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|
(c) being a chief agent of a suspended party,
wilfully contravenes section 392 (failure to
provide final transactions return or election
expenses return or related documents);
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|
(d) being the chief agent of a suspended
party, wilfully contravenes section 393
(failure to provide statement of fair market
value or related documents);
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|
(e) being a chief agent of a suspended party,
wilfully contravenes section 396 (failure to
provide statement of party's expenses or
related documents);
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|
(f) being a chief agent of a merging
registered party, wilfully contravenes
section 403 (failure to provide financial
transactions returns or related documents);
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|
(g) being a chief agent, wilfully
contravenes subsection 423(1) (exceeding
election expense limit);
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|
(h) being a registered party or a third party,
knowingly contravenes subsection 423(2)
(colluding to circumvent election expense
limit);
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|
(i) being a chief agent, wilfully contravenes
section 424 (failure to provide financial
transactions return or related documents);
|
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|
(j) being a registered agent, wilfully
contravenes section 425 (failure to forward
excess contributions);
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|
(k) being a chief agent, contravenes
paragraph 427(a) (providing financial
transactions return containing false or
misleading statement);
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|
(l) being a registered party, wilfully
contravenes section 428 (failure to prepare
trust fund return);
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|
(i) wilfully contravenes section 429
(failure to provide election expenses
return or related documents), or
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|
(ii) contravenes paragraph 431(a)
(providing election expenses return
containing false or misleading
statement);
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|
(n) being a person or entity, knowingly
contravenes subsection 438(1) (making
contribution or loan from prohibited
source), 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;
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|
(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);
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|
(p) being an official agent, a candidate or a
person authorized under paragraph 446(c),
wilfully contravenes subsection 443(1)
(exceeding election expenses limit);
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|
(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);
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|
(r) being an official agent, wilfully
contravenes any of subsections 451(1) to
(4) (failure to provide electoral campaign
return or related documents);
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|
(s) being a candidate, wilfully contravenes
subsection 451(5) (failure to send electoral
campaign expense declaration);
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|
(t) being an official agent, wilfully
contravenes section 452 (failure to pay
value of excess contribution);
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|
(u) being an official agent, wilfully
contravenes section 455 (failure to provide
updated electoral campaign return or
related documents);
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|
(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);
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|
(w) being an official agent, wilfully
contravenes subsection 472(2) or section
473 (failure to dispose of surplus electoral
funds); or
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|
(x) being a registered agent or an electoral
district association, knowingly contravenes
section 476 (unauthorized or improper
transfer of contributions).
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| When certain
proceedings
may be
brought
|
(4) No proceedings may be commenced
before the expiration of the period within
which an application may be made under
|
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|
(a) section 434, in the case of an offence
referred to in paragraph (1)(m) or (q) or
(3)(i) or subparagraph (3)(m)(i); and
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|
(b) section 459, in the case of an offence
referred to in paragraph (1)(u) or (3)(r).
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|
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.
|
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|
|
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
|
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|
(a) knowingly contravenes subsection
549(3) (taking false oath) or 549(4)
(compelling or inducing false oath); or
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|
(b) being a candidate, knowingly
contravenes section 550 (signing document
that limits freedom of action in Parliament).
|
|
|
|
|
|
| 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.
|
|
| Punishment
- offences
requiring
intent
(summary
conviction)
|
(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.
|
|
| 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.
|
|
| 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
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|
|
(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
|
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|
|
(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.
|
|
| Additional
penalties
|
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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|
(a) perform community service, subject to
any reasonable conditions that may be
specified in the order;
|
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|
|
(b) compensate any other person who has
suffered damages as a result of the
commission of the offence;
|
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|
|
(c) perform any obligation the
non-performance of which gave rise to the
offence; or
|
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|
|
(d) take any other reasonable measure that
the court considers appropriate to ensure
compliance with this Act.
|
|
|
|
|
|
| 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);
|
|
|
|
(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.
|
|
|
|
|
|
| Suspended
parties
|
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.
|
|
| 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
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.
|
|
| Judicial
proceedings
involving
registered or
suspended
parties
|
504. In the case of judicial proceedings
involving a registered party or a suspended
party,
|
|
|
|
(a) the party 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 registered party or
suspended party, as the case may be, within
the scope of their authority to act is deemed
to be an act or thing done or omitted to be
done by the registered party or suspended
party.
|
|
| 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).
|
|
| Suspended
party
|
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.
|
|
| Registered
party
|
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.
|
|
| 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.
|
|