Canada Elections Act (S.C. 2000, c. 9)

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Marginal note:Position within Office of the Director of Public Prosecutions
  •  (1) The position of Commissioner of Canada Elections is within the Office of the Director of Public Prosecutions.

  • Marginal note:Deputy head — Financial Administration Act

    (2) For the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.

  • Marginal note:Deputy head — Public Service Employment Act

    (3) For the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.

  • 2014, c. 12, s. 108.
Marginal note:Duty

 The Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced.

  • 2014, c. 12, ss. 108, 157.

Staff

Marginal note:Employees
  •  (1) The employees necessary for the Commissioner to exercise or perform his or her powers, duties and functions under this Act are to be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Casual employees, etc.

    (2) Any additional employees that the Commissioner considers necessary for the exercise or performance of his or her powers, duties and functions under this Act may be appointed for a specified term or on a casual basis in accordance with the Public Service Employment Act.

  • 2014, c. 12, s. 108.
Marginal note:Technical assistance

 The Commissioner may engage on a temporary basis investigators or persons having technical or specialized knowledge to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this Act.

  • 2014, c. 12, s. 108.
Marginal note:Authorization to assist

 The Commissioner may authorize a person employed in the Office of the Director of Public Prosecutions to assist him or her in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.1(2) and (3) and in the exercise of his or her power under section 509.4, subject to the terms and conditions that the Commissioner sets.

  • 2014, c. 12, s. 108.

Payments out of Consolidated Revenue Fund

Marginal note:Amounts to be paid out of C.R.F.

 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Director of Public Prosecutions:

  • (a) the remuneration paid to the Commissioner or to a person employed under subsection 509.3(2) and any additional remuneration paid to employees referred to in subsection 509.3(1) for overtime work to enable the Commissioner to exercise or perform his or her powers, duties and functions under this Act; and

  • (b) any expenses incurred by, on behalf of or in relation to the Commissioner under any other provision of this Part.

  • 2014, c. 12, s. 108.

Investigations and Prosecutions

Marginal note:Investigation by Commissioner
  •  (1) The Commissioner, on his or her own initiative or in response to a complaint, may conduct an investigation.

  • Marginal note:Notice

    (2) As soon as feasible after beginning an investigation, the Commissioner shall give written notice of the investigation to the person whose conduct is being investigated. The notice is not to be given if, in the Commissioner’s opinion, to do so might compromise or hinder the investigation or any other investigation.

  • Marginal note:Independence

    (3) The Commissioner is to conduct the investigation independently of the Director of Public Prosecutions.

  • 2000, c. 9, s. 510;
  • 2014, c. 12, s. 108.
Marginal note:Confidentiality
  •  (1) Subject to subsection (2), neither the Commissioner nor any person acting under his or her direction shall disclose any information relating to an investigation that comes to their knowledge in the exercise of their powers or the performance of their duties and functions under this Act, including information that reveals or from which may be inferred the name of the complainant, if any, the person whose conduct is being investigated or any witness.

  • Marginal note:Disclosure authorized

    (2) The Commissioner may disclose or may authorize any person acting under his or her direction to disclose

    • (a) with the consent of the person in question, the name of any of the following: the complainant, if any, the person whose conduct is being investigated and any witness;

    • (b) information that, in the Commissioner’s opinion, is necessary to carry out an investigation;

    • (c) when a matter is referred to the Director of Public Prosecutions under subsection 511(1), information that the Director of Public Prosecutions requires;

    • (d) information that is required to be disclosed in the course of a prosecution for an offence under this Act;

    • (e) information that is required to be disclosed under any other Act of Parliament;

    • (f) information that, in the Commissioner’s opinion, is necessary in order to enter into or renegotiate a compliance agreement; and

    • (g) information whose disclosure is, in the Commissioner’s opinion, in the public interest.

  • Marginal note:Public interest

    (3) For the purposes of paragraph (2)(g), the Commissioner shall take into consideration the effects of disclosure on

    • (a) the privacy rights of any person who is the subject of the disclosure;

    • (b) the right of the person under investigation to be presumed innocent until proved guilty according to law; and

    • (c) public confidence in the fairness of the electoral process.

  • 2014, c. 12, s. 108.
Marginal note:Director of Public Prosecutions may prosecute
  •  (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may refer the matter to the Director of Public Prosecutions who shall decide whether to initiate a prosecution.

  • Marginal note:Information

    (2) If the Director decides to initiate a prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn declaration to be laid before a justice, as defined in section 2 of the Criminal Code.

  • Marginal note:Search and seizure

    (3) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.

  • 2000, c. 9, s. 511;
  • 2003, c. 19, s. 62;
  • 2006, c. 9, s. 130.
Marginal note:Director’s consent required
  •  (1) No prosecution for an offence under this Act may be instituted by a person other than the Director of Public Prosecutions without the Director’s prior written consent.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to an offence in relation to which an election officer has taken measures under subsection 479(3).

  • Marginal note:Proof of consent

    (3) Every document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty.

  • 2000, c. 9, s. 512;
  • 2006, c. 9, s. 131.
Marginal note:Commissioner may intervene

 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, injunction or compliance agreement under this Act.

  • 2000, c. 9, s. 513;
  • 2006, c. 9, s. 132.
 
Date modified: