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Bill C-2

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Injunctions

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, 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, 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:

    (a) refrain from committing any act that it appears to the court is contrary to this Act; and

    (b) do any act that it appears to the court is required by this Act.

Notice

(3) No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Compliance Agreements

Compliance agreements

517. (1) If the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to 521 called the ``contracting party'').

Terms and conditions

(2) A compliance agreement may contain any terms and conditions that the Commissioner considers necessary to ensure compliance with this Act.

Obligations of Commissioner

(3) Before entering into a compliance agreement, the Commissioner shall

    (a) advise the prospective contracting party of the right to be represented by counsel and give him or her an opportunity to obtain counsel; and

    (b) obtain the consent of the prospective contracting party to the publication of the agreement under section 521.

Admission of responsibility

(4) A compliance agreement may include a statement by the contracting party in which he or she admits responsibility for the act or omission that constitutes the offence.

Inadmissible in evidence

(5) The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.

Effect of compliance agreement

(6) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Commissioner may not institute such a prosecution.

Renegotia-
tion

(7) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the contracting party at any time before it is fully executed.

Copy to be provided

(8) The Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (7).

If agreement complied with

518. (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party.

Effect of notice

(2) Service of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the Commissioner from instituting such a prosecution.

If agreement not complied with

519. If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that the Commissioner may institute proceedings against him or her in respect of the original act or omission or, if such proceedings have been instituted and suspended by virtue of subsection 517(6), they may be resumed.

Dismissal of proceedings

520. The court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that he or she has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party's performance with respect to the agreement, is of the opinion that the proceedings would be unfair.

Publication

521. The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party's name, the act or omission in question and a summary of the compliance agreement.

PART 20

CONTESTED ELECTIONS

Means of contestation

522. (1) The validity of the election of a candidate may not be contested otherwise than in accordance with this Part.

No effect on rights and obligations

(2) The making of an application to contest an election does not affect any right or obligation of a candidate in that election.

Nul and void election

523. The election of a person is nul and void if, under section 65, the person was not eligible to be a candidate.

Contestation of election

524. (1) Any elector who was eligible to vote in an electoral district, and any candidate in an electoral district, may, by application to a competent court, contest the election in that electoral district on the grounds that

    (a) under section 65 the elected candidate was not eligible to be a candidate; or

    (b) there were irregularities, fraud or corrupt or illegal practices that affected the result of the election.

Exception

(2) An application may not be made on the grounds for which a recount may be requested under subsection 301(2).

Competent courts

525. (1) The following courts are competent courts for the purposes of this Part:

    (a) a court listed in subsection (2) that has jurisdiction in all or part of the electoral district in question; and

    (b) the Trial Division of the Federal Court.

Courts

(2) For the purposes of paragraph (1)(a), the courts are

    (a) in the Province of Ontario, the Superior Court of Justice;

    (b) in the Province of Quebec, the Superior Court;

    (c) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory and the Northwest Territories, the Supreme Court;

    (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench;

    (e) in the Provinces of Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court; and

    (f) in Nunavut, the Nunavut Court of Justice.

Rules of procedure

(3) An application shall be dealt with without delay and in a summary way. The court may, however, allow oral evidence to be given at the hearing of the application in specific circumstances.

Security, service of application

526. (1) An application must be accompanied by security for costs in the amount of $1,000, and must be served on the Attorney General of Canada, the Chief Electoral Officer, the returning officer of the electoral district in question and all the candidates in that electoral district.

Increase of security

(2) The court may, if it considers it just, increase the amount of the security.

Time limit

527. An application based on a ground set out in paragraph 524(1)(b) must be filed within 30 days after the later of

    (a) the day on which the result of the contested election is published in the Canada Gazette, and

    (b) the day on which the applicant first knew or should have known of the occurrence of the alleged irregularity, fraud, corrupt practice or illegal practice.

Withdrawal of application

528. An application may not be withdrawn without leave of the court.

Notice of appearance

529. Any person referred to in subsection 526(1) may, within 15 days after being served with the application, file with the court a notice of appearance if he or she wishes to take part in the proceedings.

Evidence

530. In a proceeding in relation to an application, 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.

Dismissal of application

531. (1) The court may at any time dismiss an application if it considers it to be vexatious, frivolous or not made in good faith.

Court's decision

(2) After hearing the application, the court may dismiss it if the grounds referred to in paragraph 524(1)(a) or (b), as the case may be, are not established and, where they are established, shall declare the election null and void or may annul the election, respectively.

Duties of court clerk

(3) The clerk of the court shall

    (a) send copies of the decision to the persons mentioned in subsection 526(1), to any intervenor and to the Speaker of the House of Commons; and

    (b) inform the Speaker of the House of Commons as to whether or not an appeal has been filed under subsection 532(1).

Informing House of Commons

(4) Except when an appeal is filed under subsection 532(1), the Speaker of the House of Commons shall communicate the decision to the House of Commons without delay.

Appeal

532. (1) An appeal from a decision made under subsection 531(2) lies to the Supreme Court of Canada on any question of law or fact, and must be filed within eight days after the decision was given.

Procedure

(2) The Supreme Court shall hear the appeal without delay and in a summary manner.

Copies of decision

(3) The registrar of the Supreme Court shall send copies of the decision to the persons mentioned in subsection 526(1), to any intervenor and to the Speaker of the House of Commons.

Informing House of Commons

(4) The Speaker of the House of Commons shall communicate the decision to the House of Commons without delay.

PART 21

GENERAL

Reports of Chief Electoral Officer

Polling division reports

533. The Chief Electoral Officer shall, in the case of a general election, without delay, and, in the case of a by-election, within 90 days after the return of the writ, publish, in the manner and form that he or she considers appropriate, a report that sets out

    (a) by polling division, the number of votes cast for each candidate, the number of rejected ballots and the number of names on the final list of electors; and

    (b) any other information that the Chief Electoral Officer considers relevant.

Report to Speaker on general election

534. (1) In the case of a general election, the Chief Electoral Officer shall, within 90 days after the date provided for in paragraph 57(2)(c), make a report to the Speaker of the House of Commons that sets out

    (a) any matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer's office since the last report and that he or she considers should be brought to the attention of the House of Commons; and

    (b) any measures that have been taken under subsection 17(1) or (3) or sections 509 to 513 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons.

Report to Speaker on by-elections

(2) If there are one or more by-elections in a year, the Chief Electoral Officer shall, within 90 days after the end of the year, make a report to the Speaker of the House of Commons that sets out

    (a) any matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer's office since the last report under this section and that he or she considers should be brought to the attention of the House of Commons; and

    (b) any measures that have been taken under subsection 17(1) or (3), subsection 178(2) or sections 509 to 513 in relation to each of the by-elections and that he or she considers should be brought to the attention of the House of Commons.

Report on proposed legislative amendments

535. The Chief Electoral Officer shall, as soon as possible after a general election, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of this Act.

Submission of report to House of Commons

536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534 or 535 to the House of Commons without delay.

Complaints

537. (1) Every candidate, official agent of a candidate or leader or chief agent of a registered party or eligible party may send to the Chief Electoral Officer a statement in writing that contains any complaint with respect to the conduct of the election or of an election officer or any suggestion as to changes or improvements in the law that the person wishes to make.

Inclusion in a report

(2) If the Chief Electoral Officer considers it appropriate, the Chief Electoral Officer may include in a report referred to in section 534 or 535 any document or a part or a summary of one that relates to a complaint or suggestion received under subsection (1).

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