| Remittance of
surplus
|
(2) Surplus electoral funds must be
transferred
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|
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|
(a) in the case of a candidate who was
endorsed by a registered party, to the
registered party or to an electoral district
association of that registered party in the
candidate's electoral district; or
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|
(b) in any other case, to the Receiver
General.
|
|
| Notice of
disposal of
surplus
|
474. (1) An official agent of a candidate
shall, within seven days after disposing of a
candidate's surplus electoral funds, notify the
Chief Electoral Officer in the prescribed form
of the amount and date of the disposal and to
whom the surplus was transferred.
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| Publication
|
(2) As soon as practicable after the disposal
of a candidate's surplus electoral funds, the
Chief Electoral Officer shall, in any manner
that he or she considers appropriate, publish a
notice referred to in subsection (1).
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|
| Requisition
for repayment
|
475. (1) An official agent who has disposed
of a candidate's surplus electoral funds under
paragraph 473(2)(b) and must subsequently
pay an electoral campaign expense of the
candidate may apply to the Chief Electoral
Officer for repayment in an amount that is not
more than the lesser of the amount of the
subsequent payment and the amount of the
surplus electoral funds.
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|
| Repayment
|
(2) On receipt of a request for payment from
the Chief Electoral Officer in relation to an
application, the Receiver General shall pay
the amount specified in the application to the
official agent out of the Consolidated Revenue
Fund.
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| Prohibition -
transfer of
contributions
|
476. No registered agent of a registered
party and no electoral district association of a
registered party shall transfer contributions to
a candidate after polling day except
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|
(a) to pay unpaid claims that are disclosed
in the candidate's electoral campaign
return; or
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|
(b) as authorized by the Chief Electoral
Officer or a court under this Part.
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Supply and Use of Forms
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| Prescribed
forms -
Income Tax
Act
|
477. A candidate and his or her official
agent shall use the prescribed forms for
official receipts to contributors for the purpose
of subsection 127(3) of the Income Tax Act.
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| Provision of
forms to
candidates
|
478. (1) A returning officer shall provide
candidates in his or her electoral district with
the number of copies of each form that he or
she considers necessary to satisfy the
candidates' requirements.
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| Return of
unused forms
|
(2) A candidate and his or her official agent
shall return any unused forms referred to in
section 477 within a month after polling day.
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|
| Designated
forms
|
(3) The Chief Electoral Officer may, from
among forms that are to be provided under
subsection (1), designate those that may only
be provided to the official agent of a candidate
whose nomination has been confirmed under
subsection 71(1).
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|
| 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.
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| 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.
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| 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.
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|
| 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.
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|
| 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.
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| After arrest
|
(6) The officer, supervisor or appointed
person who arrests a person under subsection
(3) shall without delay
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|
(a) advise the person of the right to be
represented by counsel and give the person
an opportunity to obtain counsel; and
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|
(b) deliver the person to a peace officer to
be dealt with in accordance with the
Criminal Code.
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|
| 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.
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|
| 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.
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|
|
|
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|
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.
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|
| 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.
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|
| 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).
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|
| Intimidation,
etc.
|
482. Every person is guilty of an offence
who
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|
|
(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
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|
|
(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.
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|
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|
Offences under Part 1 (Electoral Rights)
|
|
| Offences
requiring
intent - dual
procedure
|
483. Every person is guilty of an offence
who contravenes
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|
|
|
(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
|
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|
|
(b) section 7 (voting more than once).
|
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|
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,
being a returning officer, wilfully contravenes
subsection 24(3) (failure to take necessary
election proceedings).
|
|
| Offences
requiring
intent - dual
procedure
|
(3) Every person is guilty of an offence who
|
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|
|
(a) contravenes subsection 22(6) (acting as
election officer knowing requirements not
met);
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|
(b) knowingly contravenes subsection
23(2) (communication of information for
unauthorized purpose);
|
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|
(c) being a returning officer, contravenes
subsection 24(6) (engaging in politically
partisan conduct);
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|
(d) being a returning officer or assistant
returning officer, wilfully contravenes
section 31 (acting in another capacity);
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|
(e) contravenes paragraph 43(a)
(obstruction of election officer) or wilfully
contravenes paragraph 43(b)
(impersonation of revising agent); or
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|
|
(f) being a former election officer, wilfully
contravenes paragraph 43(c) (failure to
return election documents and election
materials).
|
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|
|
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.
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|
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) or
section 87 (failure to appoint a replacement
official agent or auditor) is guilty of an
offence.
|
|
| Offences
requiring
intent -
summary
conviction
|
(2) Every person who contravenes section
81 (refusal to give access to building) 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);
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|
|
(b) wilfully contravenes subsection 90(1)
(ineligible person acting as official agent)
or 90(2) (ineligible person acting as
auditor);
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|
(c) contravenes section 91 (making false
statement re candidate); or
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|
(d) contravenes section 92 (publication of
false statement of withdrawal of candidate).
|
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|
|
Offences under Part 7 (Revision of List of
Electors)
|
|
| Offences
requiring
intent -
summary
conviction
|
487. (1) Every person who contravenes
paragraph 111(b) or (c) (applying improperly
to be included on list of electors) or 111(f)
(unauthorized use of personal information
contained in list of electors) is guilty of an
offence.
|
|
| 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.
|
|
|
|
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
|
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|
|
(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 155(2)
(assisting as a friend more than one elector);
|
|
|
|
(b) being an elector, contravenes subsection
164(2) (failure to maintain secrecy); or
|
|
|
|
(c) contravenes paragraph 166(1)(a)
(display of campaign literature in polling
place).
|
|
| 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);
|
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|
(f) being a deputy returning officer,
contravenes paragraph 167(3)(a)
(initialling ballot with intent to influence
vote); or
|
|
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|
(g) being a deputy returning officer,
contravenes paragraph 167(3)(b) (placing
identifying mark on ballot).
|
|
|
|
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
|
|