Bill C-2
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PART 19 |
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ENFORCEMENT |
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Peace and Good Order at Elections |
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Duty to
maintain
order
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479. (1) Every returning officer is
responsible for maintaining order in his or her
office during voting in accordance with
Division 4 of Part 11.
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Duty of other
election
officers
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(2) Every deputy returning officer, central
poll supervisor and person appointed under
paragraph 124(1)(b) is responsible for
maintaining order during voting hours at any
place where voting takes place in accordance
with Part 9 or 10.
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Order to
leave, arrest
without
warrant
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(3) In performing his or her duty under
subsection (1) or (2), an election officer may,
if a person is committing, in the returning
officer's office or other place where the vote
is taking place, an offence referred to in
paragraph 5(a), section 7 or paragraph
167(1)(a) or an offence under this Act or any
other Act of Parliament that threatens the
maintenance of order, or if the officer believes
on reasonable grounds that a person has
committed such an offence in such a place,
order the person to leave the office or place or
arrest the person without warrant.
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Order must be
obeyed
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(4) Every person in respect of whom an
order is made to leave an office or place must
obey it without delay.
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Power to eject
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(5) If an order to leave an office or place is
not obeyed without delay, the person who
made it may use such force as is reasonably
necessary to eject the person in respect of
whom the order was made from the office or
place.
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After arrest
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(6) The officer, supervisor or appointed
person who arrests a person under subsection
(3) shall without delay
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Removal of
materials
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(7) Where a returning officer, deputy
returning officer, central poll supervisor or
person appointed under paragraph 124(1)(b)
believes on reasonable grounds that a person
has contravened paragraph 166(1)(a) or (b),
the officer, supervisor or appointed person
may cause to be removed from, in the case of
a returning officer, his or her office or, in the
case of a deputy returning officer, central poll
supervisor or appointed person, the polling
station, any material that they believe on
reasonable grounds was used in contravention
of that paragraph.
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Peace officer
protection
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(8) Every election officer has, while
performing their duties under this section, all
the protection that a peace officer has by law.
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Offences |
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General Provisions
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Obstruction,
etc., of
electoral
process
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480. (1) Every person is guilty of an offence
who, with the intention of delaying or
obstructing the electoral process, contravenes
this Act, otherwise than by committing an
offence under subsection (2) or section 481 or
482 or contravening a provision referred to in
any of sections 483 to 499.
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Public
meetings
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(2) Every person is guilty of an offence who,
at any time between the issue of a writ and the
day after polling day at the election, acts,
incites others to act or conspires to act in a
disorderly manner with the intention of
preventing the transaction of the business of a
public meeting called for the purposes of the
election.
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Offering bribe
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481. (1) Every person is guilty of an offence
who, during an election period, directly or
indirectly offers a bribe to influence an elector
to vote or refrain from voting or to vote or
refrain from voting for a particular candidate.
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Accepting
bribe
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(2) Every elector is guilty of an offence
who, during an election period, accepts or
agrees to accept a bribe that is offered in the
circumstances described in subsection (1).
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Intimidation,
etc.
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482. Every person is guilty of an offence
who
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Offences under Part 1 (Electoral Rights)
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Offences
requiring
intent - dual
procedure
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483. Every person is guilty of an offence
who contravenes
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Offences under Part 3 (Election Officers)
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Strict liability
offences -
summary
conviction
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484. (1) Every former election officer who
contravenes paragraph 43(c) (failure to return
election documents and election materials) is
guilty of an offence.
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Offences
requiring
intent -
summary
conviction
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(2) Every person is guilty of an offence who,
being a returning officer, wilfully contravenes
subsection 24(3) (failure to take necessary
election proceedings).
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Offences
requiring
intent - dual
procedure
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(3) Every person is guilty of an offence who
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Offences under Part 4 (Register of Electors)
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Offences
requiring
intent -
summary
conviction
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485. (1) Every person who contravenes
paragraph 56(e) (unauthorized use of personal
information recorded in Register of Electors)
is guilty of an offence.
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Offences
requiring
intent - dual
procedure
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(2) Every person who contravenes any of
paragraphs 56(a) to (d) (forbidden acts re
Register of Electors) is guilty of an offence.
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Offences under Part 6 (Candidates)
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Strict liability
offences -
summary
conviction
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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.
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Offences
requiring
intent -
summary
conviction
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(2) Every person who contravenes section
81 (refusal to give access to building) is guilty
of an offence.
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Offences
requiring
intent - dual
procedure
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(3) Every person is guilty of an offence who
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Offences under Part 7 (Revision of List of
Electors)
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Offences
requiring
intent -
summary
conviction
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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.
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Offences
requiring
intent - dual
procedure
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(2) Every person who contravenes
paragraph 111(a), (d) or (e) (forbidden acts re
list of electors) is guilty of an offence.
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Offences under Part 8 (Preparation for the
Vote)
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Offences
requiring
intent -
summary
conviction
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488. (1) Every person who contravenes
paragraph 126(b) (unauthorized printing of
ballots) is guilty of an offence.
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Offences
requiring
intent - dual
procedure
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(2) Every person is guilty of an offence who
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Offences under Part 9 (Voting)
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Strict liability
offences -
summary
conviction
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489. (1) Every person is guilty of an offence
who contravenes
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Offences
requiring
intent -
summary
conviction
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(2) Every person is guilty of an offence who
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Offences
requiring
intent - dual
procedure
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(3) Every person is guilty of an offence who
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Offences under Part 10 (Advance Polling)
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Offences
requiring
intent - dual
procedure
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490. Every person is guilty of an offence
who
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Offences under Part 11 (Special Voting
Rules)
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Strict liability
offences -
summary
conviction
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491. (1) Every returning officer who
contravenes section 275 (failure to take
required measures re ballots and special
ballots) is guilty of an offence.
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Offences
requiring
intent -
summary
conviction
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(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.
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Offences
requiring
intent - dual
procedure
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(3) Every person is guilty of an offence who
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Offences under Part 12 (Counting Votes)
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Strict liability
offences -
summary
conviction
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492. (1) Every returning officer who
contravenes section 292 (failure to safeguard
ballot box) is guilty of an offence.
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Offences
requiring
intent - dual
procedure
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(2) Every person is guilty of an offence who
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