Bill C-2

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	(q) being an official agent, a candidate, a person authorized under paragraph 446(c) or a third party, contravenes subsection 443(2) (colluding to circumvent election expenses limit);
	(r) being an official agent, wilfully contravenes any of subsections 451(1) to (4) (failure to provide electoral campaign return or related documents);
	(s) being a candidate, wilfully contravenes subsection 451(5) (failure to send electoral campaign expense declaration);
	(t) being an official agent, wilfully contravenes section 452 (failure to pay value of excess contribution);
	(u) being an official agent, wilfully contravenes section 455 (failure to provide updated electoral campaign return or related documents);
	(v) being an official agent, contravenes paragraph 463(1)(a) or knowingly contravenes paragraph 463(1)(b) (providing electoral campaign return containing false or misleading statement or one that is incomplete);
	(w) being an official agent, wilfully contravenes subsection 472(2) or section 473 (failure to dispose of surplus electoral funds); or
	(x) being a registered agent or an electoral district association, knowingly contravenes section 476 (unauthorized or improper transfer of contributions).
When certain proceedings may be brought	(4) No proceedings may be commenced before the expiration of the period within which an application may be made under
	(a) section 434, in the case of an offence referred to in paragraph (1)(m) or (q) or (3)(i) or subparagraph (3)(m)(i); and
	(b) section 459, in the case of an offence referred to in paragraph (1)(u) or (3)(r).
	Offences under this Part (Enforcement)
Offence requiring intent - dual procedure	498. Every person who wilfully contravenes subsection 479(4) (refusal to obey order to leave polling place) is guilty of an offence.
	Offences under Part 21 (General)
Strict liability offence - summary conviction	499. (1) Every person who contravenes subsection 548(1) (removal of posted election documents) is guilty of an offence.
Offences requiring intent - dual procedure	(2) Every person is guilty of an offence who
	(a) knowingly contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or
	(b) being a candidate, knowingly contravenes section 550 (signing document that limits freedom of action in Parliament).
	Punishment
Punishment - strict liability offences	500. (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 496(1), 497(1) and 499(1) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.
Punishment - offences requiring intent (summary conviction)	(2) Every person who is guilty of an offence under any of subsections 485(1), 487(1), 488(1), 489(2) and 491(2), section 493 and subsection 495(2) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.
Punishment - offences requiring intent (summary conviction)	(3) Every person who is guilty of an offence under any of subsections 484(2), 486(2), 495(3) and 497(2) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.
Punishment - offences requiring intent (summary conviction - fine only)	(4) Every person who is guilty of an offence under subsection 495(4) is liable on summary conviction to a fine of not more than $25,000.
Punishment - offences requiring intent (dual procedure)	(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 481 to 483, subsections 484(3), 485(2), 486(3), 487(2), 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 496(2) and 497(3), section 498 and subsection 499(2) is liable
	(a) on summary conviction, to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both; or
	(b) on conviction on indictment, to a fine of not more than $5,000 or to imprisonment for a term of not more than five years, or to both.
Additional punishment - third parties	(6) Every third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the election advertising expense limit in question.
Additional penalties	501. When a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order direct the person to
	(a) perform community service, subject to any reasonable conditions that may be specified in the order;
	(b) compensate any other person who has suffered damages as a result of the commission of the offence;
	(c) perform any obligation the non-performance of which gave rise to the offence; or
	(d) take any other reasonable measure that the court considers appropriate to ensure compliance with this Act.
	Illegal Practices and Corrupt Practices
Illegal practice	502. (1) Every person is guilty of an offence that is an illegal practice who
	(a) being a candidate or an official agent of a candidate, contravenes section 92 (publication of false statement of withdrawal of candidate);
	(b) being a candidate or an official agent, contravenes subsection 330(2) (foreign broadcasting);
	(c) being an official agent, a candidate or a person authorized under paragraph 446(c), wilfully contravenes section 443 (exceeding election expenses limit);
	(d) being a candidate or an official agent of a candidate, commits an offence under subsection 480(1) (obstructing electoral process) or 480(2) (inciting, conspiring to act in disorderly manner);
	(e) being a candidate, contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or
	(f) being a candidate, contravenes section 550 (signing of document that limits freedom of action in Parliament).
Corrupt practice	(2) Every person is guilty of an offence that is a corrupt practice who
	(a) being a candidate or an official agent of a candidate, contravenes section 7 (voting more than once);
	(b) being a candidate or an official agent of a candidate, contravenes paragraph 43(a) (obstruction of election officer);
	(c) being a candidate or an official agent of a candidate, wilfully contravenes paragraph 43(b) (impersonation of revising agent);
	(d) being a candidate or an official agent of a candidate, contravenes paragraph 56(b) (making false statement to have person deleted from Register of Electors);
	(e) being a candidate or an official agent of a candidate, contravenes paragraph 56(c) or (d) (forbidden acts re Register of Electors);
	(f) contravenes section 89 (signing of nomination paper when ineligible);
	(g) contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);
	(h) contravenes paragraph 167(1)(a) (apply for a ballot under false name); or
	(i) being a candidate or an official agent of a candidate, commits an offence under subsection 481(1) (offering bribe).
Consequen- ces of illegal, corrupt practices	(3) Any person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled to
	(a) be elected to or sit in the House of Commons; or
	(b) hold any office in the nomination of the Crown or of the Governor in Council.
	Miscellaneous Provisions
Suspended parties	503. (1) A registered party that is suspended during the election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if the party, during the portion of the election period before the suspension, has spent more than the spending limit set out in section 350.
Eligible party	(2) An eligible party that, during the election period of a general election, does not become a registered party does not commit an offence referred to in paragraph 496(1)(a) or (2)(a) if its election advertising expenses, as of the day that it is informed under subsection 370(4) that it has not been registered, are more than the spending limit set out in section 350.
Prior expenses applied against spending limit	(3) If subsection (1) or (2) applies, election advertising expenses incurred before the suspension or before the day referred to in subsection (2), as the case may be, shall be applied against the spending limit set out in section 350 and, if the limit has been exceeded, the party shall not incur any additional election advertising expenses.
Judicial proceedings involving registered or suspended parties	504. In the case of judicial proceedings involving a registered party or a suspended party,
	(a) the party is deemed to be a person; and
	(b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the registered party or suspended party, as the case may be, within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the registered party or suspended party.
Prosecution of third parties - groups	505. (1) If a third party that is a group commits an offence under section 496, the person who is responsible for the group or its financial agent commits the offence if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the offence.
Prosecution of third parties - vicarious liability	(2) For the purpose of a prosecution brought against a third party under section 496, the third party is deemed to be a person and any act or omission of the person who signed an application made under subsection 353(2) in respect of the third party or, in the absence of an application, the person who would have signed it, or their financial agent, within the scope of that person's or financial agent's authority, is deemed to be an act or omission of the third party.
Prosecution of third party - group or corporation ($10,000)	(3) A third party that is a group or corporation and that commits an offence under paragraph 496(1)(c) is liable on conviction to a fine of not more than $10,000 instead of the punishment set out in subsection 500(1).
Prosecution of third party - group or corporation ($25,000)	(4) A third party that is a group or corporation and that commits an offence under paragraph 496(2)(b) is liable on conviction to a fine of not more than $25,000 instead of the punishment set out in subsection 500(5).
Suspended party	506. A suspended party whose chief agent commits an offence under any of paragraphs 497(1)(e), (f) and (g) and (3)(c), (d) and (e) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.
Registered party	507. A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o) and (q) and (3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.
Evidence	508. In a prosecution for an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.
	Commissioner of Canada Elections
Commissioner of Canada Elections	509. The Chief Electoral Officer shall appoint a Commissioner of Canada Elections, whose duty is to ensure that this Act is complied with and enforced.
Chief Electoral Officer to direct inquiry	510. If the Chief Electoral Officer believes on reasonable grounds that an election officer may have committed an offence against this Act or that any person may have committed an offence under any of paragraphs 486(3)(a) and (d), section 488, paragraph 489(3)(g), section 493 and subsection 499(1), the Chief Electoral Officer shall direct the Commissioner to make any inquiry that appears to be called for in the circumstances and the Commissioner shall proceed with the inquiry.
Commissioner may prosecute	511. If the Commissioner believes on reasonable grounds that an offence under this Act has been committed and is of the view that the public interest justifies it, the Commissioner may institute or cause to be instituted a prosecution for the offence
	(a) after an inquiry under section 510; or
	(b) where no inquiry has been held, on the Commissioner's own initiative, or after the receipt, within six months after its commission, of a written complaint alleging the commission of the offence.
Commission- er's consent required	512. (1) No prosecution for an offence under this Act may be instituted by a person other than the Commissioner without the Commissioner's prior written consent.
Exception	(2) Subsection (1) does not apply to an offence in relation to which an election officer has taken measures under subsection 479(3).
Proof of consent	(3) Every document purporting to be the Commissioner's consent under subsection (1) is deemed to be that consent unless it is called into question by the Commissioner or by someone acting for the Commissioner or for Her Majesty.
Commissioner may intervene	513. The Commissioner, where he or she considers it to be in the public interest, may take any measures, including incurring any expenses, in relation to an inquiry, prosecution, injunction or compliance agreement under this Act.
Limitation period	514. (1) A prosecution for an offence under this Act must be instituted within eighteen months after the day on which the offence was committed.
Exception	(2) Despite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender's return.
Allowance of costs	515. (1) Any court of criminal jurisdiction before which a private prosecution is instituted for an offence against this Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution.
Prior recognizance required	(2) A court shall not make an order under subsection (1) unless the prosecutor, before or on the laying of the information, enters into a recognizance with two sufficient sureties, in the amount of $500, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant's costs in case of acquittal.
Costs of defendant	(3) In case of an information by a private prosecutor for an offence against this Act, if judgment is given for the defendant, the defendant is entitled to recover from the prosecutor the costs incurred by the defendant by reason of the proceedings, which costs shall be taxed by the proper officer of the court in which the judgment is given.

Bill C-2

Punishment

Illegal Practices and Corrupt Practices

Miscellaneous Provisions

Commissioner of Canada Elections