Bill C-20

Punishment

107. (1) Every person or entity that is guilty of an offence under subsection 100(1), 101(1), 104(1), 105(1) or 106(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.

(2) Every person who is guilty of an offence under subsection 104(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.

(3) Every person who is guilty of an offence under subsection 100(3), 101(2) or 104(3) 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.

(4) Every person who is guilty of an offence under subsection 104(4) is liable on summary conviction to a fine of not more than $25,000.

(5) Every person who is guilty of an offence under section 97, 98 or 99 or subsection 100(2), 101(3), 104(5), 105(2) or 106(3) 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.

(6) Every third party that is guilty of an offence under paragraph 105(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 advertising expense limit in question.

108. 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.

109. A reference to a punishment in this Part does not include any punishment provided by section 501 or 502 of the Canada Elections Act.

Application of Certain Provisions

110. Sections 504, 505, 508 and 510 to 521 of the Canada Elections Act apply, with any adaptations that may be required, in respect of a consultation.

PART 10

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

111. The following provisions apply to a consultation that is ordered under subsection 12(1) or 13(1) before the coming into force of sections 51 to 58:

(a) an elector shall mark the ballot with a cross or other mark in the space opposite the name of the nominee or nominees of his or her choice, but so that the number of votes expressed does not exceed the number of places specified for the province under paragraph 12(2)(a) or 13(4)(a);

(b) all votes cast for a nominee on each ballot shall be counted, excluding any ballot on which the number of votes expressed exceeds the number of places specified for the province;

(c) the Chief Electoral Officer shall establish a list of nominees ranked by votes obtained and comprising the number of nominees necessary to fill the number of places specified for the province, and shall transmit the list to each of the nominees in the province without delay;

(d) the Chief Electoral Officer shall submit to the Prime Minister and publish in the Canada Gazette a report setting out

(i) the list of nominees established under paragraph (c),

(ii) the number of ballots cast by electors in the consultation,

(iii) the number of ballots excluded from counting under paragraph (b) and the number of ballots not taken into account under paragraph 49(1)(a) or (b), and

(iv) any other information that the Chief Electoral Officer considers relevant; and

(e) subsection 47(3), paragraph 49(1)(c) and subsections 49(2) and (3) do not apply.

112. Until all the provisions of this Act are in force, the Chief Electoral Officer shall prepare a report for the Speaker of the House of Commons every six months after the day on which this Act receives royal assent on the preparations for the operation of the provisions of this Act that are not yet in force, and the Speaker shall submit the report to the House.

Consequential Amendments

Canada Elections Act

113. Section 53 of the Canada Elections Act is replaced by the following:

53. If an elector so requests the Chief Electoral Officer in writing, information in the Register of Electors relating to that elector shall be used only for purposes of an election, senatorial consultation or federal referendum.

114. Subparagraph 56(e)(ii) of the Act is replaced by the following:

(ii) for the purposes of an election, senatorial consultation or federal referendum, or

115. Section 84 of the Act is amended by striking out the word “and” at the end of paragraph (d), by adding the word “and” at the end of paragraph (e) and by adding the following after paragraph (e):

116. Subsection 85(2) of the Act is amended by striking out the word “and” at the end of paragraph (h), by adding the word “and” at the end of paragraph (i) and by adding the following after paragraph (i):

117. Section 85.1 of the Act is replaced by the following:

85.1 Subject to sections 84 and 85, a person may be appointed as official agent or auditor for a candidate notwithstanding that the person is a member of a partnership that has been appointed as an auditor for

(a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made;

(c) a registered party.

118. Paragraph 111(f) of the Act is amended by striking out the word “or” at the end of subparagraph (i) and by replacing subparagraph (ii) with the following:

(ii) an election, senatorial consultation or federal referendum.

119. Subsection 353(7) of the Act is replaced by the following:

(7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, a registered party, a registered third party, an eligible party, a nominee within the meaning of the Senate Appointment Consultations Act or a registered third party under section 76 of that Act.

120. Subsection 354(2) of the Act is amended by striking out the word “and” at the end of paragraph (c), by adding the word “and” at the end of paragraph (d) and by adding the following after paragraph (d):

121. Subsection 355(3) of the Act is amended by striking out the word “and” at the end of paragraph (f), by adding the word “and” at the end of paragraph (g) and by adding the following after paragraph (g):

122. Subsection 405.2(4) of the Act is replaced by the following:

(4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any individ- ual will make a contribution, directly or indirectly, to

(a) a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant; or

123. Subsections 416(1) and (2) of the Act are replaced by the following:

416. (1) Subject to subsection 80(4) of the Senate Appointment Consultations Act, no person or entity, other than the chief agent of a registered party or one of its registered agents or a person authorized under subsection 411(1), shall pay the registered party’s expenses.

(2) Subject to subsection 80(4) of the Senate Appointment Consultations Act, no person or entity, other than the chief agent of a registered party or one of its registered agents, shall incur the registered party’s expenses.

Director of Public Prosecutions Act

124. Subsection 3(8) of the Director of Public Prosecutions Act is replaced by the following:

(8) The Director initiates and conducts prosecutions on behalf of the Crown with respect to offences under the Canada Elections Act and the Senate Appointment Consultations Act as well as appeals and other proceedings related to such a prosecution.

Income Tax Act

125. (1) The portion of subsection 127(3) of the Income Tax Act before paragraph (a) is replaced by the following:

(3) There may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year in respect of the total of all amounts each of which is a monetary contribution made under the Canada Elections Act or the Senate Appointment Consultations Act by the taxpayer in the year to a registered party, a provincial division of a registered party, a registered association or a candidate, as those terms are defined in the Canada Elections Act, or to a nominee as that term is defined in the Senate Appointment Consultations Act,

(2) The portion of subsection 127(3) of the Act after paragraph (c) is replaced by the following:

if payment of each monetary contribution that is included in that total is evidenced by filing with the Minister a receipt that contains prescribed information, signed by the agent authorized under one of those Acts to accept that monetary contribution.

126. Subsections 230.1(1) and (2) of the Act are replaced by the following:

230.1 (1) Every agent authorized under the Canada Elections Act or the Senate Appointment Consultations Act to accept monetary contributions shall keep records — sufficient to enable each monetary contribution within the meaning assigned by subsection 127(4.1) that they receive and the expenditures that they make to be verified, including a duplicate of the receipt referred to in subsection 127(3) for each of those monetary contributions — at

(a) in the case of an agent other than an official agent of a candidate under the Canada Elections Act, the address recorded in the registry of parties or of electoral district associations referred to in that Act; and

(b) in the case of an official agent of a person that is a candidate under the Canada Elections Act or a nominee under the Senate Appointment Consultations Act, the agent’s address set out in the nomination papers filed under that Act when the person was a prospective candidate or nominee, or any other address that the Minister designates.

(2) Each agent to whom subsection (1) applies shall file with the Minister an information return in prescribed form and containing prescribed information. The return is to be filed within the period for the filing of a financial transactions return or an electoral campaign return, as the case may be, under the Canada Elections Act or the Senate Appointment Consultations Act.

Coordinating Amendments

127. (1) In this section, “other Act” means An Act to amend the Canada Elections Act and the Public Service Employment Act, chapter 21 of the Statutes of Canada, 2007.

(2) On the first day on which paragraphs 162(i.1) and (i.2) of the Canada Elections Act, as enacted by section 28 of the other Act, and section 46 of this Act are all in force, section 46 of this Act is replaced by the following:

46. Parts 9 to 11 of the Canada Elections Act, other than section 131 and paragraphs 15(1)(b) and 162(i.1) and (i.2), apply in respect of voting in a consultation with any adaptations that may be required.

128. (1) Subsections (2) and (3) apply if Bill C-10, introduced in the 2nd session of the 39th Parliament and entitled the Income Tax Amendments Act, 2006 (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 123(5) of the other Act and subsection 125(1) of this Act are in force, the portion of subsection 127(3) of the Income Tax Act before paragraph (a) is replaced by the following:

(3) There may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year in respect of the total of all amounts, each of which is the eligible amount of a monetary contribution made under the Canada Elections Act or the Senate Appointment Consultations Act by the taxpayer in the year to a registered party, a provincial division of a registered party, a registered association or a candidate, as those terms are defined in the Canada Elections Act, or to a nominee as that term is defined in the Senate Appointment Consultations Act,

(3) If subsection 125(1) of this Act comes into force before, or on the same day as, subsection 123(5) of the other Act, then, on the day on which the other Act receives royal assent, the replacement of the portion of subsection 127(3) of the Income Tax Act before paragraph (a) by the operation of subsection (2) applies to monetary contributions made after December 20, 2002, except that, for monetary contributions made before 2004, the reference to “to a registered party, a provincial division of a registered party, a registered association or a candidate” in subsection 127(3) of the Income Tax Act, as amended by subsection (2), is to be read as a reference to “to a registered party or a candidate”.

Coming into Force

129. (1) This Act, except Part 2 and sections 51 to 58, 112, 127 and 128, comes into force six months after the day on which it receives royal assent.

(2) Part 2 comes into force on the earlier of

(a) the expiry of one year after the day on which this Act receives royal assent, and

(b) a day, not earlier than six months after the day on which this Act receives royal assent, on which the Chief Electoral Officer publishes a notice in the Canada Gazette to the effect that the necessary preparations have been made for the application of that Part.

(3) Sections 51 to 58 come into force on the earlier of

(a) the expiry of two years after the day on which this Act receives royal assent, and

(b) a day, not earlier than six months after the day on which this Act receives royal assent, on which the Chief Electoral Officer publishes a notice in the Canada Gazette to the effect that the necessary preparations have been made for the application of sections 51 to 58.