Bill C-2
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Injunctions |
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Application
for injunction
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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).
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Injunction
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(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:
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Notice
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(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.
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Compliance Agreements |
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Compliance
agreements
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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'').
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Terms and
conditions
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(2) A compliance agreement may contain
any terms and conditions that the
Commissioner considers necessary to ensure
compliance with this Act.
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Obligations of
Commissioner
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(3) Before entering into a compliance
agreement, the Commissioner shall
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Admission of
responsibility
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(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.
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Inadmissible
in evidence
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(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.
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Effect of
compliance
agreement
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(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.
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Renegotia- tion
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(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.
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Copy to be
provided
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(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).
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If agreement
complied with
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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.
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Effect of
notice
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(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.
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If agreement
not complied
with
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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.
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Dismissal of
proceedings
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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.
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Publication
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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.
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PART 20 |
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CONTESTED ELECTIONS |
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Means of
contestation
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522. (1) The validity of the election of a
candidate may not be contested otherwise
than in accordance with this Part.
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No effect on
rights and
obligations
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(2) The making of an application to contest
an election does not affect any right or
obligation of a candidate in that election.
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Nul and void
election
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523. The election of a person is nul and void
if, under section 65, the person was not
eligible to be a candidate.
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Contestation
of election
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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
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Exception
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(2) An application may not be made on the
grounds for which a recount may be requested
under subsection 301(2).
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Competent
courts
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525. (1) The following courts are competent
courts for the purposes of this Part:
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Courts
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(2) For the purposes of paragraph (1)(a), the
courts are
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Rules of
procedure
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(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.
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Security,
service of
application
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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.
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Increase of
security
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(2) The court may, if it considers it just,
increase the amount of the security.
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Time limit
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527. An application based on a ground set
out in paragraph 524(1)(b) must be filed
within 30 days after the later of
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Withdrawal of
application
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528. An application may not be withdrawn
without leave of the court.
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Notice of
appearance
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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.
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Evidence
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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.
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Dismissal of
application
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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.
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Court's
decision
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(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.
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Duties of
court clerk
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(3) The clerk of the court shall
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Informing
House of
Commons
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(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.
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Appeal
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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.
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Procedure
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(2) The Supreme Court shall hear the appeal
without delay and in a summary manner.
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Copies of
decision
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(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.
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Informing
House of
Commons
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(4) The Speaker of the House of Commons
shall communicate the decision to the House
of Commons without delay.
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PART 21 |
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GENERAL |
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Reports of Chief Electoral Officer |
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Polling
division
reports
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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
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Report to
Speaker on
general
election
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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
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Report to
Speaker on
by-elections
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(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
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Report on
proposed
legislative
amendments
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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.
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Submission of
report to
House of
Commons
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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.
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Complaints
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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.
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Inclusion in a
report
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(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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