Canada Elections Act

Marginal note:Misleading publications

• 481 (1) Every person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate if

  • (a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; and

  • (b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate.

• Marginal note:Factors

  (2) In determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use of

  • (a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or

  • (b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party.

• Marginal note:Exception — parody or satire

  (3) A person or entity does not commit an offence under subsection (1) if they establish that the material was manifestly distributed, transmitted or published for the purpose of parody or satire.