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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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General Provisions
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| 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.
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| 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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|
Offences under Part 1 (Electoral Rights)
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|
| 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
|
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|
|
(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.
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|
|
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).
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|
|
|
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);
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|
|
|
(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);
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|
|
(a.1) contravenes subsection 161(6)
(vouching for more than one elector);
|
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|
|
(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);
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|
|
|
(b) being a friend or relative of an elector,
wilfully contravenes subsection 155(4)
(disclosing for whom elector voted);
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|
|
(c) being a candidate, an election officer or
a representative of a candidate, contravenes
subsection 164(1) (failure to maintain
secrecy);
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|
|
(d) contravenes paragraph 166(1)(c)
(influencing vote in polling station);
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|
|
(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);
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|
|
(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
|
|