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When certain
proceedings
may be
brought
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(4) No proceedings may be commenced
before the expiration of the period within
which an application may be made under
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Offences under this Part (Enforcement)
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Offence
requiring
intent - dual
procedure
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498. Every person who wilfully
contravenes subsection 479(4) (refusal to
obey order to leave polling place) is guilty of
an offence.
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Offences under Part 21 (General)
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Strict liability
offence -
summary
conviction
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499. (1) Every person who contravenes
subsection 548(1) (removal of posted election
documents) is guilty of an offence.
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Offences
requiring
intent - dual
procedure
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(2) Every person is guilty of an offence who
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Punishment |
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Punishment
- strict
liability
offences
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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.
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Punishment
- offences
requiring
intent
(summary
conviction)
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(2) Every person who is guilty of an offence
under any of subsections 485(1), 487(1),
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.
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Punishment
- offences
requiring
intent
(summary
conviction)
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(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.
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Punishment
- offences
requiring
intent
(summary
conviction -
fine only)
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(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.
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Punishment
- offences
requiring
intent (dual
procedure)
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(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
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Additional
punishment
- third
parties
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(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.
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Additional
penalties
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501. 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
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Illegal Practices and Corrupt Practices |
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Illegal
practice
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502. (1) Every person is guilty of an offence
that is an illegal practice who
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Corrupt
practice
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(2) Every person is guilty of an offence that
is a corrupt practice who
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Consequen- ces of illegal, corrupt practices
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(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
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Miscellaneous Provisions |
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Suspended
parties
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503. (1) A registered party that is suspended
during the 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 suspension, has spent more
than the spending limit set out in section 350.
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Eligible party
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(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.
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Prior expenses
applied
against
spending limit
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(3) If subsection (1) or (2) applies, election
advertising expenses incurred before the
suspension 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.
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Judicial
proceedings
involving
registered or
suspended
parties
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504. In the case of judicial proceedings
involving a registered party or a suspended
party,
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Prosecution of
third
parties -
groups
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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.
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Prosecution of
third
parties -
vicarious
liability
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(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.
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Prosecution of
third party -
group or
corporation
($10,000)
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(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).
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Prosecution of
third party -
group or
corporation
($25,000)
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(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).
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Suspended
party
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506. A suspended party whose chief agent
commits an offence under any of paragraphs
497(1)(e), (f) and (g) and (3)(c), (d) and (e) is
guilty of an offence and liable on summary
conviction to a fine of not more than $25,000.
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Registered
party
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507. A registered party whose chief agent
commits an offence under any of paragraphs
497(1)(l), (m), (n), (o) and (q) 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.
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Evidence
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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.
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Commissioner of Canada Elections |
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Commissioner
of Canada
Elections
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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.
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Chief
Electoral
Officer to
direct inquiry
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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.
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Commissioner
may prosecute
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511. If the Commissioner believes on
reasonable grounds that an offence under this
Act has been committed and is of the view that
the public interest justifies it, the
Commissioner may institute or cause to be
instituted a prosecution for the offence
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Commission- er's consent required
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512. (1) No prosecution for an offence
under this Act may be instituted by a person
other than the Commissioner without the
Commissioner's prior written consent.
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Exception
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(2) Subsection (1) does not apply to an
offence in relation to which an election officer
has taken measures under subsection 479(3).
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Proof of
consent
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(3) Every document purporting to be the
Commissioner's consent under subsection (1)
is deemed to be that consent unless it is called
into question by the Commissioner or by
someone acting for the Commissioner or for
Her Majesty.
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Commissioner
may intervene
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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,
prosecution, injunction or compliance
agreement under this Act.
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Limitation
period
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514. (1) A prosecution for an offence under
this Act must be instituted within eighteen
months after the day on which the offence was
committed.
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Exception
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(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.
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Allowance of
costs
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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.
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Prior
recognizance
required
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(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.
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Costs of
defendant
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(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.
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