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

Marginal note:2014, c. 12, s. 99

• 343 (1) Paragraphs 497.4(1)(e) and (f) of the Act are replaced by the following:

  • (e) being a candidate, an official agent or a person authorized under paragraph 477.55(c), contravenes subsection 477.52(1) (exceeding election expenses limit) or, 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);

  • (f) being a candidate or an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);

• (2) Subsection 497.4(1) of the Act is amended by adding the following after paragraph (m):

  • (m.1) being a candidate, contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);

• Marginal note:2014, c. 12, s. 99

  (3) Paragraphs 497.4(2)(d) to (f) of the Act are replaced by the following:

  • (d) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(4) (paying electoral campaign expenses);

  • (d.1) being a person or entity other than a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(5) (incurring electoral campaign expenses);

  • (d.2) being a candidate, knowingly contravenes subsection 477.47(5.1) (failure to obtain written authorization to incur election expense or incurring it contrary to authorization);

  • (e) being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying certain expenses);

• (4) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (h):

  • (h.1) being a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.551 (entering into contract in relation to electoral campaign without authorization);

• (5) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (o):

  • (o.1) being a candidate, knowingly contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);

• (6) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (q):

  • (q.1) being a candidate, contravenes section 477.711 (sending false or misleading declaration);

• 344 (1) Subsection 497.5(1) of the Act is amended by adding the following after paragraph (p):

  • (p.1) being a leadership contestant, contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

• Marginal note:2014, c. 12, s. 99

  (2) Paragraph 497.5(1)(s) of the Act is replaced by the following:

  • (s) being the financial agent of a leadership contestant, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); or

• Marginal note:2014, c. 12, s. 99

  (3) Paragraph 497.5(2)(j) of the Act is replaced by the following:

  • (j) being a person or entity, knowingly contravenes subsection 478.73(6) (paying certain expenses of leadership contestant while ineligible);

• (4) Subsection 497.5(2) of the Act is amended by adding the following after paragraph (r):

  • (r.1) being a leadership contestant, knowingly contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

• Marginal note:2014, c. 12, s. 99

  (5) Paragraph 497.5(2)(u) of the Act is replaced by the following:

  • (t.1) being a leadership contestant, contravenes section 478.921 (sending false or misleading declaration);

  • (u) being the financial agent of a leadership contestant, 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

344.1 Section 498 of the Act is replaced by the following:

345 Paragraph 499(2)(a) of the Act is replaced by the following:

Marginal note:2014, c. 12, s. 100(2)

• 346 (1) 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), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(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) and 489(2), sections 491.1 and 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.

• Marginal note:2014, c. 12, s. 100(3)

  (2) 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), 480.1(1), 481(1) and 482(1), section 482.1, subsections 484(3), 485(2), 486(3) and (4), 487(2), 488(2) and 489(3), section 490, subsection 491(3), section 491.2, subsection 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liable

• (3) Subsection 500(6) of the Act is replaced by the following:

  • Marginal note:Additional punishment — third parties

    (5.1) Every third party that is guilty of an offence under paragraph 495.21(1)(a) or (b) or subsection 495.21(2) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount of the funds whose source was a foreign entity that were used, or the amount of the funds that were used to circumvent the prohibition on using funds whose source is a foreign entity.

  • Marginal note:Additional punishment — third parties

    (5.2) Every third party that is guilty of an offence under paragraph 495.3(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the pre-election period expenses limit in question.

  • Marginal note:Additional punishment — third parties

    (6) Every third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the election period expenses limit in question.