This enactment amends the Canada Elections Act to, among other things,

The enactment also provides that the Chief Electoral Officer must make a report on the measures that need to be taken to implement a three-day polling period, a report on the measures that need to be taken to enable electors to vote at any place in their polling station, a report on the feasibility of enabling electors to vote at any polling station in their electoral district and a report proposing a process for the determination of whether a political party has as one of its fundamental purposes the promotion of hatred against an identifiable group of persons.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

polling station means a place established under section 120, 122, Insertion start 124 Insertion end , 125, 205, 206, 207, 253 or 255 for electors to cast their votes.‍ (bureau de scrutin)

Alternative voting

(2) The Chief Electoral Officer may devise and test an alternative voting process for future use in Insertion start one or more elections Insertion end .

Voting technology — electors with a disability

(3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability and may test the technology for future use in Insertion start one or more elections Insertion end .

Prior approval

(4) An alternative voting process Insertion start or Insertion end voting technology tested under subsection (2) or (3) may, Insertion start with Insertion end the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters, be used in Insertion start one or more elections held within six years after the day on which the approval is granted Insertion end .

Notification

(5) Each time an alternative voting process or voting technology approved for use under subsection (4) is to be used, the Chief Electoral Officer shall notify the committees of the election in which it is to be used and the way in which it is to be used.

Minor modifications

(6) The Chief Electoral Officer may make modifications in relation to an alternative voting process or voting technology approved for use under subsection (4) that are, in the Chief Electoral Officer’s opinion, minor technical or operational modifications.

List in Canada Gazette

25 Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, Insertion start municipality (or equivalent) and province of residence Insertion end and occupation of the returning officer for each electoral district in Canada.

Election dates

(2) Subject to subsection (1), each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election. Insertion start However, if Insertion end Monday, October Insertion start 20, 2025 would be the day fixed for voting at a general election under Insertion end this Insertion start subsection Insertion end , that general election Insertion start must instead be Insertion end held on Insertion start Monday, October 27, 2025 Insertion end .

Alternate day

56.‍2 (1) If the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.‍1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall, Insertion start no later than March 1 in the year before the year in which the general election is to be held Insertion end , recommend to the Governor in Council that polling day be that other day Insertion start and provide the Governor in Council with the reasons for the Chief Electoral Officer’s opinion and recommendation Insertion end .

For greater certainty

(1.‍1) For greater certainty, the Chief Electoral Officer may carry out any consultations the Chief Electoral Officer considers appropriate before recommending that polling day be another day.

Publication of recommendation

(2) If the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), Insertion start the Chief Electoral Officer Insertion end shall without delay publish in the Canada Gazette notice of the day recommended Insertion start and the reasons provided under subsection (1) Insertion end .

Limitation

(4) The alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or Insertion start a Insertion end Monday Insertion start in Insertion end the Insertion start two weeks before or after the week in which the election would otherwise be held Insertion end .

Timing of proclamation

(5) An order under subsection (3) shall not be made after Insertion start September Insertion end 1 in the year Insertion start before the year Insertion end in which the general election is to be held.

Rejection of recommendation

(6) If the Governor in Council rejects the recommendation, the Chief Electoral Officer shall exercise any of the Chief Electoral Officer’s powers under this Act that the Chief Electoral Officer considers necessary for the purpose of enabling electors to exercise their right to vote.

• (e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures of at least Insertion start 75 Insertion end electors resident in the electoral district;

• (f) for an electoral district listed in Schedule 3, the names, addresses and signatures of at least 50 electors resident in the electoral district; and

Filing of nomination paper

67 (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time Insertion start during the period that begins on one of the following days and ends on Insertion end the Insertion start closing day for Insertion end nominations:

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  (a) the first day of the pre-election period in the case of a general election that is held on a day set in accordance with subsection 56.‍1(2) or section 56.‍2; and

• (b) the date of the issue of the Notice of Election in any other case.

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Closing day for nominations

69 The closing day for nominations shall be Insertion start Saturday Insertion end , the Insertion start 23rd Insertion end day before polling day.

Notice to candidate of confirmation or refusal

71 (1) The returning officer shall, not later than Insertion start 96 Insertion end hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.

Confirmation of nomination — pre-election period

(4) A confirmation of a nomination that is given during the pre-election period does not have effect until the date of the issue of the Notice of Election.

Notice of name to appear on ballot

(5) The returning officer shall, not later than Insertion start 96 Insertion end hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)‍(a)‍(i.‍1) is the name that is to appear on the ballot in respect of the prospective candidate.

Clarification

(2) Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published Insertion start and regardless of the manner or medium in which the false statement is made or published Insertion end .

Conveying false or misleading information — nomination paper

92.‍1 No person or entity shall convey or cause to be conveyed false or misleading information to be included in a nomination paper.

Filing nomination paper — false or misleading information

92.‍2 No person who files a nomination paper under section 67 shall file a nomination paper containing false or misleading information.

Preliminary lists to parties

(1.‍1) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued Insertion start if the party Insertion end

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  (a) was represented in the House of Commons on the day before the day on which the writ was issued;

• (b) endorsed a candidate in one of the last two elections in that electoral district; or

• (c) endorsed candidates in at least two thirds of all electoral districts in the last general election.

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Electoral Boundaries Readjustment Act

(1.‍2) For the purposes of paragraph (1.‍1)‍(b), if the boundaries of an electoral district are revised or a new electoral district is established as a result of a representation order referred to in section 25 of the Electoral Boundaries Readjustment Act, a candidate who, in one of those last two elections, was endorsed in an electoral district that coincides with all or part of the revised electoral district or new electoral district is considered to have been endorsed in the revised or new electoral district.

Contents of notice

(2)  Insertion start Subject to subsection (2.‍1) Insertion end , the notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate

Contents of notice — polling stations in institutions

(2.‍1) In the case of an elector whose polling station is established under subsection 124(1), the notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate

• (a) the address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;

• (b) the dates on which and hours during which the polling station is open;

• (c) the fact that proof of the elector’s identity will be required before the elector is allowed to vote at the elector’s polling station;

• (d) the dates of advance polls and the voting hours and locations of advance polling stations;

• (e) the fact that proof of the elector’s identity and residence will be required before the elector is allowed to vote at an advance polling station; and

• (f) a telephone number to call for more information.

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Revision of preliminary lists of electors

96 (1) The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall Insertion start end Insertion end at 6:00 p.‍m. on the Insertion start 5th Insertion end day before polling day.

Notice of confirmation of registration

102 Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsection 95(2) or Insertion start (2.‍1), as the case may be Insertion end , and Insertion start subsection 95 Insertion end (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).

Revised list of electors

105 (1) Each returning officer shall, on the Insertion start 12th Insertion end day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.

Publication of revised lists

(2) The Chief Electoral Officer shall, not later than the Insertion start 6th Insertion end day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.

Official list of electors

106 Each returning officer shall, without delay after the Insertion start 6th Insertion end day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.

Exclusion of Information

Elector

109.‍1 (1) At the written request of an elector, the Chief Electoral Officer shall exclude, for a period of five years, the elector’s name and address, as well as the identifier assigned to them by the Chief Electoral Officer, from the lists made available to registered parties, eligible parties, members or candidates under subsection 45(1) or 93(1.‍1), section 94, 104.‍1 or 104.‍2 or subsection 107(3) or (4) or 109(2).

Publication

(2) The Chief Electoral Officer shall publish each year, in a manner that the Chief Electoral Officer considers appropriate, the number of requests received the preceding year under subsection (1).

• (g) a ballot box for polling day and Insertion start one or more Insertion end ballot Insertion start boxes Insertion end for advance polling;

• (h) the text of the Insertion start solemn declarations Insertion end to be Insertion start made by Insertion end electors; and

Polling station consisting of long-term care institution

124 (1) If a polling division consisting of one institution or a part of an institution is constituted under subsection 538(5), the returning officer shall establish a polling station in the institution or part of the institution.

Opening period

(2) The returning officer shall open a polling station established under subsection (1) for the days and hours — during the period that begins on the 13th day before polling day and ends on polling day — that the returning officer considers necessary to give electors residing in the institution or part of the institution, as the case may be, a reasonable opportunity to vote, but the polling station is not to be open for a total of more than 12 hours during that period.

Notice

(3) The returning officer shall give notice to the candidates of the days and hours that a polling station established under subsection (1) is open in accordance with the instructions of the Chief Electoral Officer.

Provisions applicable to polling station

(4) Subject to section 125.‍01 and the instructions of the Chief Electoral Officer, the provisions of this Act that relate to polling stations shall, in so far as they are applicable, apply to a polling station established under subsection (1).

Provisions applicable to mobile polls

(4) Subject to Insertion start section 125.‍01 and Insertion end the instructions of the Chief Electoral Officer, the provisions of this Act that relate to Insertion start polling stations Insertion end shall, in so far as they are applicable, apply to mobile polling stations.

Exceptions — proof of residence

125.‍01 Subject to the instructions of the Chief Electoral Officer, if an elector whose place of ordinary residence is in an institution or part of an institution in which a polling station is established under subsection 124(1) or 125(1) wishes to vote at the polling station, vouch for another elector at the polling station or register their name on the list of electors in person at the polling station, the following rules apply:

• (a) the elector is not required to provide proof of residence for the purposes of subsection 143(2) or paragraph 161(1)‍(a) or prove residence for the purposes of subsection 143(3), section 144, subsection 147(1), section 148 or paragraph 161(1)‍(b);

• (b) for the purposes of paragraphs 143(2)‍(a) and (b) and (3)‍(a) and 161(1)‍(a) and subparagraph 161(1)‍(b)‍(i), the elector is not required to provide pieces of identification that contain the elector’s address, establish the elector’s address or contain an address that proves the elector’s residence or is consistent with information related to the elector that appears on the list of electors;

• (c) if the elector makes the solemn declaration referred to in subsection 549.‍1(1) for the purposes of subsection 143(3), section 144, subsection 147(1), section 148 or paragraph 161(1)‍(b), the solemn declaration is not required to include the statement referred to in paragraph 549.‍1(1)‍(a);

• (d) if the elector makes the solemn declaration referred to in subsection 549.‍1(2) for the purposes of paragraph 143(3)‍(b) or subparagraph 161(1)‍(b)‍(ii), the solemn declaration is not required to include the statement referred to in paragraph 549.‍1(2)‍(a);

• (e) for the purposes of subsections 143(3.‍01), 143.‍1(1), 161(2) and 161.‍1(1), the elector may decide to prove identity only;

• (f) for the purposes of subsection 143(4), the election officer is deemed to be satisfied that the elector’s residence has been proven;

• (g) if the elector makes the solemn declaration referred to in section 146 or the solemn declaration referred to in the subsection 161(4) for the purposes of that section or subsection, that solemn declaration is not required to include the statement that the elector resides at the address at which the elector claims to reside; and

• (h) for the purposes of subsection 148.‍1(1), the elector is deemed to have proven residence in accordance with section 143.

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• (a) in person at a polling station on polling day Insertion start or at a polling station established under subsection 124(1) Insertion end ;

• (e) an elector and a Insertion start person Insertion end who is Insertion start assisting the elector Insertion end by virtue of subsection 155(1), only for the period necessary to enable the elector to vote;

Opening of polling station in long-term care institution

140.‍1 (1) When a polling station established under subsection 124(1) opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present,

• (a) on the first day that the polling station is open,

  • (i) open the ballot box and ascertain that it is empty,

  • (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and

  • (iii) place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day; and

• (b) on each subsequent day, if any, that the polling station is open, place the ballot box on a table in full view of all present and, subject to section 157, ensure that the box remains there until the polling station closes on that day.

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Close of polling station

(2) At the close of the polling station on each day that it is open, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

Other ballot boxes

(3) If an election officer who is assigned to the polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the polling station, then an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,

• (a) take the steps set out in subparagraphs (1)‍(a)‍(i) to (iii) with regard to that other ballot box; and

• (b) take the steps set out in paragraph (1)‍(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.

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Candidates may check seals

(4) The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:

• (a) for any ballot box that was used at the polling station, note may be taken when the polling station closes;

• (b) for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and

• (c) for each of the ballot boxes that were used at the polling station, note may be taken when the votes are counted on polling day.

  End of inserted block

Custody of ballot boxes

(5) Until the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in their custody in accordance with the Chief Electoral Officer’s instructions.

Ballot boxes

(6) Subsections 175(6) to (9) apply in respect of each ballot box used at the polling station.

Assistance by person

155 (1) If an elector requires assistance to vote, a person may accompany the elector into the voting compartment and assist the elector to mark Insertion start their Insertion end ballot.

Transfer certificate for elector in certain circumstances

(3.‍1) An elector whose name appears on the list of electors for a polling station and who, on polling day, attends at another polling station in the same electoral district is entitled on request to receive a transfer certificate to vote at that other polling station if they make a solemn declaration, in the prescribed form, that they are unable to attend at the polling station for which their name appears on the list of electors before its close.

Advance polling stations in one or more communities

(8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district, in premises in one Insertion start or Insertion end more Insertion start of those communities, that shall be open for the days and hours, during Insertion end the Insertion start period that begins Insertion end on the Insertion start 11th day before Insertion end polling Insertion start day Insertion end and Insertion start ends on Insertion end the Insertion start 6th day before Insertion end polling Insertion start day, that the returning officer considers necessary Insertion end to Insertion start give electors Insertion end who Insertion start reside in the district a reasonable opportunity Insertion end to Insertion start vote Insertion end . For greater certainty, subsections (5) to (7) apply to the advance polling station.

Transfer certificate for elector in certain circumstances

(5) An elector whose name appears on the revised list of electors for an advance polling station established under subsection 168(8) and who attends at another advance polling station in the same electoral district is entitled on request to receive a transfer certificate to vote at that other polling station if they make a solemn declaration, in the prescribed form, that they are unable to attend at the advance polling station for which their name appears on the revised list of electors before its close.

When advance polling stations to be open

(2) An advance polling station shall be open from 9:00 a.‍m. to 9:00 p.‍m. on Insertion start Thursday Insertion end , Friday, Saturday, Sunday, Monday and Insertion start Tuesday Insertion end , the Insertion start 11th Insertion end , 10th, 9th, 8th, 7th and Insertion start 6th Insertion end days, respectively, before polling day, and shall not be open at any other time.

• (b) on the 2nd, 3rd, 4th, Insertion start 5th Insertion end and Insertion start 6th Insertion end days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

Close of advance polling station

(2) At the close of an advance polling station at 9:00 p.‍m. on each of the Insertion start six Insertion end days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

• (a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the Insertion start six Insertion end days of advance polling;

Mandat pour lieu d’habitation ou pour véhicule

(7) Dans le cas où l’urne à recouvrer se trouve dans un lieu d’habitation ou dans un véhicule, le directeur du scrutin ne peut y entrer sans le consentement de l’occupant Insertion start ou du propriétaire Insertion end que s’il accompagne un agent de la paix muni d’un mandat décerné en vertu du paragraphe (8).

• c) soit l’occupant Insertion start ou le propriétaire Insertion end a refusé l’entrée au directeur du scrutin, soit il y a des motifs raisonnables de croire que tel sera le cas ou qu’il sera impossible Insertion start pour le directeur Insertion end d’obtenir le consentement de Insertion start l’un de ceux-ci Insertion end .

Collecting the record of votes cast at an advance polling station

176 (1) As soon as possible after the close of advance polling stations on Insertion start Tuesday Insertion end , the Insertion start 6th Insertion end day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.

Prohibition — change of address

224 The address Insertion start indicated Insertion end as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.

Conditions for voting by special ballot

232 (1) An elector may vote under this Division if Insertion start the elector’s Insertion end application for registration and special ballot, Insertion start which may be submitted in writing or in electronic form Insertion end , is received by a returning officer in an electoral district or by the special voting rules administrator Insertion start during the pre-election period or Insertion end after the issue of the writs but before 6:00 p.‍m. on the 6th day before polling day.

Vote by special ballot only

235 Once an elector’s application for registration and special ballot has been accepted, the elector may vote only under this Division Insertion start unless the elector Insertion end

• Start of inserted block

  (a) is authorized by the returning officer to vote other than under this Division;

• (b) returns the special ballot and outer envelope that the elector received to a designated election officer in person at

  • (i) the office of the returning officer in the elector’s electoral district,

  • (ii) the elector’s advance polling station, or

  • (iii) the elector’s polling station; or

• (c) makes the solemn declaration referred to in subsection 549.‍1(1) in writing.

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Receipt of special ballot — application made in electoral district

(2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure

• Insertion start (a) Insertion end  that the ballot is received at the office of that returning officer before the close of the polling stations on polling day Insertion start by sending the sealed outer envelope to the returning officer by mail or any other means; or Insertion end

• Start of inserted block

  (b) that the ballot is received at a polling station in that district before the closing of the polling stations on polling day by depositing the sealed outer envelope in a ballot box for the deposit of outer envelopes installed under subsection (2.‍1).

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Installation of ballot boxes for special ballots

(2.‍1) The returning officer shall install a ballot box for the deposit of outer envelopes during voting hours on polling day in each polling station in the electoral district except polling stations within locations specified by the Chief Electoral Officer.

Locations without ballot boxes for special ballots

(2.‍2) The Chief Electoral Officer shall, not later than the 6th day before polling day, publish a list of locations within which a ballot box for the deposit of outer envelopes is not to be installed at polling stations on the Chief Electoral Officer’s Internet site and cause that list to be published in the Canada Gazette.

Ballot boxes at close of polling station

(2.‍3) At the close of a polling station, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions in respect of the outer envelopes deposited in ballot boxes.

Assistance by person

243.‍01 (1) If an elector requires assistance to vote, a person may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark Insertion start their Insertion end ballot.

Voting in post-secondary educational institutions

243.‍2 (1) The Chief Electoral Officer shall notify the post-secondary educational institutions that the Chief Electoral Officer considers appropriate that offices for voting by special ballot may be established on their premises in a general election.

Establishment of office

(2) A returning officer shall, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish an office for voting by special ballot on the premises of a post-secondary educational institution in the returning officer’s electoral district if

• (a) an office for voting by special ballot was established on the institution’s premises for the general election held in 2019 and the institution agrees to the establishment of an office for voting by special ballot on its premises; or

• (b) the institution requests the returning officer to establish an office for voting by special ballot on its premises.

  End of inserted block

Application and voting in office

(3) An elector who applies in person to vote at an office established under subsection (2) shall be given a special ballot and may vote by following the procedure set out in subsections 227(2) and (3) and return the outer envelope to an election officer at any such office.

Voting in office

(4) An elector who has received a special ballot, other than an elector referred to in subsection (3), may vote in person at an office established under subsection (2) by following the procedure for voting set out in subsections 227(2) and (3) and return the outer envelope to an election officer at that office.

Opening period

(5) An office established under subsection (2) may be open during the period that begins on the 15th day before polling day and ends at 6:00 p.‍m. on the 8th day before polling day, but the office is not to be open for more than 12 hours each day that it is open during that period.

Only registered party

(2.‍1) No special ballot shall be rejected for the sole reason that the elector has written, instead of the name of a candidate, the name of a registered party that has endorsed a candidate in the elector’s electoral district, if the ballot clearly indicates the elector’s intent. The ballot is deemed to have the name of the candidate endorsed by that party written on it.

Only registered party

(4) No special ballot shall be rejected for the sole reason that the elector has written, instead of the name of a candidate, the name of a registered party that has endorsed a candidate in the elector’s electoral district, if the ballot clearly indicates the elector’s intent. The ballot is deemed to have the name of the candidate endorsed by that party written on it.

• (f) alter, deface or destroy a ballot, Insertion start a special ballot Insertion end , the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;

• (i) destroy, take, open or otherwise interfere with a ballot box, Insertion start inner or outer envelope Insertion end or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.

Undue influence by foreigners

282.‍4 (1) No person or entity referred to in any of paragraphs (a) to (e) shall unduly influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , at Insertion start an Insertion end election:

• (b) a corporation or entity incorporated, formed or otherwise organized outside Canada Insertion start if it Insertion end does not carry on business in Canada or Insertion start one of the primary activities that it carries on Insertion end in Canada Insertion start consists of doing anything Insertion end to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, potential candidate, registered party or Insertion start eligible party Insertion end , at Insertion start an Insertion end election;

Meaning of unduly influencing

(2) For the purposes of subsection (1), a person or entity unduly influences an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , at an election if

• (a) they knowingly incur any expense to directly promote or oppose a candidate Insertion start or potential candidate Insertion end in that election, a registered party or Insertion start eligible party Insertion end that has endorsed a candidate Insertion start or potential candidate Insertion end in that election or the leader of such a registered party Insertion start or eligible party; or Insertion end

Exceptions

(3) For greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the elector to vote or refrain from voting, or to vote or refrain from voting for the particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , consists of

• (b) a statement by them that encourages the elector to vote or refrain from voting for any candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end in the election; or

Selling advertising space

(5) No person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit an election advertising message or Insertion start partisan advertising message Insertion end or to cause an election advertising message or Insertion start partisan advertising message Insertion end to be transmitted.

• (a) that has not been supplied by Insertion start an election officer Insertion end ;

Prohibition — use of broadcasting station outside Canada

330 (1) No person shall, with intent to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , at an election, use a broadcasting station outside Canada, or aid, abet, counsel or procure the use of a broadcasting station outside Canada, for the broadcasting of any matter having reference to an election.

• (a) in Insertion start Divisions Insertion end 0.‍1 Insertion start and 0.‍2 Insertion end , a person or a group other than

• (b) a corporation or entity incorporated, formed or otherwise organized outside Canada Insertion start if it Insertion end does not carry on business in Canada or Insertion start one of the primary activities that it carries Insertion end on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , at an election;

DIVISION 0.‍2 

Prohibition on Accepting Certain Contributions

Prohibition — cryptoasset, money order or payment product

349.‍04 No third party shall accept a contribution made for partisan activity, partisan advertising, election advertising or election survey purposes that is in the form of

• (a) a cryptoasset, namely a digital asset protected by cryptographic measures;

• (b) a money order; or

• (c) a prepaid payment product, namely a physical or electronic product that is or can be loaded with funds and that can be used to make withdrawals or purchase goods or services.

  End of inserted block

Return of cryptoasset, money order or payment product

349.‍05 If a third party receives a contribution referred to in section 349.‍04, the third party shall, within 30 days after becoming aware of the receipt of the contribution, take one of the following measures:

• (a) return the contribution unused to the contributor;

• (b) if it is not possible to return the contribution, destroy it unused;

• (c) if it is not possible to return or destroy the contribution, convert it into money and pay the amount of it to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

  End of inserted block

• (i) it does not carry on business in Canada or Insertion start one of the primary activities that it carries Insertion end on in Canada during a pre-election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , at the following election, and

Registration requirement for third parties

349.‍6 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $ Insertion start 1,500 Insertion end :

List of Canadian contributors

(2.‍1) If subsection 349.‍95(1) applies to the third party, the interim third-party expenses return shall include the following for each Canadian individual whose contributions of a total amount of more than $200 were used to pay for the regulated expenses under that subsection:

• (a) their name and address;

• (b) the amount of each contribution;

• (c) a list of the property or services that was contributed; and

• (d) the date each contribution was made.

  End of inserted block

• (a) the amount of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)‍(a);

• (b) for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)‍(a), their name and address and the amount and date of each contribution; and

Prohibition — use of anonymous contributions

349.‍94 No third party shall use a contribution made for partisan activity, partisan advertising or election survey purposes for the purpose of any of the following if the third party does not know the name and address of the contributor:

Limitation on expenses

349.‍95 (1) A third party shall use only contributions from Canadian individuals to pay for regulated expenses and use, as regulated expenses, only property or services that are contributions from Canadian individuals.

Own funds

(2) However, if the total amount of contributions received, from all sources and for any purpose, by the third party during the previous year is equal to or less than 10% of its revenue for that year, the third party may use its own funds, namely funds that are not contributions made to it, to pay for regulated expenses and use, as regulated expenses, property or services that it has provided. In that case, the third party shall include financial statements for the previous year in the third-party expenses return referred to in section 359.

Excluded amounts

(3) For the purposes of subsection (2), grants and contributions received from the Government of Canada or of a province or from a municipality are not included in determining the third party’s revenue for the previous year.

Previous year — choice of third party

(4) For the purposes of subsections (2) and (3), the third party may choose as their previous year either

• (a) the calendar year that precedes the calendar year in which a pre-election period occurs, or

• (b) the fiscal year that precedes the fiscal year in which a pre-election period occurs.

  End of inserted block

Non-application

(5) This section does not apply in respect of a third party who is an individual or a third party that is not required to register under subsection 349.‍6(1).

Definitions

(6) The following definitions apply in this section.

Canadian individual means an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.‍ (particulier canadien)

regulated expenses means any of the following expenses:

• (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

• (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

• (c) election survey expenses in relation to election surveys that are conducted during that period.‍ (dépenses réglementées)

  End of inserted block

• (i) it does not carry on business in Canada or Insertion start one of the Insertion end primary Insertion start activities that it carries on Insertion end in Canada during an election period Insertion start consists of doing anything Insertion end to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, Insertion start potential candidate Insertion end , registered party or Insertion start eligible party Insertion end , at the election, and

Registration requirement for third parties

353 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $ Insertion start 1,500 Insertion end :

List of Canadian contributors

(2.‍1) If subsection 349.‍95(1) or 358(1) applies to the third party, the interim third-party expenses return shall include the following for each Canadian individual whose contributions of a total amount of more than $200 were used to pay for the regulated expenses under that subsection:

• (a) their name and address;

• (b) the amount of each contribution;

• (c) a list of the property or services that was contributed; and

• (d) the date each contribution was made.

  End of inserted block

• (a) the amount of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)‍(b);

• (b) for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)‍(b), their name and address and the amount and date of each contribution; and

Prohibition — use of anonymous contributions

357.‍1 No third party shall use a contribution for the purpose of any of the following if the third party does not know the name and address of the contributor:

Limitation on expenses

358 (1) A third party shall use only contributions from Canadian individuals to pay for regulated expenses and use, as regulated expenses, only property or services that are contributions from Canadian individuals.

Own funds

(2) However, if the total amount of contributions received, from all sources and for any purpose, by the third party during the previous year is equal to or less than 10% of its revenue for that year, the third party may use its own funds, namely funds that are not contributions made to it, to pay for regulated expenses and use, as regulated expenses, property or services that it has provided. In that case, the third party shall include financial statements for the previous year in the third-party expenses return referred to in section 359.

Excluded amounts

(3) For the purposes of subsection (2), grants and contributions received from the Government of Canada or of a province or from a municipality are not included in determining the third party’s revenue for the previous year.

Previous year — choice of third party

(4) For the purposes of subsections (2) and (3), the third party may choose as their previous year either

• (a) the calendar year that precedes the calendar year in which a pre-election period occurs, or

• (b) the fiscal year that precedes the fiscal year in which a pre-election period occurs.

  End of inserted block

Non-application

(5) This section does not apply in respect of a third party who is an individual or a third party that is not required to register under subsection 353(1).

Definitions

(6) The following definitions apply in this section.

Canadian individual means an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.‍ (particulier canadien)

regulated expenses means any of the following expenses:

• (a) partisan activity expenses in relation to partisan activities that are carried out during an election period;

• (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

• (c) election survey expenses in relation to election surveys that are conducted during that period.‍ (dépenses réglementées)

  End of inserted block

List of measures

(3.‍1) If section 349.‍05 applies to the third party, the third-party expenses return shall include a list of the measures that the third party has taken in accordance with that section.

Financial statements

(3.‍2) If subsection 349.‍95(2) or 358(2) applies with respect to the third party, the third-party expenses return shall include the financial statements referred to in that subsection.

List of Canadian contributors

(3.‍3) If subsection 349.‍95(1) or 358(1) applies with respect to the third party, the third-party expenses return shall include the following for each Canadian individual whose contributions of a total amount of more than $200 were used to pay for the regulated expenses under that subsection:

• (a) their name and address;

• (b) the amount of each contribution;

• (c) a list of the property or services that was contributed; and

• (d) the date each contribution was made.

  End of inserted block

• (a) the amount of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning on the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on the polling day referred to in that subsection;

• (b) for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a), their name and address and the amount and date of each contribution; and

Names to be provided

(7) If the third party is unable to identify which contributions were received during the period referred to in paragraph (4)‍(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the third-party expenses return shall include the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

Prohibition — cryptoasset, money order or payment product

372.‍1 No registered party, registered association, nomination contestant, candidate or leadership contestant shall accept a contribution that is in the form of

• (a) a cryptoasset, namely a digital asset protected by cryptographic measures;

• (b) a money order; or

• (c) a prepaid payment product, namely a physical or electronic product that is or can be loaded with funds and that can be used to make withdrawals or purchase goods or services.

  End of inserted block

Return of cryptoasset, money order or payment product

372.‍2 If a person or entity referred to in section 372.‍1 receives a contribution referred to in that section, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant shall, within 30 days after becoming aware of the receipt of the contribution, take one of the following measures:

• (a) return the contribution unused to the contributor;

• (b) if it is not possible to return the contribution, destroy it unused;

• (c) if it is not possible to return or destroy the contribution, convert it into money and pay the amount of it to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

  End of inserted block

Report

Publication of reports

(13) The Chief Electoral Officer shall publish reports provided under subsections (1), (6) and (8), and any corrected or revised versions of those reports, as soon as feasible after receiving them, in the manner that he or she considers appropriate. Insertion start The reports that are published must limit the information on the location referred to in paragraph (2)‍(a) to the municipality, or its equivalent, and the province in which the event took place. Insertion end

Interpretation

Definition of personal information

384.‍9 In this Division, personal information means information about an identifiable individual.

• (k) the party’s policy for the protection of personal information; and

• Start of inserted block

  (d) the Chief Electoral Officer is satisfied that the party’s policy for the protection of personal information meets the requirements set out in subsection 444.‍4(1).

  End of inserted block

• Start of inserted block

  (c) a statement certified by its privacy officer that the party complies with its policy for the protection of personal information.

  End of inserted block

List of measures

(2.‍1) If section 372.‍2 applies to the registered party, the financial transactions return shall include a list of the measures that the chief agent of the registered party has taken in accordance with that section.

SUBDIVISION C 

Personal Information Collected by Political Parties

Purpose

444.‍1 The purpose of this subdivision is to provide for a national, uniform, exclusive and complete regime applicable to registered parties and eligible parties respecting their collection, use, disclosure, retention and disposal of personal information.

Collection, use, disclosure, retention and disposal

444.‍2 In order to participate in public affairs by endorsing one or more of its members as candidates and supporting their election, any registered party or eligible party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, may, subject to this Act and any other applicable federal Act, collect, use, disclose, retain and dispose of personal information in accordance with the party’s policy for the protection of personal information.

Policy for the protection of personal information

444.‍3 (1) A registered party or eligible party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, must comply with the party’s policy for the protection of personal information.

Clarification

(2) For greater certainty, a person or entity referred to in subsection (1) that fails to comply with the policy referred to in that subsection contravenes that subsection and commits a violation referred to in section 508.‍1.

Required contents

444.‍4 (1) The policy for the protection of personal information of a registered party or of an eligible party must be publicly available in both official languages, be written in plain language and

• (a) designate a privacy officer who is responsible for overseeing the party’s compliance with the policy;

• (b) include the name and contact information of the privacy officer;

• (c) state the types of personal information that the party collects, retains, uses, discloses and disposes of;

• (d) explain, using illustrative examples, how the party collects, retains, uses, discloses and disposes of personal information, such as by indicating whether it does so in the context of online activities or through the use of cookies;

• (e) describe the training related to the protection of personal information that is offered to the party’s employees and volunteers who may have access to the personal information that is under its control;

• (f) require the party to protect the personal information that is under its control through physical, organizational and technological security safeguards with a level of protection proportionate to the sensitivity of the personal information;

• (g) require the party to take appropriate steps in the case of the loss of, unauthorized access to or unauthorized disclosure of personal information that is under its control as a result of a breach of its security safeguards, including by, as soon as feasible, informing the individual whose personal information has been lost, accessed or disclosed if it is reasonable in the circumstances to believe the breach creates a real risk of significant harm to the individual;

• (h) require the party to ensure, by contract or otherwise, that any person or entity to which it transfers personal information provides a level of protection of the personal information equivalent to that which the party is required to provide under the policy;

• (i) require the privacy officer or their delegate to attend at least one meeting per calendar year relating to the protection of personal information held by the Chief Electoral Officer; and

• (j) prohibit the party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, from

  • (i) providing false or misleading information to individuals about the purposes for which the party collects personal information,

  • (ii) selling personal information under the party’s control, or

  • (iii) disclosing personal information under the party’s control to the public for the purpose of causing harm.

    End of inserted block

Real risk of significant harm — factors

(2) For the purposes of paragraph (1)‍(g), the factors that are relevant to determining whether a breach of security safeguards creates a real risk of significant harm to an individual include

• (a) the sensitivity of the personal information involved in the breach; and

• (b) the probability that the personal information has been, is being or will be misused.

  End of inserted block

Definition of significant harm

(3) For the purposes of this section, significant harm includes bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property.

Meetings relating to protecting personal information

444.‍5 The Chief Electoral Officer shall hold at least one meeting each calendar year relating to the protection of personal information by registered parties and eligible parties.

List of measures

(2.‍1) If section 372.‍2 applies to the registered association, the financial transactions return shall include a list of the measures that the financial agent of the registered association has taken in accordance with that section.

List of measures

(2.‍1) If section 372.‍2 applies to the nomination contestant, the nomination campaign return shall include a list of the measures that the financial agent of the nomination contestant has taken in accordance with that section.

List of measures

(2.‍1) If section 372.‍2 applies to the candidate, the electoral campaign return shall include a list of the measures that the official agent of the candidate has taken in accordance with that section.

Exception

(3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by the Director for the purpose of a prosecution for an offence under this Act Insertion start or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act Insertion end .

List of measures

(2.‍1) If section 372.‍2 applies to the leadership contestant, the leadership campaign return shall include a list of the measures that the financial agent of the leadership contestant has taken in accordance with that section.

Clarification

(3) Subsection (1) applies regardless of the medium of the representation or the manner or place in which the representation is made.

Misleading publications

481 (1) Every person or entity is guilty of an offence that distributes, transmits or publishes any material that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, Insertion start nomination contestant Insertion end , candidate, Insertion start potential candidate Insertion end , prospective candidate or Insertion start leadership contestant Insertion end , if

• (a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, Insertion start nomination contestant Insertion end , candidate, Insertion start potential candidate Insertion end , prospective candidate or Insertion start leadership contestant Insertion end to distribute, transmit or publish it; and

• (b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer or that returning officer, political party, Insertion start nomination contestant Insertion end , candidate, Insertion start potential candidate Insertion end , prospective candidate or Insertion start leadership contestant Insertion end .

Factors

(2) In determining whether a person or entity has committed an offence under subsection (1), the court may consider whether the material included the use of

• (a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, Insertion start nomination contestant Insertion end , candidate, Insertion start potential candidate Insertion end , prospective candidate or Insertion start leadership contestant Insertion end , as the case may be; or

• (b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the Insertion start nomination contestant Insertion end , candidate, Insertion start potential candidate Insertion end , prospective candidate or Insertion start leadership contestant Insertion end or of a public figure who is associated with the political party.

Clarification

(4) Subsection (1) applies regardless of the medium of the material or the manner or place in which the material is made, distributed, transmitted or published.

Unauthorized use of computer

482 (1) Every person or entity is guilty of an offence that, fraudulently and with the intention of affecting the results Insertion start or disrupting the conduct Insertion end of an election,

False statements

482.‍01 (1) Every person or entity is guilty of an offence that makes or publishes, with the intention of affecting the results or disrupting the conduct of an election, a statement that they know is false or misleading in respect of

• (a) who may vote in an election, including who is qualified as an elector or may register as an elector;

• (b) the process by which an individual may register to vote;

• (c) where, when or the manner in which an individual may vote in an election, including at an advance poll or by special ballot;

• (d) whom an individual may vote for at an election;

• (e) the process by which an individual becomes a candidate;

• (f) the process by which votes at an election are counted or the results are validated; or

• (g) the preliminary, validated or official results of an election.

  End of inserted block

Clarification

(2) Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published and regardless of the manner or medium in which the false statement is made or published.

• Start of inserted block

  (e) knowingly contravenes section 92.‍1 (conveying false or misleading information — nomination paper); or

• (f) knowingly contravenes section 92.‍2 (filing nomination paper — false or misleading information).

  End of inserted block

• Start of inserted block

  (c) knowingly contravenes section 92.‍1 (conveying false or misleading information — nomination paper).

  End of inserted block

• Start of inserted block

  (b) being an election officer, contravenes any of subsections 140.‍1(1), (2), (3) and (5) (failure to take required measures with respect to polling) 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

  End of inserted block

Offences under Division 0.‍2 of Part 17 (Prohibition on Accepting Certain Contributions)

Strict liability offences — summary conviction

495.‍22 (1) Every third party is guilty of an offence who contravenes

• (a) section 349.‍04 (accepting a contribution that is in the form of a cryptoasset, money order or payment product); or

• (b) section 349.‍05 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product).

  End of inserted block

Offences requiring intent — dual procedure

(2) Every third party who knowingly contravenes section 349.‍05 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product) is guilty of an offence.

• Start of inserted block

  (i) subsection 349.‍95(1) (limitations on expenses).

  End of inserted block

• Start of inserted block

  (f) subsection 358(1) (limitation on expenses).

  End of inserted block

• Start of inserted block

  (h.‍1) being a registered party, registered association, nomination contestant, candidate, or leadership contestant, contravenes section 372.‍1 (accepting a contribution that is in the form of a cryptoasset, money order or payment product);

• (h.‍2) 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 nomination contestant or leadership contestant, contravenes section 372.‍2 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product);

  End of inserted block

• Start of inserted block

  (m.‍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 nomination contestant or leadership contestant, knowingly contravenes section 372.‍2 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product);

  End of inserted block

Punishment — strict liability offences

500 (1) Every person who is guilty of an offence under any of subsections 484(1), 489(1), 491(1), 492(1), 495(1), 495.‍1(1), 495.‍2(1), 495.‍21(1), Insertion start 495.‍22(1) Insertion end , 495.‍3(1), 496(1), 496.‍1(1), 497(1), 497.‍1(1), 497.‍2(1), 497.‍3(1), 497.‍4(1), 497.‍5(1), 498(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.

Punishment — offences requiring intent (dual procedure)

(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), 480.‍1(1), 481(1) and 482(1), Insertion start sections 482.‍01 and Insertion end 482.‍1, subsections 484(3), 485(2), 486(3) and (4), 487(2), 488(2) and 489(3), section 490, subsection 491(3), section 491.‍2, subsection 492(2), section 494 Insertion start and Insertion end subsections 495(5), 495.‍1(2), 495.‍2(2), 495.‍21(2), Insertion start 495.‍22(2) Insertion end , 495.‍3(2), 496(2), 496.‍1(2), 497(2), 497.‍1(3), 497.‍2(3), 497.‍3(2), 497.‍4(2), 497.‍5(2), 498(2) and 499(2) is liable

Evidence

508 In a prosecution for an offence under this Act Insertion start or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act Insertion end , 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.

Violation

508.‍1 Every person or entity commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act Insertion start if the person or entity Insertion end

• Insertion start (a) Insertion end  contravenes section Insertion start 43.‍1, any of paragraphs 56(a) to (d), section 81, 81.‍1, 92.‍1 or 92.‍2, subsection 136(4), section 166 Insertion end , 281.‍3, 281.‍4, 281.‍5 or Insertion start 281.‍8 Insertion end or a provision of any of Parts 16, 17 and 18;

• Start of inserted block

  (b) attempts to commit, or conspires with any person or entity to commit, a contravention of a provision referred to in paragraph (a);

• (c) counsels any person or entity to commit such a contravention, in the case where the contravention is not committed;

• (d) is an accessory after the fact to the commission of such a contravention; or

  End of inserted block

• Insertion start (e) Insertion end  fails to comply with a requirement of the Chief Electoral Officer under any of Parts 16, 17 and 18, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner.

How act or omission may be proceeded with

508.‍3 If an act or omission may be proceeded with as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Maximum amount of penalty

508.‍5 (1) Subject to Insertion start subsections Insertion end (2) Insertion start and (3) Insertion end , the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity.

Maximum — sections 349.‍04, 349.‍05, 363, 367, 372.‍1 and 372.‍2

(2) The maximum administrative monetary penalty for a violation arising from the contravention of section Insertion start 349.‍04, 349.‍05 Insertion end , 363, 367, Insertion start 372.‍1 or 372.‍2 Insertion end is an amount equal to twice the amount that was contributed — Insertion start accepted or not returned, not destroyed, or not converted and paid, as the case may be Insertion end — in contravention of that section, plus

• (a) $1,500, in the case of an individual; and

• (b) $5,000, in the case of a corporation or entity.

Maximum — subsections 349.‍95(1) and 358(1)

(3) The maximum administrative monetary penalty for a violation arising from the contravention of subsection 349.‍95(1) or 358(1) is an amount equal to twice the amount of the contribution that was used in contravention of that subsection, plus $5,000.

Clarification

(2) For greater certainty, the Commissioner may, in the exercise or performance of the Commissioner’s powers, duties and functions under this Part, enter into memoranda of understanding or other arrangements with a department or body that is listed in a schedule to the Financial Administration Act and has technical or specialized knowledge on matters of national security or any other matters related to those powers, duties and functions.

Order requiring testimony or written return

510.‍01 (1) If, on application of the Commissioner or Insertion start the Commissioner’s Insertion end authorized representative, a judge is satisfied by information on oath that there are reasonable grounds to believe that this Act has been contravened or is about to be contravened — Insertion start or that a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, such a contravention has been committed or is about to be committed Insertion end — and that an individual has or is likely to have information that will provide evidence of the contravention, the judge may order the individual to

• Start of inserted block

  (a.‍1) produce to the Commissioner or the authorized representative, within a time and at a place specified in the order, a record — or a copy of a record certified by affidavit to be a true copy — or any other thing specified in the order; or

  End of inserted block

Restriction

(3) No order may be made under subsection (1) against an individual who is alleged to have committed, or who is about to commit, the contravention — Insertion start or the conspiracy, attempt, being an accessory after the fact or counselling Insertion end — to which the application relates.

• (d) information that is required to be disclosed in the course of a prosecution for an offence under this Act Insertion start or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act Insertion end ;

Commissioner may institute a prosecution

511 (1) If the Commissioner believes on reasonable grounds that an offence under this Act — Insertion start or that a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act Insertion end — has been committed, the Commissioner may institute a prosecution or cause one to be instituted.

Information

(2)  Insertion start The Insertion end prosecution is instituted by the laying of an information in writing and under oath before a justice, as defined in section 2 of the Criminal Code.

Director’s consent required

512 (1) No prosecution for an offence under this Act — Insertion start or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act Insertion end — may be instituted by a person, other than the Commissioner or a person acting under Insertion start the Commissioner’s Insertion end direction, without the prior written consent of the Director of Public Prosecutions provided after consultation with the Commissioner.

Limitation period

514 (1) Proceedings in respect of an offence under a provision set out in subsection 500(1) — Insertion start or in respect of a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, such an offence Insertion end — may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose.

No limitation period

(3) Proceedings in respect of an offence under a provision set out in any of subsections 500(2) to (5) — Insertion start or in respect of a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, such an offence Insertion end — may be commenced at any time.

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 — Insertion start or an act or omission that constitutes a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, a contravention of this Act Insertion end — 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 — Insertion start or an act or omission that constitutes a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, a contravention of this Act Insertion end — 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:

Power to enter into compliance agreement

517 (1) Subject to subsection (7), the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with a person or entity (in this section and sections 518 to 521 called the “contracting party”) if the Commissioner believes on reasonable grounds that the person or entity has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act — Insertion start or that could constitute a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act Insertion end .

Admission of responsibility

(4) A compliance agreement may include a statement by the contracting party in which it admits responsibility for the act or omission Insertion start in question Insertion end .

• (b) identifies the provision of this Act, the requirement or the provision of the compliance agreement or undertaking Insertion start to which the violation relates Insertion end ;

• (a) identifies the provision of this Act, the requirement of the Chief Electoral Officer or the provision of a compliance agreement or undertaking Insertion start to which the violation relates Insertion end ;

• (b) identifies the act or omission to which the Insertion start violation Insertion end relates; and

Common law principles

521.‍24 Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for any offence applies in respect of a violation to the extent that it is not inconsistent with this Act.

Parties to violation

521.‍27 (1) A person or entity is a party to a violation committed by another person or entity and is liable for the violation if it

• (a) does or omits to do anything for the purpose of aiding that other person or entity to commit the violation;

• (b) abets that other person or entity in committing the violation; or

• (c) counsels that other person or entity to commit the violation.

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Violation by officers, etc.

Insertion start (2) Insertion end  If an entity commits a violation, any of the entity’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation.

Application

Insertion start (3) Insertion end Insertion start   Insertion end Insertion start Subsections (1) and (2) apply Insertion end whether or not the Insertion start person or Insertion end entity that actually committed the violation is proceeded against under this Act.

Long-term care institutions

(5) A returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of Insertion start one Insertion end or more institutions, Insertion start or part of an institution Insertion end , where seniors or persons with a disability reside.

Exception

(4.‍1) The Chief Electoral Officer may also disclose any of the documents referred to in subsection (3) to the Commissioner for the purposes of the exercise or performance of the Commissioner’s powers, duties and functions under this Act and the Commissioner may, in turn, disclose any of those documents to the Director of Public Prosecutions, who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act Insertion start or for a conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, an offence under this Act Insertion end .

Solemn declaration — voting

549.‍1 (1) For the purposes of subsections 143(3) and (3.‍2), sections 144 and 147 and paragraphs 161(1)‍(b), 169(2)‍(b) and Insertion start 235(c) Insertion end , the solemn declaration by which an elector proves his or her identity and residence, proves his or her residence only, proves that he or she is qualified as an elector or proves that he or she has not previously voted at the election shall be in the prescribed form, which shall include the statements that

• (d) the elector has not previously voted in the election and Insertion start will not vote more than once in the election, including by using a special ballot Insertion end .