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Canada Elections Act

Part 19

Enforcement

Peace and Good Order at Elections

Duty to maintain order

479. (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.

Duty of other election officers

(2) Every deputy returning officer, central poll supervisor and person appointed under paragraph 124(1)(b) is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.

Order to leave, arrest without warrant

(3) In performing his or her duty under subsection (1) or (2), an election officer may, if a person is committing, in the returning officer's office or other place where the vote is taking place, an offence referred to in paragraph 5(a), section 7 or paragraph 167(1)(a) or an offence under this Act or any other Act of Parliament that threatens the maintenance of order, or if the officer believes on reasonable grounds that a person has committed such an offence in such a place, order the person to leave the office or place or arrest the person without warrant.

Order must be obeyed

(4) Every person in respect of whom an order is made to leave an office or place must obey it without delay.

Power to eject

(5) If an order to leave an office or place is not obeyed without delay, the person who made it may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the office or place.

After arrest

(6) The officer, supervisor or appointed person who arrests a person under subsection (3) shall without delay

Removal of materials

(7) Where a returning officer, deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b) believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer, supervisor or appointed person may cause to be removed from, in the case of a returning officer, his or her office or, in the case of a deputy returning officer, central poll supervisor or appointed person, the polling station, any material that they believe on reasonable grounds was used in contravention of that paragraph.

Peace officer protection

(8) Every election officer has, while performing their duties under this section, all the protection that a peace officer has by law.

Offences

General Provisions

Obstruction, etc., of electoral process

480. (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 481 or 482 or contravening a provision referred to in any of sections 483 to 499.

Public meetings

(2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.

Offering bribe

481. (1) Every person is guilty of an offence who, during an election period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate.

Accepting bribe

(2) Every elector is guilty of an offence who, during an election period, accepts or agrees to accept a bribe that is offered in the circumstances described in subsection (1).

Intimidation, etc.

482. Every person is guilty of an offence who

Offences under Part 1 (Electoral Rights)

Offences requiring intent – dual procedure

483. Every person is guilty of an offence who contravenes

Offences under Part 3 (Election Officers)

Strict liability offences – summary conviction

484. (1) Every former election officer who contravenes paragraph 43(c) (failure to return election documents and election materials) is guilty of an offence.

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

S.C. 2007, c. 21, s. 36.

Offences under Part 4 (Register of Electors)

Offences requiring intent – summary conviction

485. (1) Every person who contravenes paragraph 56(e) (unauthorized use of personal information recorded in Register of Electors) is guilty of an offence.

Offences requiring intent – dual procedure

(2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors) is guilty of an offence.

Offences under Part 6 (Candidates)

Strict liability offences – summary conviction

486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor), section 87 (failure to appoint a replacement official agent or auditor), subsection 92.2(1) (accepting prohibited gift or other advantage) or 92.2(5) (failure to provide statement within required period) or paragraph 92.6(b) (providing incomplete statement) is guilty of an offence.

Offences requiring intent – summary conviction

(2) Every person who contravenes subsection 81(1) (refusal to give access to building or gated community) or subsection 81.1(1) (refusal to give access to place open to the public) is guilty of an offence.

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

S.C. 2006, c. 9, s. 56; S.C. 2007, c. 21, s. 37.

Offences under Part 7 (Revision of List of Electors)

487. (1)  Every person is guilty of an offence who contravenes

Offences requiring intent – dual procedure

(2) Every person who contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors) is guilty of an offence.

S.C. 2007, c. 21, s. 37.1.

Offences under Part 8 (Preparation for the Vote)

Offences requiring intent – summary conviction

488. (1) Every person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.

Offences requiring intent – dual procedure

(2) Every person is guilty of an offence who

Offences under Part 9 (Voting)

Strict liability offences – summary conviction

489. (1) Every person is guilty of an offence who contravenes

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

S.C. 2007, c. 21, s. 38.

Offences under Part 10 (Advance Polling)

Offences requiring intent – dual procedure

490. Every person is guilty of an offence who

Offences under Part 11 (Special Voting Rules)

Strict liability offences – summary conviction

491. (1) Every returning officer who contravenes section 275 (failure to take required measures re ballots and special ballots) is guilty of an offence.

Offences requiring intent – summary conviction

(2) Every person who contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules) is guilty of an offence.

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

Offences under Part 12 (Counting Votes)

Strict liability offences – summary conviction

492. (1) Every returning officer who contravenes section 292 (failure to safeguard ballot box) is guilty of an offence.

Offences requiring intent – dual procedure

(2) Every person is guilty of an offence who

Offence under Part 13 (Validation of Results by the Returning Officer)

Offences requiring intent – summary conviction

493. Every person who wilfully contravenes subsection 296(4) (failure to appear before returning officer) is guilty of an offence.

Offences under Part 15 (Return of the Writ)

Offences requiring intent – dual procedure

494. Every returning officer is guilty of an offence who wilfully contravenes

Offences under Part 16 (Communications)

Strict liability offences – summary conviction

495. (1) Every person is guilty of an offence who

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who,

Offences requiring intent – summary conviction

(3) Every person who wilfully contravenes section 331 (inducement by foreigners) is guilty of an offence.

Offences requiring intent – fine only, summary conviction

(4) Every person is guilty of an offence who

Offences requiring intent – dual procedure

(5) Every person is guilty of an offence who contravenes

Offences under Part 17 (Third Party Election Advertising)

Strict liability offences – summary conviction

496. (1) Every person is guilty of an offence who, being a third party, contravenes

Offences requiring intent – dual procedure

(2) Every person is guilty of an offence who, being a third party, wilfully contravenes

Offences under Part 18 (Finance)

Strict liability offences – summary conviction

497. (1) Every person is guilty of an offence who

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

When certain proceedings may be brought

(4) No proceedings may be commenced with respect to a failure to provide a return or other document to the Chief Electoral Officer before the expiration of the period within which an application may be made under this Act for an extension of the period within which that return or document is to be provided.

S.C. 2003, c. 19, s. 58; S.C. 2004, c. 24, s. 21; S.C. 2006, c. 9, s. 57; S.C. 2007, c. 21, s. 39.

Offences under this Part (Enforcement)

Offence requiring intent – dual procedure

498. Every person who wilfully contravenes subsection 479(4) (refusal to obey order to leave polling place) is guilty of an offence.

Offences under Part 21 (General)

Strict liability offence – summary conviction

499. (1) Every person who contravenes subsection 548(1) (removal of posted election documents) is guilty of an offence.

Offences requiring intent – dual procedure

(2) Every person is guilty of an offence who

Punishment

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 $1,000 or to imprisonment for a term of not more than three months, or to both.

(2) Every person who is guilty of an offence under any of subsection 485(1), paragraph 487(1)(a), subsections 488(1), 489(2) and 491(2), section 493 and subsection 495(2) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.

Punishment – offences requiring intent (summary conviction)

(3) Every person who is guilty of an offence under any of subsections 484(2), 486(2), 495(3) and 497(2) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.

(3.1) Every person who is guilty of an offence under paragraph 487(1)(b) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.

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 $25,000.

Punishment – offences requiring intent (dual procedure)

(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 481 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

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 advertising expense limit in question.

S.C. 2007, c. 21, s. 39.1.

Additional penalties

501. (1) When a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order direct the person to

Additional penalties

(2) If a registered party, its chief agent or registered agent or one of its officers has been convicted of an offence referred to in subsection (3), the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order,

Offences

(3) For the purposes of subsection (2), the provisions are:

(a) paragraph 497(3)(b.2) (providing or certifying false or misleading information or making false declaration);

(b) paragraph 497(3)(b.3) (providing false or misleading information);

(c) paragraph 497(3)(f.07) (failure to provide financial transactions return or related documents);

(d) paragraph 497(3)(f.161) (entering into prohibited agreement);

(e) paragraph 497(3)(f.162) (making representation re contribution);

(f) paragraph 497(3)(f.163) (collusion);

(g) paragraph 497(3)(i) (failure to provide financial transactions return or related documents);

(h) paragraph 497(3)(k) (providing financial transactions return containing false or misleading statement);

(i) subparagraph 497(3)(m)(ii) (providing election expenses return containing false or misleading statement); and

(j) paragraph 497(3)(v) (providing electoral campaign return containing false or misleading statement or one that is incomplete).

Documents to be provided to Chief Electoral Officer

(4) The chief agent or specified person shall, within six months after being directed to liquidate the party's assets under subsection (2), provide to the Chief Electoral Officer

Remittance to Receiver General

(5) Within three months after providing the documents referred to in subsection (4), the chief agent or specified person shall remit an amount equal to any net balance of the assets over liabilities, calculated on the basis of the statement mentioned in paragraph (4)(a), to the Chief Electoral Officer who shall forward that amount to the Receiver General.

Liability of chief agent

(6) The chief agent or specified person is liable for the remittance of the amount referred to in subsection (5).

Application to registered associations

(7) Subsections (4) to (6) apply to the liquidation of a registered association's assets under subsection (2) and any reference in those subsections to "party" and "chief agent" shall be read as a reference to "registered association" and "financial agent", respectively.

S.C. 2004, c. 24, s. 22.

Illegal Practices and Corrupt Practices>

Illegal practice

502. (1) Every person is guilty of an offence that is an illegal practice who

Corrupt practice

(2) Every person is guilty of an offence that is a corrupt practice who

Consequences of illegal, corrupt practices

(3) Any person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled to

S.C. 2006, c. 9, s. 58.

Miscellaneous Provisions

Deregistered parties

503. (1) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if the party, during the portion of the election period before the deregistration, has spent more than the spending limit set out in section 350.

Eligible party

(2) An eligible party that, during the election period of a general election, does not become a registered party 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 370(4) that it has not been registered, are more than the spending limit set out in section 350.

Prior expenses applied against spending limit

(3) If subsection (1) or (2) applies, election advertising expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against the spending limit set out in section 350 and, if the limit has been exceeded, the party shall not incur any additional election advertising expenses.

S.C. 2003, c. 19, s. 59.

Judicial proceedings and compliance agreements

504. In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association,

S.C. 2001, c. 21, s. 24; S.C. 2003, c. 19, s. 60.

Prosecution of third parties – groups

505. (1) If a third party that is a group commits an offence under section 496, the person who is responsible for the group or its financial agent commits the offence if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the offence.

Prosecution of third parties – vicarious liability

(2) For the purpose of a prosecution brought against a third party under section 496, the third party is deemed to be a person and any act or omission of the person who signed an application made under subsection 353(2) in respect of the third party or, in the absence of an application, the person who would have signed it, or their financial agent, within the scope of that person's or financial agent's authority, is deemed to be an act or omission of the third party.

Prosecution of third party – group or corporation ($10,000)

(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 $10,000 instead of the punishment set out in subsection 500(1).

Prosecution of third party – group or corporation ($25,000)

(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 $25,000 instead of the punishment set out in subsection 500(5).

Deregistered party

506. A deregistered political party whose chief agent commits an offence under paragraph 497(1)(e) or (3)(c) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

S.C. 2003, c. 19, s. 61.

Registered party

507. A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o), (q) and (q.01) and (3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

S.C. 2003, c. 19, s. 61.

Evidence

508. In a prosecution for an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.

Commissioner of Canada Elections

Commissioner of Canada Elections

509. The Chief Electoral Officer shall appoint a Commissioner of Canada Elections, whose duty is to ensure that this Act is complied with and enforced.

Chief Electoral Officer to direct inquiry

510. If the Chief Electoral Officer believes on reasonable grounds that an election officer may have committed an offence against this Act or that any person may have committed an offence under any of paragraphs 486(3)(a) and (d), section 488, paragraph 489(3)(g), section 493 and subsection 499(1), the Chief Electoral Officer shall direct the Commissioner to make any inquiry that appears to be called for in the circumstances and the Commissioner shall proceed with the inquiry.

Director of Public Prosecutions may prosecute

511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may refer the matter to the Director of Public Prosecutions who shall decide whether to initiate a prosecution.

Information

(2) If the Director decides to initiate a prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn declaration to be laid before a justice, as defined in section 2 of the Criminal Code.

Search and seizure

(3) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.

S.C. 2003, c. 19, s. 62; S.C. 2006, c. 9, s. 130.

Director's consent required

512. (1) No prosecution for an offence under this Act may be instituted by a person other than the Director of Public Prosecutions without the Director’s prior written consent.

Exception

(2) Subsection (1) does not apply to an offence in relation to which an election officer has taken measures under subsection 479(3).

Proof of consent

(3) Every document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty.

S.C. 2006, c. 9, s. 131.

Commissioner may intervene

513. The Commissioner, where he or she considers it to be in the public interest, may take any measures, including incurring any expenses, in relation to an inquiry, injunction or compliance agreement under this Act.

S.C. 2006, c. 9, s. 132.

Limitation period

514. (1) A prosecution for an offence under this Act may be instituted at any time but not later than five years after the day on which the Commissioner became aware of the facts giving rise to the prosecution but, in any case, not later than 10 years after the day on which the offence was committed.

Exception

(2) Despite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender's return.

Commissioner's certificate

(3) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the facts giving rise to a prosecution, is admissible in evidence without proof of the signature or of the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.

S.C. 2003, c. 19, s. 63; S.C. 2006, c. 9, s. 59.

Allowance of costs

515. (1) Any court of criminal jurisdiction before which a private prosecution is instituted for an offence against this Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution.

Prior recognizance required

(2) A court shall not make an order under subsection (1) unless the prosecutor, before or on the laying of the information, enters into a recognizance with two sufficient sureties, in the amount of $500, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant's costs in case of acquittal.

Costs of defendant

(3) In case of an information by a private prosecutor for an offence against this Act, if judgment is given for the defendant, the defendant is entitled to recover from the prosecutor the costs incurred by the defendant by reason of the proceedings, which costs shall be taxed by the proper officer of the court in which the judgment is given.

Injunctions

Application for injunction

516. (1) If the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, the Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to a competent court described in subsection 525(1) for an injunction described in subsection (2).

Injunction

(2) If the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:

Notice

(3) No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Compliance Agreements

Compliance agreements

517. (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to 521 called the "contracting party").

Terms and conditions

(2) A compliance agreement may contain any terms and conditions that the Commissioner considers necessary to ensure compliance with this Act.

Obligations of Commissioner

(3) Before entering into a compliance agreement, the Commissioner shall

Admission of responsibility

(4) A compliance agreement may include a statement by the contracting party in which he or she admits responsibility for the act or omission that constitutes the offence.

Inadmissible in evidence

(5) The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.

Effect of compliance agreement – no referral

(6) If a matter has not yet been referred to the Director of Public Prosecutions when a compliance agreement is entered into, no such referral may be made for an act or omission that led to the agreement unless there is non-compliance with it.

Matter that has been referred

(7) If a matter has already been referred to the Director of Public Prosecutions, whether or not a prosecution has been initiated, the Director may – if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest – remit the matter back to the Commissioner so that it may be so dealt with.

Effect of compliance agreement

(8) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Director of Public Prosecutions may not institute such a prosecution.

Renegotiation

(9) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.

Copy to be provided

(10) The Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (9). If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the compliance agreement to the Director.

S.C. 2001, c. 21, s. 25; S.C. 2006, c. 9, s. 133.

If agreement complied with

518. (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.

Effect of notice

(2) Service of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the Commissioner from referring the matter to the Director of Public Prosecutions and the Director from instituting such a prosecution.

S.C. 2006, c. 9, s. 134.

If agreement not complied with

519. If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that, as the case may be, the Commissioner may refer the matter to the Director of Public Prosecutions for any action the Director considers appropriate or, if a prosecution was suspended by virtue of subsection 517(8), it may be resumed. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.

S.C. 2006, c. 9, s. 134.

Dismissal of proceedings

520. The court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that he or she has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party's performance with respect to the agreement, is of the opinion that the proceedings would be unfair.

Publication

521. The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party's name, the act or omission in question and a summary of the compliance agreement.

Deregistration

Notice to party

521.1 (1) If the Commissioner has reasonable grounds to suspect that a registered party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election, the Commissioner shall, in writing, notify the party that it is required to show that that is one of its fundamental purposes.

Court application

(2) If, after giving the party a reasonable opportunity to show what its fundamental purposes are, the Commissioner still has reasonable grounds to suspect that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the Commissioner may apply to a court described in subsection 525(1) for an order described in subsection (3).

Order

(3) If the court is satisfied that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the court shall, by order, direct the Chief Electoral Officer to deregister the party and it may

Onus on party

(4) The onus of satisfying the court that one of its fundamental purposes is the purpose described in subsection (1) is on the party.

Factors

(5) In making its decision, the court shall consider all of the factors relevant to determining the party's purposes, including, as applicable, the following:

Exemption

(6) If, in the court's opinion, the public interest and the need to ensure fairness of the electoral process warrant it, the court may, on application, exempt the party and its registered associations from the application of subsection 127(3.3) of the Income Tax Act. If an exemption is granted, the court may impose any conditions on the activities of the party, registered association or candidate that it considers appropriate.

Liquidation

(7) If a chief agent, a financial agent or a person specified by the court is, under subsection (3), directed to liquidate, they shall carry out the liquidation in accordance with subsections 501(4) to (7).

S.C. 2004, c. 24, s. 23.



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