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Elections Modernization Act (S.C. 2018, c. 31)

Full Document:  

Assented to 2018-12-13

2000, c. 9Canada Elections Act (continued)

332 Paragraph 492(2)(a) of the Act is replaced by the following:

  • (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

  • 333 (1) Paragraph 495(1)(b) of the Act is replaced by the following:

    • (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

  • (2) Subsection 495(3) of the Act is repealed.

  • (3) Paragraph 495(4)(a) of the Act is replaced by the following:

    • (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);

  • (4) Subsection 495(5) of the Act is replaced by the following:

    • 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).

334 Subsection 495.1(1) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

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

Marginal note:2014, c. 12, s. 96

335 Paragraphs 495.2(1)(a) and (b) of the Act are replaced by the following:

  • (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).

336 The heading before section 496 of the Act is replaced by the following:

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

  • 495.21 (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.

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

  • 495.3 (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).

Offences under Division 2 of Part 17 (Partisan Activities, Election Advertising and Election Surveys During Election Period)

Marginal note:2014, c. 12, s. 97(1) and (1.1)

  • 337 (1) Paragraphs 496(1)(a) to (b) of the Act are replaced by the following:

    • (a) any of subsections 350(1) to (4) (exceeding election period expenses limits);

    • (a.1) section 351.1 (foreign third party incurring election period expenses);

    • (b) section 352 (failure to identify self in advertising);

  • (2) Subsection 496(1) of the Act is amended by replacing paragraphs (e) and (f) with the following:

    • (d.1) subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return) or 357.01(10) (failure to provide documents evidencing expenses on request);

    • (d.2) paragraph 357.03(b) (filing interim third-party expenses return that is substantially incomplete); or

    • (e) section 357.1 (use of anonymous contributions).

  • Marginal note:2014, c. 12, s. 97(2) and (3)

    (3) Subsection 496(2) of the Act is replaced by the following:

    • 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 350(1) to (4) or section 351 (exceeding or circumventing election period expenses limits);

      • (b) being a third party or registered party, knowingly contravenes subsection 351.01(1) (colluding to influence third party);

      • (c) being a third party or candidate, knowingly contravenes subsection 351.01(2) (colluding to influence third party);

      • (d) being a third party or official agent of a candidate, knowingly contravenes subsection 351.01(3) (colluding to influence third party);

      • (e) being a third party, knowingly contravenes section 351.1 (foreign third party incurring election period expenses);

      • (f) being a third party, knowingly contravenes subsection 353(1) (failure to register);

      • (g) knowingly contravenes subsection 354(2) or 355(3) (ineligible person acting as financial agent or auditor); or

      • (h) being a third party, knowingly contravenes subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return); or

      • (i) being a third party, contravenes paragraph 357.03(a) or knowingly contravenes paragraph 357.03(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).

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