Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
Marginal note:2014, c. 12, s. 99
343 (1) Paragraphs 497.4(1)(e) and (f) of the Act are replaced by the following:
(e) being a candidate, an official agent or a person authorized under paragraph 477.55(c), contravenes subsection 477.52(1) (exceeding election expenses limit) or, being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);
(f) being a candidate or an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
(2) Subsection 497.4(1) of the Act is amended by adding the following after paragraph (m):
(m.1) being a candidate, contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);
Marginal note:2014, c. 12, s. 99
(3) Paragraphs 497.4(2)(d) to (f) of the Act are replaced by the following:
(d) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(4) (paying electoral campaign expenses);
(d.1) being a person or entity other than a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(5) (incurring electoral campaign expenses);
(d.2) being a candidate, knowingly contravenes subsection 477.47(5.1) (failure to obtain written authorization to incur election expense or incurring it contrary to authorization);
(e) being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying certain expenses);
(4) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (h):
(h.1) being a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.551 (entering into contract in relation to electoral campaign without authorization);
(5) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (o):
(o.1) being a candidate, knowingly contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);
(6) Subsection 497.4(2) of the Act is amended by adding the following after paragraph (q):
(q.1) being a candidate, contravenes section 477.711 (sending false or misleading declaration);
344 (1) Subsection 497.5(1) of the Act is amended by adding the following after paragraph (p):
(p.1) being a leadership contestant, contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);
Marginal note:2014, c. 12, s. 99
(2) Paragraph 497.5(1)(s) of the Act is replaced by the following:
(s) being the financial agent of a leadership contestant, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); or
Marginal note:2014, c. 12, s. 99
(3) Paragraph 497.5(2)(j) of the Act is replaced by the following:
(j) being a person or entity, knowingly contravenes subsection 478.73(6) (paying certain expenses of leadership contestant while ineligible);
(4) Subsection 497.5(2) of the Act is amended by adding the following after paragraph (r):
(r.1) being a leadership contestant, knowingly contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);
Marginal note:2014, c. 12, s. 99
(5) Paragraph 497.5(2)(u) of the Act is replaced by the following:
(t.1) being a leadership contestant, contravenes section 478.921 (sending false or misleading declaration);
(u) being the financial agent of a leadership contestant, contravenes paragraph 478.93(a) or knowingly contravenes paragraph 478.93(b) (providing document that contains false or misleading information or that is substantially incomplete); or
344.1 Section 498 of the Act is replaced by the following:
Marginal note:Strict liability offence — summary conviction
498 (1) Every chief agent of a registered party is guilty of an offence who fails to comply with a requirement of the Commissioner under section 510.001.
Marginal note:Offence requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) knowingly contravenes subsection 479(4) (refusal to obey order to leave office or place); or
(b) being the chief agent of a registered party, knowingly fails to comply with a requirement of the Commissioner under section 510.001.
345 Paragraph 499(2)(a) of the Act is replaced by the following:
(a) knowingly contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or
Marginal note:2014, c. 12, s. 100(2)
346 (1) Subsections 500(1) and (2) of the Act are replaced by the following:
Marginal note:Punishment — strict liability offences
500 (1) Every person who is guilty of an offence under any of subsections 484(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.
Marginal note:Punishment — offences requiring intent (summary conviction)
(2) Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1) and 489(2), sections 491.1 and 493 and subsections 495(2) and (3), 497.1(2) and 497.2(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:2014, c. 12, s. 100(3)
(2) The portion of subsection 500(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Punishment — offences requiring intent (dual procedure)
(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), 480.1(1), 481(1) and 482(1), section 482.1, subsections 484(3), 485(2), 486(3) and (4), 487(2), 488(2) and 489(3), section 490, subsection 491(3), section 491.2, subsection 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liable
(3) Subsection 500(6) of the Act is replaced by the following:
Marginal note:Additional punishment — third parties
(5.1) Every third party that is guilty of an offence under paragraph 495.21(1)(a) or (b) or subsection 495.21(2) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount of the funds whose source was a foreign entity that were used, or the amount of the funds that were used to circumvent the prohibition on using funds whose source is a foreign entity.
Marginal note:Additional punishment — third parties
(5.2) Every third party that is guilty of an offence under paragraph 495.3(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 pre-election period expenses limit in question.
Marginal note: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 period expenses limit in question.
347 (1) Paragraph 502(1)(e) of the Act is replaced by the following:
(e) being a candidate, contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or
(2) Paragraph 502(2)(a) of the Act is repealed.
(3) Paragraph 502(2)(c) of the Act is replaced by the following:
(c) being a candidate or an official agent of a candidate, knowingly contravenes paragraph 43(b) (impersonation of election officer);
(4) Paragraph 502(2)(h) of the Act is replaced by the following:
(g.1) contravenes section 281.5 (only one vote);
(g.2) contravenes paragraph 281.7(1)(a) (request or apply for a ballot or special ballot under false name);
(h) being a candidate or an official agent of a candidate, commits an offence under subsection 282.7(1) (offering bribe);
Marginal note:2014, c. 12, s. 102(3)
(5) Paragraph 502(2)(h.1) of the Act is replaced by the following:
(h.1) being a candidate or an official agent of a candidate, commits an offence under subsection 480.1(1) (impersonation); or
(6) Subsection 502(2) of the Act is amended by striking out “or” at the end of paragraph (h.2) and by repealing paragraph (i).
Marginal note:2003, c. 19, s. 59(1) and (2); 2014, c. 12, s. 103
348 Section 503 of the Act is replaced by the following:
Marginal note:Deregistered parties
503 (1) A political party that is deregistered during a pre-election period does not commit an offence under paragraph 495.3(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in section 349.1.
Marginal note:Prior expenses applied against spending limit
(1.1) If subsection (1) applies, then partisan activity expenses, partisan advertising expenses and election survey expenses incurred before the deregistration shall be applied against any maximum amount set out in section 349.1 and, if the limit is exceeded, the political party shall not incur any additional partisan activity expenses, partisan advertising expenses or election survey expenses.
Marginal note:Deregistered parties
(1.2) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in section 350.
Marginal note:Eligible party
(2) An eligible party that does not become a registered party during the election period of a general election does not commit an offence under paragraph 496(1)(a) or (2)(a) if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in section 350.
Marginal note:Prior expenses applied against spending limit
(3) If subsection (1.2) or (2) applies, then partisan activity expenses, election advertising expenses and election survey expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against any maximum amount set out in section 350 and, if the maximum amount is exceeded, the party shall not incur any additional partisan activity expenses, election advertising expenses or election survey expenses.
Marginal note:2014, c. 12, s. 104
349 Section 505 of the Act is replaced by the following:
Marginal note:Prosecution of third parties — groups
505 (1) If a third party that is a group commits an offence under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, 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.
Marginal note:Prosecution of third parties — vicarious liability
(2) For the purpose of a prosecution brought against a third party under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the third party is deemed to be a person and any act or omission of the person who signed the application for registration in respect of the third party — or, in the absence of an application, the person who would have signed it — or the third party’s 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.
Marginal note:Prosecution of third parties — groups or corporations ($50,000)
(3) If a third party that is a group or corporation commits an offence under paragraph 495.3(1)(d) or 496(1)(c), the third party is liable on conviction to a fine of not more than $50,000 instead of the punishment set out in subsection 500(1).
Marginal note:Prosecution of third parties — groups or corporations ($100,000)
(4) If a third party that is a group or corporation commits an offence under paragraph 495.3(2)(e) or 496(2)(e), the third party is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5).
350 The Act is amended by adding the following after section 508:
Violations
Marginal note:Violation
508.1 Every person or entity that contravenes section 281.3, 281.4 or 281.5 or a provision of any of Parts 16, 17 and 18 – or that fails to comply with a requirement of the Chief Electoral Officer under any of those Parts, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner — commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act.
Marginal note:Continuing violation
508.2 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.
Marginal note:How act or omission may be proceeded with
508.3 If an act or omission may be proceeded with as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other.
Administrative Monetary Penalties
Marginal note:Purpose of penalty
508.4 The purpose of an administrative monetary penalty is to promote compliance with this Act, and not to punish.
Marginal note:Maximum amount of penalty
508.5 (1) Subject to subsection (2), the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity.
Marginal note:Maximum — sections 363 and 367
(2) The maximum administrative monetary penalty for a violation arising from the contravention of section 363 or 367 is an amount equal to twice the amount that was contributed in contravention of that section, plus
(a) $1,500, in the case of an individual who contravenes section 363 or 367; and
(b) $5,000, in the case of a corporation or an entity that contravenes section 363.
Marginal note:Criteria for penalty
508.6 (1) The amount of an administrative monetary penalty is to be determined taking into account
(a) the degree of intention or negligence on the part of the person or entity that committed the violation;
(b) the harm done by the violation;
(c) whether the person or entity derived any advantage from the violation;
(d) whether the person or entity made reasonable efforts to mitigate or reverse the violation’s effects;
(e) whether the person or entity has taken steps to avoid committing the violation in the future;
(f) whether the person or entity has provided all reasonable assistance to the Commissioner with respect to the violation, including reporting it and providing any relevant information;
(g) the person’s or entity’s history of compliance with the provisions of this Act;
(h) the person’s or entity’s ability to pay the penalty;
(i) any aggravating and mitigating circumstances; and
(j) any other factor that, in the opinion of the Commissioner, is relevant.
Marginal note:Notice
(2) The Commissioner may take into account a factor under paragraph (1)(j) only if a notice that sets out the factor has been published on his or her Internet site.
Marginal note:Consultations
(3) Before publishing the notice, the Commissioner shall consult with the Chief Electoral Officer and then
(a) consult with the Advisory Committee of Political Parties established by subsection 21.1(1); and
(b) publish on his or her Internet site, for the purpose of public consultation, a notice that sets out the proposed factor for at least 30 days.
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