Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
338 The Act is amended by adding the following after section 496:
Offences under Division 3 of Part 17 (Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns)
Marginal note:Strict liability offences — summary conviction
496.1 (1) Every person is guilty of an offence who, being a third party, contravenes
(a) section 358.1 (failure to satisfy bank account requirements);
(b) subsection 359(1) (failure to file third-party expenses return) or 359(9) (failure to provide documents evidencing expenses on request);
(c) paragraph 359.1(b) (filing third-party expenses return that is substantially incomplete);
(d) subsection 361(3) (failure to provide corrected or revised return within specified period); or
(e) subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).
Marginal note:Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who, being a third party,
(a) knowingly contravenes subsection 359(1) (failure to file third-party expenses return);
(b) contravenes paragraph 359.1(a) or knowingly contravenes paragraph 359.1(b) (filing third-party expenses return that contains false or misleading information or one that is incomplete);
(c) knowingly contravenes subsection 361(3) (failure to provide corrected or revised return within specified period); or
(d) knowingly contravenes subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).
339 (1) Subsection 497(1) of the Act is amended by adding the following after paragraph (b):
(b.1) being a person or entity, contravenes subsection 364(9) (paying convention fees while ineligible);
Marginal note:2014, c. 12, s. 99
(2) Paragraph 497(2)(g) of the Act is replaced by the following:
(g) being a person entitled to accept contributions under this Act, knowingly contravenes subsection 368(3) (accepting excessive contribution);
Marginal note:2014, c. 12, s. 99
340 (1) Paragraph 497.1(1)(h) of the Act is replaced by the following:
(g.1) being a chief agent, contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);
(g.2) being a registered party, contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);
(g.3) being a third party, contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);
(g.4) being a registered party or a person acting on behalf of a registered party, contravenes section 429.3 (failure to indicate authority for partisan advertising);
(h) being a chief agent, contravenes subsection 431(1) (exceeding election expenses limit);
(h.1) being a third party, contravenes subsection 431(2) (colluding to circumvent election expenses limit);
Marginal note:2014, c. 12, s. 99
(2) Paragraph 497.1(3)(f) of the Act is replaced by the following:
(f) contravenes subsection 408(5) (making false or misleading declaration);
(3) Subsection 497.1(3) of the Act is amended by adding the following after paragraph (h):
(h.1) being a registered agent other than the chief agent, knowingly contravenes subsection 426(2.1) (failure to obtain written authorization to incur registered party’s expenses or incurring them contrary to authorization);
(h.2) being a chief agent, knowingly contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);
(h.3) being a registered party, knowingly contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);
(h.4) being a third party, knowingly contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);
Marginal note:2014, c. 12, s. 99
341 (1) Paragraph 497.2(1)(b) of the Act is replaced by the following:
(a.1) being an electoral district association of a registered party, contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);
(a.2) being a registered association, contravenes section 449.2 (failure to indicate authority for partisan advertising);
(b) being an electoral district association of a registered party, contravenes subsection 450(1) (incurring election expenses);
Marginal note:2014, c. 12, s. 99
(2) Paragraph 497.2(3)(b) of the Act is replaced by the following:
(a.1) being an electoral district association of a registered party, knowingly contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);
(b) being an electoral district association of a registered party, knowingly contravenes subsection 450(1) (incurring election expenses);
Marginal note:2014, c. 12, s. 99
342 (1) Paragraph 497.3(1)(f) of the Act is replaced by the following:
(f) being a nomination contestant or the financial agent of one, contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);
(2) Subsection 497.3(1) of the Act is amended by adding the following after paragraph (p):
(p.1) being a nomination contestant, contravenes subsection 476.82(1) or (3) (failure to send written statement or advise financial agent);
Marginal note:2014, c. 12, s. 99
(3) Paragraphs 497.3(2)(f) to (h) of the Act are replaced by the following:
(f) being a person or entity, knowingly contravenes subsection 476.66(4), (5) or (6) (paying or incurring nomination campaign expenses while ineligible);
(g) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);
(h) being a person or entity, contravenes subsection 476.68(2) (circumventing nomination contest expenses limit);
(4) Subsection 497.3(2) of the Act is amended by adding the following after paragraph (p):
(p.1) being a nomination contestant, knowingly contravenes subsection 476.82(1) or (3) (failure to send written statement or advise financial agent);
Marginal note:2014, c. 12, s. 99
(5) Paragraph 497.3(2)(s) of the Act is replaced by the following:
(r.1) being a nomination contestant, contravenes section 476.891 (sending false or misleading declaration);
(s) being the financial agent of a nomination contestant, 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
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