Bill C-2

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	PART 19
	ENFORCEMENT
	Peace and Good Order at Elections
Duty to maintain order	479. (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.
Duty of other election officers	(2) Every deputy returning officer, central poll supervisor and person appointed under paragraph 124(1)(b) is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.
Order to leave, arrest without warrant	(3) In performing his or her duty under subsection (1) or (2), an election officer may, if a person is committing, in the returning officer's office or other place where the vote is taking place, an offence referred to in paragraph 5(a), section 7 or paragraph 167(1)(a) or an offence under this Act or any other Act of Parliament that threatens the maintenance of order, or if the officer believes on reasonable grounds that a person has committed such an offence in such a place, order the person to leave the office or place or arrest the person without warrant.
Order must be obeyed	(4) Every person in respect of whom an order is made to leave an office or place must obey it without delay.
Power to eject	(5) If an order to leave an office or place is not obeyed without delay, the person who made it may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the office or place.
After arrest	(6) The officer, supervisor or appointed person who arrests a person under subsection (3) shall without delay
	(a) advise the person of the right to be represented by counsel and give the person an opportunity to obtain counsel; and
	(b) deliver the person to a peace officer to be dealt with in accordance with the Criminal Code.
Removal of materials	(7) Where a returning officer, deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b) believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer, supervisor or appointed person may cause to be removed from, in the case of a returning officer, his or her office or, in the case of a deputy returning officer, central poll supervisor or appointed person, the polling station, any material that they believe on reasonable grounds was used in contravention of that paragraph.
Peace officer protection	(8) Every election officer has, while performing their duties under this section, all the protection that a peace officer has by law.
	Offences
	General Provisions
Obstruction, etc., of electoral process	480. (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 481 or 482 or contravening a provision referred to in any of sections 483 to 499.
Public meetings	(2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.
Offering bribe	481. (1) Every person is guilty of an offence who, during an election period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate.
Accepting bribe	(2) Every elector is guilty of an offence who, during an election period, accepts or agrees to accept a bribe that is offered in the circumstances described in subsection (1).
Intimidation, etc.	482. Every person is guilty of an offence who
	(a) by intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election; or
	(b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election.
	Offences under Part 1 (Electoral Rights)
Offences requiring intent - dual procedure	483. Every person is guilty of an offence who contravenes
	(a) paragraph 5(a) (voting when not qualified or entitled) or 5(b) (inducing a person not qualified or entitled to vote, to vote); or
	(b) section 7 (voting more than once).
	Offences under Part 3 (Election Officers)
Strict liability offences - summary conviction	484. (1) Every former election officer who contravenes paragraph 43(c) (failure to return election documents and election materials) is guilty of an offence.
Offences requiring intent - summary conviction	(2) Every person is guilty of an offence who, being a returning officer, wilfully contravenes subsection 24(3) (failure to take necessary election proceedings).
Offences requiring intent - dual procedure	(3) Every person is guilty of an offence who
	(a) contravenes subsection 22(6) (acting as election officer knowing requirements not met);
	(b) knowingly contravenes subsection 23(2) (communication of information for unauthorized purpose);
	(c) being a returning officer, contravenes subsection 24(6) (engaging in politically partisan conduct);
	(d) being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity);
	(e) contravenes paragraph 43(a) (obstruction of election officer) or wilfully contravenes paragraph 43(b) (impersonation of revising agent); or
	(f) being a former election officer, wilfully contravenes paragraph 43(c) (failure to return election documents and election materials).
	Offences under Part 4 (Register of Electors)
Offences requiring intent - summary conviction	485. (1) Every person who contravenes paragraph 56(e) (unauthorized use of personal information recorded in Register of Electors) is guilty of an offence.
Offences requiring intent - dual procedure	(2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors) is guilty of an offence.
	Offences under Part 6 (Candidates)
Strict liability offences - summary conviction	486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor) or section 87 (failure to appoint a replacement official agent or auditor) is guilty of an offence.
Offences requiring intent - summary conviction	(2) Every person who contravenes section 81 (refusal to give access to building) is guilty of an offence.
Offences requiring intent - dual procedure	(3) Every person is guilty of an offence who
	(a) contravenes section 89 (signing of nomination paper when ineligible);
	(b) wilfully contravenes subsection 90(1) (ineligible person acting as official agent) or 90(2) (ineligible person acting as auditor);
	(c) contravenes section 91 (making false statement re candidate); or
	(d) contravenes section 92 (publication of false statement of withdrawal of candidate).
	Offences under Part 7 (Revision of List of Electors)
Offences requiring intent - summary conviction	487. (1) Every person who contravenes paragraph 111(b) or (c) (applying improperly to be included on list of electors) or 111(f) (unauthorized use of personal information contained in list of electors) is guilty of an offence.
Offences requiring intent - dual procedure	(2) Every person who contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors) is guilty of an offence.
	Offences under Part 8 (Preparation for the Vote)
Offences requiring intent - summary conviction	488. (1) Every person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.
Offences requiring intent - dual procedure	(2) Every person is guilty of an offence who
	(a) being a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to return ballots or unused ballot paper); or
	(b) contravenes paragraph 126(a) (forgery of ballot), 126(c) (knowingly printing extra ballot papers), 126(d) (printing of ballot with intent to influence vote) or 126(e) (manufacture, etc., of ballot box with secret compartment).
	Offences under Part 9 (Voting)
Strict liability offences - summary conviction	489. (1) Every person is guilty of an offence who contravenes
	(a) being an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees' wages for time given to vote);
	(b) section 165 (prohibited use of loudspeaker); or
	(c) paragraph 166(1)(b) (wearing of emblems, etc., in polling station).
Offences requiring intent - summary conviction	(2) Every person is guilty of an offence who
	(a) contravenes subsection 155(2) (assisting as a friend more than one elector);
	(a.1) contravenes subsection 161(6) (vouching for more than one elector);
	(b) being an elector, contravenes subsection 164(2) (failure to maintain secrecy); or
	(c) contravenes paragraph 166(1)(a) (display of campaign literature in polling place).
Offences requiring intent - dual procedure	(3) Every person is guilty of an offence who
	(a) being an employer, contravenes section 134 (preventing employee from using voting time);
	(b) being a friend or relative of an elector, wilfully contravenes subsection 155(4) (disclosing for whom elector voted);
	(c) being a candidate, an election officer or a representative of a candidate, contravenes subsection 164(1) (failure to maintain secrecy);
	(d) contravenes paragraph 166(1)(c) (influencing vote in polling station);
	(e) contravenes any of paragraphs 167(1)(a) to (d) (prohibited acts re ballots) or 167(2)(a) to (d) (prohibited acts re ballots or ballot box with intent to influence vote);
	(f) being a deputy returning officer, contravenes paragraph 167(3)(a) (initialling ballot with intent to influence vote); or
	(g) being a deputy returning officer, contravenes paragraph 167(3)(b) (placing identifying mark on ballot).
	Offences under Part 10 (Advance Polling)
Offences requiring intent - dual procedure	490. Every person is guilty of an offence who
	(a) being a deputy returning officer, wilfully contravenes subsection 174(1) (failure to permit person to vote);
	(b) being a poll clerk, wilfully contravenes subsection 174(2) (failure to record vote); or
	(c) being a deputy returning officer, contravenes section 175 (improper handling of ballot box and ballots at advance poll), being a returning officer, contravenes subsection 176(2) or (3) or, being a deputy returning officer, contravenes subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.
	Offences under Part 11 (Special Voting Rules)
Strict liability offences - summary conviction	491. (1) Every returning officer who contravenes section 275 (failure to take required measures re ballots and special ballots) is guilty of an offence.
Offences requiring intent - summary conviction	(2) Every person who contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules) is guilty of an offence.
Offences requiring intent - dual procedure	(3) Every person is guilty of an offence who
	(a) being a deputy returning officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1), section 257 and subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;
	(b) being a special ballot officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;
	(c) being a deputy returning officer or poll clerk, contravenes subsection 276(1), being a deputy returning officer, contravenes subsection 277(1), being a poll clerk, contravenes subsection 277(2), being a deputy returning officer, contravenes subsection 277(3), being a deputy returning officer or poll clerk, contravenes subsection 278(1) or (3) or, being a deputy returning officer, contravenes section 279, (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;
	(d) contravenes paragraph 281(g) or (h) (prohibited acts re special voting rules); or
	(e) contravenes paragraph 282(a) or (b) (intimidation or inducement re vote under special voting rules).
	Offences under Part 12 (Counting Votes)
Strict liability offences - summary conviction	492. (1) Every returning officer who contravenes section 292 (failure to safeguard ballot box) is guilty of an offence.
Offences requiring intent - dual procedure	(2) Every person is guilty of an offence who

Bill C-2

PART 19

ENFORCEMENT

Peace and Good Order at Elections

Offences