect to the appointment of the Commissioner.
Marginal note:Ineligibility
(3) A person is not eligible to be appointed as Commissioner if the person is or has been
(a) a candidate;
(b) an employee of a registered party or a person whose services have been engaged by the registered party to support its electoral or political financing activities;
(c) a member of the staff referred to in any of paragraphs 4(2)(a) to (f) of the Parliamentary Employment and Staff Relations Act or a person referred to in paragraph 4(2)(g) of that Act;
(d) the Chief Electoral Officer, a member of his or her staff or a person whose services have been engaged under subsection 20(1); or
(e) an election officer referred to in paragraph 22(1)(a) or (b).
Marginal note:No re-appointment
(4) A person who has served as Commissioner is not eligible for re-appointment to that office.
Marginal note:Position within Office of the Director of Public Prosecutions
509.1 (1) The position of Commissioner of Canada Elections is within the Office of the Director of Public Prosecutions.
Marginal note:Deputy head — Financial Administration Act
(2) For the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.
Marginal note:Deputy head — Public Service Employment Act
(3) For the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.
Marginal note:Duty
509.2 The Commissioner’s duty is to ensure that this Act is complied with and enforced.
Staff
Marginal note:Employees
509.3 (1) The employees necessary for the Commissioner to exercise or perform his or her powers, duties and functions under this Act are to be appointed in accordance with the Public Service Employment Act.
Marginal note:Casual employees, etc.
(2) Any additional employees that the Commissioner considers necessary for the exercise or performance of his or her powers, duties and functions under this Act may be appointed for a specified term or on a casual basis in accordance with the Public Service Employment Act.
Marginal note:Technical assistance
509.4 The Commissioner may engage on a temporary basis investigators or persons having technical or specialized knowledge to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this Act.
Marginal note:Authorization to assist
509.5 The Commissioner may authorize a person employed in the Office of the Director of Public Prosecutions to assist him or her in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.1(2) and (3) and in the exercise of his or her power under section 509.4, subject to the terms and conditions that the Commissioner sets.
Payments out of Consolidated Revenue Fund
Marginal note:Amounts to be paid out of C.R.F.
509.6 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Director of Public Prosecutions:
(a) the remuneration paid to the Commissioner or to a person employed under subsection 509.3(2) and any additional remuneration paid to employees referred to in subsection 509.3(1) for overtime work to enable the Commissioner to exercise or perform his or her powers, duties and functions under this Act; and
(b) any expenses incurred by, on behalf of or in relation to the Commissioner under any other provision of this Part.
Investigations and Prosecutions
Marginal note:Investigation by Commissioner
510. (1) The Commissioner, on his or her own initiative or in response to a complaint, may conduct an investigation.
Marginal note:Notice
(2) As soon as feasible after beginning an investigation, the Commissioner shall give written notice of the investigation to the person whose conduct is being investigated. The notice is not to be given if, in the Commissioner’s opinion, to do so might compromise or hinder the investigation or any other investigation.
Marginal note:Independence
(3) The Commissioner is to conduct the investigation independently of the Director of Public Prosecutions.
Marginal note:Confidentiality
510.1 (1) Subject to subsection (2), neither the Commissioner nor any person acting under his or her direction shall disclose any information relating to an investigation that comes to their knowledge in the exercise of their powers or the performance of their duties and functions under this Act, including information that reveals or from which may be inferred the name of the complainant, if any, the person whose conduct is being investigated or any witness.
Marginal note:Disclosure authorized
(2) The Commissioner may disclose or may authorize any person acting under his or her direction to disclose
(a) with the consent of the person in question, the name of any of the following: the complainant, if any, the person whose conduct is being investigated and any witness;
(b) information that, in the Commissioner’s opinion, is necessary to carry out an investigation;
(c) when a matter is referred to the Director of Public Prosecutions under subsection 511(1), information that the Director of Public Prosecutions requires;
(d) information that is required to be disclosed in the course of a prosecution for an offence under this Act;
(e) information that is required to be disclosed under any other Act of Parliament;
(f) information that, in the Commissioner’s opinion, is necessary in order to enter into or renegotiate a compliance agreement; and
(g) information whose disclosure is, in the Commissioner’s opinion, in the public interest.
Marginal note:Public interest
(3) For the purposes of paragraph (2)(g), the Commissioner shall take into consideration the effects of disclosure on
(a) the privacy rights of any person who is the subject of the disclosure;
(b) the right of the person under investigation to be presumed innocent until proved guilty according to law; and
(c) public confidence in the fairness of the electoral process.
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