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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

(a) advise the person of the right to be represented by counsel and give the person an opportunity to obtain counsel; and
(b) deliver the person to a peace officer to be dealt with in accordance with the Criminal Code.

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

(a) by intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election; or
(b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election.

Offences under Part 1 (Electoral Rights)

Offences requiring intent – dual procedure

483. Every person is guilty of an offence who contravenes

(a) paragraph 5(a) (voting when not qualified or entitled) or 5(b) (inducing a person not qualified or entitled to vote, to vote); or
(b) section 7 (voting more than once).

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

(a) being a returning officer, wilfully contravenes subsection 24(3) (failure to take promptly any necessary election proceedings); or
(b) contravenes subsection 43.1(1) (refusal to give access to building or gated community).

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

(a) contravenes subsection 22(6) (acting as election officer knowing requirements not met);
(b) knowingly contravenes subsection 23(2) (communication of information for unauthorized purpose);
(c) being a returning officer, contravenes subsection 24(6) (engaging in politically partisan conduct);
(d) being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity);
(e) contravenes paragraph 43(a) (obstruction of election officer) or wilfully contravenes paragraph 43(b) (impersonation of revising agent); or
(f) being a former election officer, wilfully contravenes paragraph 43(c) (failure to return election documents and election materials).

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

(a) contravenes section 89 (signing of nomination paper when ineligible);
(b) wilfully contravenes subsection 90(1) (ineligible person acting as official agent) or 90(2) (ineligible person acting as auditor);
(c) contravenes section 91 (making false statement re candidate);
(d) contravenes section 92 (publication of false statement of withdrawal of candidate);
(e) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);
(f) being a candidate, wilfully contravenes subsection 92.2(5) (failure to provide statement within required period); or
(g) being a candidate, contravenes paragraph 92.6(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 92.6(b) (providing incomplete statement).

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

(a) paragraph 111(b) or (c) (applying improperly to be included on list of electors); or
(b) paragraph 111(f) (unauthorized use of personal information contained in list of electors).

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

(a) being a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to return ballots or unused ballot paper); or
(b) contravenes paragraph 126(a) (forgery of ballot), 126(c) (knowingly printing extra ballot papers), 126(d) (printing of ballot with intent to influence vote) or 126(e) (manufacture, etc., of ballot box with secret compartment).

Offences under Part 9 (Voting)

Strict liability offences – summary conviction

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

(a) being an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees' wages for time given to vote);
(b) section 165 (prohibited use of loudspeaker); or
(c) paragraph 166(1)(b) (wearing of emblems, etc., in polling station).

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who

(a) contravenes subsection 143(5) (vouching for more than one elector);
(a.1) contravenes subsection 143(6) (vouchee acting as voucher);
(a.2) contravenes subsection 155(2) (assisting as a friend more than one elector);
(a.3) contravenes subsection 161(6) (vouching for more than one elector);
(a.4) contravenes subsection 161(7) (vouchee acting as voucher);
(b) being an elector, contravenes subsection 164(2) (failure to maintain secrecy);
(c) contravenes paragraph 166(1)(a) (display of campaign literature in polling place);
(d) contravenes subsection 169(5) (vouching for more than one elector); or
(e) contravenes subsection 169(6) (vouchee acting as voucher).

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

(a) being an employer, contravenes section 134 (preventing employee from using voting time);
(b) being a friend or relative of an elector, wilfully contravenes subsection 155(4) (disclosing for whom elector voted);
(c) being a candidate, an election officer or a representative of a candidate, contravenes subsection 164(1) (failure to maintain secrecy);
(d) contravenes paragraph 166(1)(c) (influencing vote in polling station);
(e) contravenes any of paragraphs 167(1)(a) to (d) (prohibited acts re ballots) or 167(2)(a) to (d) (prohibited acts re ballots or ballot box with intent to influence vote);
(f) being a deputy returning officer, contravenes paragraph 167(3)(a) (initialling ballot with intent to influence vote); or
(g) being a deputy returning officer, contravenes paragraph 167(3)(b) (placing identifying mark on ballot).

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

(a) being a deputy returning officer, wilfully contravenes subsection 174(1) (failure to permit person to vote);
(b) being a poll clerk, wilfully contravenes subsection 174(2) (failure to record vote); or
(c) being a deputy returning officer, contravenes section 175 (improper handling of ballot box and ballots at advance poll), being a returning officer, contravenes subsection 176(2) or (3) or, being a deputy returning officer, contravenes subsection 176(3) (failure to cross names off list of electors) 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.

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

(a) being a deputy returning officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1), section 257 and subsection 258(3) (failure to perform duties with respect to receipt of 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;
(b) being a special ballot officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (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;
(c) being a deputy returning officer or poll clerk, contravenes subsection 276(1), being a deputy returning officer, contravenes subsection 277(1), being a poll clerk, contravenes subsection 277(2), being a deputy returning officer, contravenes subsection 277(3), being a deputy returning officer or poll clerk, contravenes subsection 278(1) or (3) or, being a deputy returning officer, contravenes section 279, (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;
(d) contravenes paragraph 281(g) or (h) (prohibited acts re special voting rules); or
(e) contravenes paragraph 282(a) or (b) (intimidation or inducement re vote under special voting rules).

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

(a) being a deputy returning 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
(b) knowingly contravenes subsection 289(3) (premature counting of votes cast at advance poll).

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

(a) subsection 313(1) (failure to declare candidate elected); or
(b) section 314 (failure to transmit election documents).

Offences under Part 16 (Communications)

Strict liability offences – summary conviction

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

(a) being a candidate, a registered party or a person acting on behalf of a candidate or registered party, contravenes section 320 (failure to indicate authority for election advertising);
(b) contravenes subsection 326(1) or (2) (failure to provide election survey information) or, being a sponsor of an election survey, contravenes subsection 326(3) (failure to provide report on election survey results); or
(c) contravenes section 327 (failure to indicate survey not based on recognized statistical methods).

Offences requiring intent – summary conviction

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

(a) being a landlord or a condominium corporation, wilfully contravenes section 322 (prohibition of election advertising posters on residential premises); or
(b) contravenes section 325 (removal of election advertising).

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

(a) wilfully contravenes subsection 326(1) or (2) (failure to provide election survey information) or, being a sponsor of an election survey, wilfully contravenes subsection 326(3) (failure to provide report on election survey results);
(b) wilfully contravenes section 327 (failure to indicate survey not based on recognized statistical methods);
(c) wilfully contravenes subsection 328(2) (transmission of election survey results during blackout period);
(d) wilfully contravenes section 329 (premature transmission of election results);
(e) wilfully contravenes subsection 330(1) or (2) (foreign broadcasting);
(f) being a broadcaster, wilfully contravenes subsection 335(1) or, being a network operator, wilfully contravenes subsection 335(2) (failure to make broadcasting time available);
(g) being a broadcaster, wilfully contravenes subsection 339(3) (failure to make additional broadcasting time available) or 339(4) (failure to adjust broadcasting time) or, being a network operator, wilfully contravenes subsection 345(1) (failure to make free broadcasting time available);
(h) wilfully contravenes section 348 (failure to charge lowest rate for broadcasting time or advertising space);
(i) being a broadcaster or a network operator, fails to comply with an allocation of or entitlement to broadcasting time under this Act; or
(j) being a broadcaster or a network operator, makes available to a registered party or eligible party within the period described in subsection 335(1) more broadcasting time than is required to be made available by it to that party by an allocation under sections 337 and 338 or entitlement under section 339, without making available to each other registered party or eligible party an amount of additional equivalent broadcasting time that is based on the percentage of broadcasting time made available to it by the original allocation or entitlement.

Offences requiring intent – dual procedure

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

(a) subsection 321(1) (conducting election advertising using government means of transmission) or subsection 323(1) (conducting election advertising during blackout period); or
(b) subsection 328(1) (causing transmission of election survey results during blackout period).

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

(a) any of subsections 350(1) to (3) (exceeding election advertising expense limits);
(b) section 352 (failure to identify self in advertisement);
(c) subsection 353(1) (failure to register);
(d) section 354 (failure to appoint financial agent) or subsection 355(1) (failure to appoint auditor);
(e) subsection 357(3) (use of anonymous contributions) or section 358 (use of foreign contributions); or
(f) subsection 359(1) (failure to file election advertising report) or 359(9) (failure to provide bills or receipts on request).

Offences requiring intent – dual procedure

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

(a) any of subsections 350(1) to (3) or section 351 (exceeding or circumventing election advertising expense limits);
(b) subsection 353(1) (failure to register); or
(c) subsection 359(1) (failure to file election advertising report).

Offences under Part 18 (Finance)

Strict liability offences – summary conviction

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

(a) being a registered party, contravenes section 372 (failure to provide statement of assets and liabilities or related documents);
(b) being a registered party, contravenes subsection 375(3) or, being a registered party or an eligible party, contravenes subsection 374.1(4), section 378, subsection 379(1) or (2) or section 380 (failure to comply with requirements re officers, chief agent, registered agents or auditor);
(c) being a registered party, contravenes subsection 382(1) or (4) (failure to report changes to registered party information);
(d) being a registered party, contravenes section 384 (failure to confirm validity of information on party);
(e) being a chief agent of a deregistered political party, contravenes section 392 (failure to provide financial transactions return or election expenses return or related documents);
(f) [Repealed]
(g) [Repealed]
(h) being a chief agent of a merging registered party, contravenes section 403 (failure to provide financial transactions return or related documents);
(h.01) being an electoral district association, contravenes section 403.01 (failure to register);
(h.02) being an electoral district association of a registered party, contravenes section 403.04 (financial activity during an election period);
(h.03) being a registered association, contravenes section 403.05 (failure to provide statement of assets and liabilities or related documents);
(h.031) being the financial agent of a registered association, contravenes section 403.051 (making erroneous declaration);
(h.04) being a registered association, contravenes subsection 403.09(2) (failure to comply with requirements re: appointment of electoral district agent);
(h.05) being a registered association, contravenes section 403.12, 403.13 or 403.14 (failure to comply with requirements re: appointment of financial agent or auditor);
(h.06) being a registered association, contravenes subsection 403.16(1) (failure to report changes to registered association information);
(h.07) being a registered association, contravenes section 403.17 (failure to confirm validity of information concerning association);
(h.08) being the financial agent of a deregistered electoral district association, contravenes section 403.26 (failure to provide financial transactions return for fiscal period or related documents);
(h.09) being the financial agent of a registered association, contravenes subsection 403.35(1), (2) or (4) (failure to provide financial transactions return or related documents);
(h.1) being the financial agent of a registered association, contravenes section 403.36 (failure to forward certain contributions);
(h.11) being the financial agent of a registered association, contravenes paragraph 403.38(b) (providing incomplete financial transactions return);
(i) being a person or entity, contravenes subsection 404(1) (making contribution while ineligible);
(i.1) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a leadership contestant or nomination contestant, contravenes subsection 404(2) (failure to return or pay amount of ineligible contribution);
(i.2) being a registered party or an electoral district association of one, contravenes subsection 404.3(1) (making prohibited transfer);
(i.3) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant, contravenes section 404.4 (failure to issue receipt);
(i.4) being a person or entity, contravenes subsection 405.2(1) (circumventing contribution limit);
(i.5) being a person or entity, contravenes subsection 405.2(2) (concealing source of contribution);
(i.6) being an individual, contravenes section 405.3 (making indirect contributions);
(i.7) being a person authorized under this Act to accept contributions, contravenes section 405.4 (failure to return or pay amount of contribution);
(j) contravenes subsection 410(1) or (2) (failure to document payment);
(k) being a person authorized to pay petty expenses, contravenes subsection 411(3) (failure to provide documentation of expenditures) or 411(4) (paying excessive petty expenses);
(l) being a chief agent, contravenes subsection 423(1) (exceeding election expense limit) or, being a registered party or third party, contravenes subsection 423(2) (colluding to circumvent election expense limit);
(m) being a chief agent, contravenes section 424 (failure to provide financial transactions return or related documents);
(m.1) being a chief agent, contravenes section 424.1 (failure to provide quarterly return);
(n) being a registered agent, contravenes section 425 (failure to forward excess contributions);
(o) being a chief agent, contravenes paragraph 427(b) (providing incomplete financial transactions return);
(p) [Repealed]
(q) being a chief agent, contravenes section 429 (failure to provide election expenses return or related documents);
(q.01) being a chief agent, contravenes paragraph 431(b) (providing incomplete election expenses return);
(q.011) being the chief executive officer of a provincial division, contravenes subsection 435.02(5) (failure to report provincial division changes);
(q.02) being a registered party, contravenes subsection 435.04(1) or (2) (failure to inform of leadership contest or related changes);
(q.03) being a person, contravenes subsection 435.05(1) (failure to register for a leadership contest);
(q.04) being a leadership contestant, contravenes subsection 435.08(2) or section 435.11, 435.12 or 435.13 (failure to comply with requirements re: appointment of leadership campaign agent, financial agent or auditor);
(q.05) being a leadership contestant, contravenes subsection 435.15(1) or (2) (failure to report changes to leadership contestant information);
(q.06) being a leadership contestant, contravenes section 435.16 (failure to file statement of withdrawal);
(q.07) being a registered party, contravenes section 435.17 (failure to file statement of withdrawal of acceptance);
(q.08) being the financial agent of a leadership contestant, contravenes section 435.21 (failure to satisfy bank account requirements);
(q.09) being a leadership contestant or the financial agent of one, contravenes section 435.24 (failure to pay recoverable claim in timely manner);
(q.1) being the financial agent of a leadership contestant, contravenes subsection 435.3(1), (2) or (6) (failure to provide leadership campaign return or related documents);
(q.11) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 435.3(4);
(q.12) being a leadership contestant, contravenes subsection 435.3(7) (failure to send declaration re: leadership campaign return to agent);
(q.13) being the financial agent of a leadership contestant, contravenes any of subsections 435.31(1) to (3) (failure to provide return on contributions or related documents);
(q.14) being the financial agent of a leadership contestant, contravenes section 435.32 (failure to forward certain contributions);
(q.15) being the financial agent of a leadership contestant, contravenes subsection 435.35(1) or (3) (failure to provide updated financial reporting documents);
(q.16) being a leadership contestant or the financial agent of one, contravenes paragraph 435.43(b) (providing incomplete financial return);
(q.17) being the financial agent of a leadership contestant, contravenes subsection 435.45(2) or section 435.46 (failure to dispose of surplus leadership campaign funds);
(r) being an official agent, contravenes section 437 (failure to satisfy bank account requirements);
(s) being an official agent, a candidate or a person authorized under paragraph 446(c), contravenes subsection 439(2) (incurring more than maximum allowed for notice of nomination meetings) or subsection 443(1) (exceeding election expenses limit) or, being an official agent, candidate, person authorized under paragraph 446(c) or a third party, contravenes subsection 443(2) (colluding to circumvent election expense limit);
(t) being an official agent, contravenes subsection 445(1) (failure to pay recoverable claim in timely manner);
(u) being an official agent, contravenes subsection 451(1), (2), (3) or (4) (failure to provide electoral campaign return or related documents);
(u.1) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 451(2.2);
(v) being a candidate, contravenes subsection 451(5) (failure to send declaration re electoral campaign return to agent);
(w) being an official agent, contravenes section 452 (failure to pay value of contribution that cannot be returned);
(x) being an official agent, contravenes section 455 (failure to provide updated electoral campaign return or related documents);
(y) being an official agent, contravenes paragraph 463(1)(b) (providing incomplete electoral campaign return);
(z) being an official agent, contravenes subsection 472(2) or section 473 (failure to dispose of surplus electoral funds);
(z.1) being a registered agent or financial agent, contravenes section 476 (improper or unauthorized transfer of funds);
(z.2) being an official agent, contravenes subsection 478(2) (failure to return unused income tax receipts);
(z.21) being a registered party or registered association, contravenes subsection 478.02(1) (failure to notify of nomination contest);
(z.22) being a nomination contestant, contravenes section 478.04 (failure to appoint financial agent);
(z.23) being a nomination contestant, contravenes section 478.06, 478.07 or 478.08 (failure to comply with requirements re: appointment of financial agent);
(z.24) being a nomination contestant, contravenes subsection 478.1(1) or (2) (failure to report changes in nomination contestant information);
(z.25) being the financial agent of a nomination contestant, contravenes section 478.12 (failure to satisfy bank account requirements);
(z.26) being a nomination contestant or the financial agent of one, contravenes subsection 478.15(1) (exceeding nomination campaign expenses limit);
(z.27) being a nomination contestant or the financial agent of one, contravenes subsection 478.17(1) (failure to pay recoverable claim in timely manner);
(z.28) being the financial agent of a nomination contestant, contravenes subsection 478.23(1), (2) or (6) (failure to provide nomination campaign return or related documents);
(z.29) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.23(4);
(z.3) being a nomination contestant, contravenes subsection 478.23(8) (failure to send declaration re: nomination campaign return to agent);
(z.31) being the financial agent of a nomination contestant, contravenes section 478.24 (failure to forward certain contributions);
(z.32) being a nomination contestant, contravenes subsection 478.25(1) (failure to appoint auditor);
(z.33) being a nomination contestant, contravenes subsection 478.25(4) or (5) or section 478.26 (failure to comply with requirements re: appointment of auditor);
(z.34) being the financial agent of a nomination contestant, contravenes subsection 478.3(1) or (3) (failure to provide updated financial reporting documents);
(z.35) being the financial agent of a nomination contestant, contravenes paragraph 478.38(b) (providing incomplete financial return); or
(z.36) being the financial agent of a nomination contestant, contravenes subsection 478.4(2) or section 478.41 (failure to dispose of surplus nomination campaign funds).

Offences requiring intent – summary conviction

(2) Every person is guilty of an offence who

(a) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 403.28(1) or (2) (paying or incurring registered association's expenses while ineligible);
(a.1) not being an electoral district agent or a registered agent, knowingly contravenes subsection 403.28(3) or 416(3) (accepting contributions while ineligible);
(a.2) not being the financial agent of a registered association, knowingly contravenes subsection 403.28(4) (accepting or making transfers while ineligible);
(b) not being a chief agent, a registered agent or a person authorized under paragraph 446(c), knowingly contravenes section 416 (paying or incurring registered party's expenses).

Offences requiring intent – dual procedure

(3) Every person is guilty of an offence who

(a) being a registered party, wilfully contravenes section 372 (failure to provide statement of assets and liabilities or related documents);
(b) wilfully contravenes subsection 381(1), (1.1) or (2) (ineligible person acting as officer, chief agent, registered agent or auditor);
(b.1) being an officer of a party, contravenes section 381.1 (officer knowing party not a political party);
(b.2) being a leader of a party, contravenes subsection 384.1(1), (3) or (4) (providing or certifying false or misleading information or making false declaration);
(b.3) being a registered party or an eligible party, contravenes subsection 384.1(2) (providing false or misleading information);
(b.4) being a member of a party, contravenes subsection 384.1(5) (making false declaration);
(c) being a chief agent of a deregistered political party, wilfully contravenes section 392 (failure to provide final transactions return or election expenses return or related documents);
(d) [Repealed]
(e) [Repealed]
(f) being a chief agent of a merging registered party, wilfully contravenes section 403 (failure to provide financial transactions returns or related documents);
(f.01) being an electoral district association, wilfully contravenes section 403.01 (failure to register);
(f.02) being an electoral district association of a registered party, wilfully contravenes section 403.04 (financial activity during an election period);
(f.03) being a registered association, wilfully contravenes section 403.05 (failure to provide statement of assets and liabilities or related documents);
(f.031) being the financial agent of a registered association, knowingly contravenes section 403.051 (making erroneous declaration);
(f.04) being a registered association, wilfully contravenes subsection 403.09(2) (failure to comply with requirements re: appointment of electoral district agent);
(f.05) being a person, wilfully contravenes subsection 403.15(1) or (2) (acting as financial agent or auditor when ineligible to do so);
(f.06) being the financial agent of a deregistered electoral district association, wilfully contravenes section 403.26 (failure to provide financial transactions return for fiscal period or related documents);
(f.07) being the financial agent of a registered association, wilfully contravenes subsection 403.35(1), (2) or (4) (failure to provide financial transactions return or related documents);
(f.08) being the financial agent of a registered association, wilfully contravenes section 403.36 (failure to forward certain contributions);
(f.09) being the financial agent of a registered association, contravenes paragraph 403.38(a) (providing financial transactions return containing false or misleading information);
(f.1) being a person or entity, knowingly contravenes subsection 404(1) (making contribution while ineligible);
(f.11) being a registered party or an electoral district association of one, wilfully contravenes subsection 404.3(1) (making prohibited transfer);
(f.12) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant, wilfully contravenes section 404.4 (failure to issue receipt);
(f.13) being an individual, wilfully contravenes subsection 405(1) (exceeding contribution limit);
(f.14) being a person or entity, knowingly contravenes subsection 405.2(1) (circumventing contribution limit);
(f.15) being a person or entity, knowingly contravenes subsection 405.2(2) (concealing source of contribution);
(f.16) being a person entitled to accept contributions under this Act, contravenes subsection 405.2(3) (knowingly accepting excessive contribution);
(f.161) being a person or entity, knowingly contravenes subsection 405.2(4) (entering prohibited agreement);
(f.162) being a person or entity, contravenes subsection 405.21(1) (soliciting or accepting contribution);
(f.163) being a person or entity, contravenes subsection 405.21(2) (collusion);
(f.17) being an individual, wilfully contravenes section 405.3 (making indirect contributions);
(f.18) being an individual, wilfully contravenes section 405.31 (exceeding cash contribution limit);
(f.19) being a person authorized under this Act to accept contributions, wilfully contravenes section 405.4 (failure to return or pay amount of contribution);
(g) being a chief agent, wilfully contravenes subsection 423(1) (exceeding election expense limit);
(h) being a registered party or a third party, knowingly contravenes subsection 423(2) (colluding to circumvent election expense limit);
(i) being a chief agent, wilfully contravenes section 424 (failure to provide financial transactions return or related documents);
(i.1) being a chief agent, wilfully contravenes section 424.1 (failure to provide quarterly return);
(j) being a registered agent, wilfully contravenes section 425 (failure to forward excess contributions);
(k) being a chief agent, contravenes paragraph 427(a) (providing financial transactions return containing false or misleading statement);
(l) [Repealed]
(m) being a chief agent,
- (i) wilfully contravenes section 429 (failure to provide election expenses return or related documents), or
- (ii) contravenes paragraph 431(a) (providing election expenses return containing false or misleading statement);
(m.01) being a registered party, wilfully contravenes subsection 435.04(1) or (2) (failure to inform of leadership contest or related changes);
(m.02) being a person, wilfully contravenes subsection 435.05(1) (failure to register for a leadership contest);
(m.03) being a person, wilfully contravenes subsection 435.14(1) or (2) (acting as financial agent or auditor when ineligible to do so);
(m.04) being a leadership contestant, wilfully contravenes section 435.16 (failure to file statement of withdrawal);
(m.05) being a registered party, wilfully contravenes section 435.17 (failure to file statement of withdrawal of acceptance);
(m.06) being a person other than a leadership campaign agent, knowingly contravenes subsection 435.22(1) (acceptance of contribution while ineligible);
(m.07) being a leadership campaign agent, knowingly contravenes subsection 435.22(2) (accepting prohibited contribution);
(m.08) being a person or entity, knowingly contravenes subsection 435.22(3) or (4) (paying or incurring expenses for specified purposes while ineligible);
(m.09) being a person, knowingly contravenes subsection 435.22(5) (paying personal expenses of leadership contestant while ineligible);
(m.1) being the financial agent of a leadership contestant, wilfully contravenes subsection 435.3(1), (2) or (6) (failure to provide leadership campaign return or related documents);
(m.11) being the financial agent of a leadership contestant, wilfully fails to comply with a requirement of the Chief Electoral Officer under subsection 435.3(4);
(m.12) being a leadership contestant, wilfully contravenes subsection 435.3(7) (failure to send declaration re: leadership campaign return to agent);
(m.13) being the financial agent of a leadership contestant, wilfully contravenes any of subsections 435.31(1) to (3) (failure to provide return on contributions or related documents);
(m.14) being the financial agent of a leadership contestant, wilfully contravenes section 435.32 (failure to forward certain contributions);
(m.15) being the financial agent of a leadership contestant, wilfully contravenes subsection 435.35(1) or (3) (failure to provide updated financial reporting documents);
(m.16) being a leadership contestant or the financial agent of one, contravenes paragraph 435.43(a) or knowingly contravenes paragraph 435.43(b) (providing document containing false or misleading information or that is substantially incomplete);
(m.17) being the financial agent of a leadership contestant, wilfully contravenes subsection 435.45(2) or section 435.46 (failure to dispose of surplus leadership campaign funds);
(n) being a person other than an official agent, contravenes subsection 438(2) or (3) (accepting or issuing receipts for contributions), being a person or entity, other than a candidate, official agent or person authorized under paragraph 446(c), contravenes subsection 438(4) or (5) (paying or incurring electoral campaign expenses) or, being a person other than a candidate or official agent, contravenes subsection 438(6) (paying candidate's personal expenses);
(o) being a candidate, official agent or person authorized under paragraph 446(c), wilfully contravenes subsection 439(2) (spending more than maximum allowed for notice of nomination meetings);
(p) being an official agent, a candidate or a person authorized under paragraph 446(c), wilfully contravenes subsection 443(1) (exceeding election expenses limit);
(q) being an official agent, a candidate, a person authorized under paragraph 446(c) or a third party, contravenes subsection 443(2) (colluding to circumvent election expenses limit);
(r) being an official agent, wilfully contravenes subsection 451(1), (2), (3) or (4) (failure to provide electoral campaign return or related documents);
(r.1) being an official agent, wilfully fails to comply with a requirement of the Chief Electoral Officer under subsection 451(2.2);
(s) being a candidate, wilfully contravenes subsection 451(5) (failure to send electoral campaign return declaration);
(t) being an official agent, wilfully contravenes section 452 (failure to pay value of excess contribution);
(u) being an official agent, wilfully contravenes section 455 (failure to provide updated electoral campaign return or related documents);
(v) being an official agent, contravenes paragraph 463(1)(a) or knowingly contravenes paragraph 463(1)(b) (providing electoral campaign return containing false or misleading statement or one that is incomplete);
(w) being an official agent, wilfully contravenes subsection 472(2) or section 473 (failure to dispose of surplus electoral funds);
(x) being a registered agent or financial agent, knowingly contravenes section 476 (unauthorized or improper transfer of funds);
(y) being a registered party or registered association, knowingly contravenes subsection 478.02(1) (failure to notify of nomination contest);
(z) being a person, wilfully contravenes section 478.09 (acting as financial agent when ineligible to do so);
(z.01) being a person other than the financial agent of a nomination contestant, knowingly contravenes subsection 478.13(1) (acceptance of contribution while ineligible);
(z.02) being the financial agent of a nomination contestant, knowingly contravenes subsection 478.13(2) (accepting prohibited contribution);
(z.03) being a person or entity, knowingly contravenes subsection 478.13(3), (4) or (5) (paying or incurring expenses for specified purposes or paying personal expenses while ineligible);
(z.04) being a nomination contestant or the financial agent of one, wilfully contravenes subsection 478.15(1) (exceeding nomination campaign expenses limit);
(z.05) being a person or entity, contravenes subsection 478.15(2) (circumventing nomination campaign expenses limit);
(z.06) being the financial agent of a nomination contestant, wilfully contravenes subsection 478.23(1), (2) or (6) (failure to provide nomination campaign return or related documents);
(z.07) being the financial agent of a nomination contestant, wilfully fails to comply with a requirement of the Chief Electoral Officer under subsection 478.23(4);
(z.08) being a nomination contestant, wilfully contravenes subsection 478.23(8) (failure to send declaration re: nomination campaign return to agent);
(z.09) being the financial agent of a nomination contestant, wilfully contravenes section 478.24 (failure to forward certain contributions);
(z.1) being a person, wilfully contravenes section 478.27 (acting as auditor when ineligible to do so);
(z.11) being the financial agent of a nomination contestant, wilfully contravenes subsection 478.3(1) or (3) (failure to provide updated financial reporting documents);
(z.12) being a nomination contestant or the financial agent of one, contravenes paragraph 478.38(a) or knowingly contravenes paragraph 478.38(b) (providing document containing false or misleading information or that is substantially incomplete); or
(z.13) being the financial agent of a nomination contestant, wilfully contravenes subsection 478.4(2) or section 478.41 (failure to dispose of surplus nomination campaign funds).

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

(a) knowingly contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or
(b) being a candidate, knowingly contravenes section 550 (signing document that limits freedom of action in Parliament).

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

(a) on summary conviction, to a fine of not more than $2,000 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 $5,000 or to imprisonment for a term of not more than five years, or to both.

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

(a) perform community service, subject to any reasonable conditions that may be specified in the order;
(a.1) if the offence results, directly or indirectly, in a financial benefit under this Act, or a contribution for which a receipt referred to in subsection 127(3) of the Income Tax Act was issued, pay to the Receiver General an amount that is not more than the financial benefit or contribution, as the case may be;
(b) compensate any other person who has suffered damages as a result of the commission of the offence;
(c) perform any obligation the non-performance of which gave rise to the offence; or
(d) take any other reasonable measure that the court considers appropriate to ensure compliance with this Act.

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,

(a) direct the Chief Electoral Officer to deregister the party;
(b) if it directs deregistration under paragraph (a), direct the chief agent – or another person specified by the court – to liquidate the party's assets; and
(c) if it directs liquidation under paragraph (b), direct the financial agent of each registered association – or another person specified by the court – to liquidate the registered association's assets.

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);

(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

(a) a statement – prepared in accordance with generally accepted accounting principles – of the fair market value of the party's assets and liabilities on the day of the order;
(b) a report by the party's auditor to the chief agent or specified person containing the auditor's opinion as to whether the statement presents, in accordance with generally accepted auditing standards, the fair market value of those assets and liabilities; and
(c) a declaration in the prescribed form by the chief agent or specified person concerning that statement.

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

(a) being a candidate or an official agent of a candidate, contravenes section 92 (publication of false statement of withdrawal of candidate);
(b) being a candidate or an official agent, contravenes subsection 330(2) (foreign broadcasting);
(c) being an official agent, a candidate or a person authorized under paragraph 446(c), wilfully contravenes section 443 (exceeding election expenses limit);
(d) being a candidate or an official agent of a candidate, commits an offence under subsection 480(1) (obstructing electoral process) or 480(2) (inciting, conspiring to act in disorderly manner);
(e) being a candidate, contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or
(f) being a candidate, contravenes section 550 (signing of document that limits freedom of action in Parliament).

Corrupt practice

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

(a) being a candidate or an official agent of a candidate, contravenes section 7 (voting more than once);
(b) being a candidate or an official agent of a candidate, contravenes paragraph 43(a) (obstruction of election officer);
(c) being a candidate or an official agent of a candidate, wilfully contravenes paragraph 43(b) (impersonation of revising agent);
(d) being a candidate or an official agent of a candidate, contravenes paragraph 56(b) (making false statement to have person deleted from Register of Electors);
(e) being a candidate or an official agent of a candidate, contravenes paragraph 56(c) or (d) (forbidden acts re Register of Electors);
(f) contravenes section 89 (signing of nomination paper when ineligible);
(f.1) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);
(g) contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);
(h) contravenes paragraph 167(1)(a) (apply for a ballot under false name); or
(i) being a candidate or an official agent of a candidate, commits an offence under subsection 481(1) (offering bribe).

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

(a) be elected to or sit in the House of Commons; or
(b) hold any office in the nomination of the Crown or of the Governor in Council.

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,

(a) the party or association is deemed to be a person; and
(b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be.

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

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:

(a) refrain from committing any act that it appears to the court is contrary to this Act; and
(b) do any act that it appears to the court is required by this Act.

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

(a) advise the prospective contracting party of the right to be represented by counsel and give him or her an opportunity to obtain counsel; and
(b) obtain the consent of the prospective contracting party to the publication of the agreement under section 521.

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

(a) direct the chief agent – or another person specified by the court – to liquidate the party's assets; and
(b) if it directs liquidation under paragraph (a), direct the financial agent of each registered association – or another person specified by the court – to liquidate the registered association's assets.

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:

(a) the party's constitution, articles of incorporation, letters patent or by-laws or any other information that may indicate those purposes;
(b) the party's political program, annual report to members, fundraising plan, advertising material and policy statements;
(c) the nature and extent of the activities of the party and its registered associations and candidates, including the nature and extent of their involvement in electoral campaigns and any of their public statements in support of another political party or a candidate of another political party;
(d) the funds received by the party and its registered associations and candidates, their sources and how they are used by the party, including as election expenses;
(e) interactions of the party with other entities that are not recognized political parties under the laws of any province that may indicate that it is under the control, direct or indirect, of another entity or that the party is using its status as a registered party primarily for the purpose of providing financial assistance to another entity; and
(f) whether the party is a non-profit entity.

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.

Federal Electoral Legislation – Contents