Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-13. Previous Versions

PART 19Enforcement (continued)

Proceedings in Respect of a Violation (continued)

Miscellaneous (continued)

Marginal note:Request for review

  •  (1) A person or entity that is served with a notice of violation may make a request for a review referred to in the notice by delivering the request by hand or by sending it by registered mail, courier or electronic means to a person and place specified in the notice.

  • Marginal note:Day of request

    (2) If a person or entity makes the request, the day on which it is made is

    • (a) if it is delivered by hand, the day on which the request is delivered to the authorized recipient;

    • (b) if it is sent by registered mail or courier, the earlier of the day on which it is received by the authorized recipient and the day indicated in the receipt given to the sender by a post office or courier; and

    • (c) if it is sent by electronic means, the day on which it is sent.

  • 2018, c. 31, s. 365

Marginal note:Due diligence defence available

 The Chief Electoral Officer and the Commissioner are not to determine that a person or entity has committed a violation if the person or entity establishes that they exercised due diligence to prevent its commission.

  • 2018, c. 31, s. 365

Marginal note:Common law principles

 Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for any offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

  • 2018, c. 31, s. 365

Marginal note:Deregistered parties

  •  (1) A political party that is deregistered during a pre-election period does not commit a violation arising from the contravention of any of subsections 349.1(1) to (3) or 349.2 if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 349.1(1) to (3), as the case may be.

  • Marginal note:Deregistered parties

    (2) A political party that is deregistered during an election period does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 350(1) to (4), as the case may be.

  • Marginal note:Eligible party

    (3) An eligible party that does not become a registered party during the election period of a general election does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 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 any of subsections 350(1) to (4), as the case may be.

  • 2018, c. 31, s. 365

Marginal note:Evidence

 In any proceeding in respect of a violation, a notice of violation or a copy of the decision purporting to be served under this Part is admissible in evidence without proof of the signature or official character of the individual purporting to have signed it.

  • 2018, c. 31, s. 365

Marginal note:Violation by officers, etc.

 If an entity commits a violation, any of the entity’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the entity that actually committed the violation is proceeded against under this Act.

  • 2018, c. 31, s. 365

Marginal note:Third parties — groups

 If an entity that is a third party that is a group commits a violation, the person who is responsible for the group or its financial agent commits the violation if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the violation.

  • 2018, c. 31, s. 365

Marginal note:Employees or agents or mandataries

 A person or entity is liable for a violation that is committed by an employee or agent or mandatary of the person or entity acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

  • 2018, c. 31, s. 365

Marginal note:Personal capacity

 An administrative monetary penalty imposed on an individual under this Part is deemed to be imposed on them in their personal capacity regardless of the capacity in which they acted when they committed the violation.

  • 2018, c. 31, s. 365

Marginal note:Debts to Her Majesty

  •  (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

    • (a) if a person or entity has entered into a compliance agreement with the Commissioner under the terms of which the person or entity is to pay an amount to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the agreement to pay that amount;

    • (b) if a person or entity that is served with a notice of violation does not exercise any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the amount of the administrative monetary penalty set out in the notice of violation that remains unpaid after the expiry of the time set out in the notice to pay the amount;

    • (c) if a person or entity that is served with a notice of violation exercises any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the following amount that remains unpaid after the expiry of 30 days after the day on which they were served with the copy of the Chief Electoral Officer’s or the Commissioner’s decision:

      • (i) the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision, or

      • (ii) the reduced amount of the administrative monetary penalty that is set out in the decision; and

    • (d) if a person or entity has provided an undertaking that is accepted by the Commissioner in which an amount is to be paid to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the undertaking to pay that amount.

  • Marginal note:Limitation period or prescription

    (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.

  • Marginal note:Debt final

    (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with.

  • 2018, c. 31, s. 365

Marginal note:Certificate of default

  •  (1) Any debt referred to in subsection 521.31(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Commissioner.

  • Marginal note:Judgment

    (2) A certificate made under subsection (1) that is registered in Federal Court has the same force and effect as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate and all proceedings may be taken in respect of the certificate.

  • 2018, c. 31, s. 365

Marginal note:Remittance to Receiver General

 The amount of an administrative monetary penalty shall be paid to the Commissioner, who shall forward that amount to the Receiver General.

  • 2018, c. 31, s. 365

Marginal note:Publication — notice of violation

  •  (1) The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that is deemed to have committed a violation, identifies the act or omission or the failure to comply to which the violation relates and sets out the amount of the administrative monetary penalty.

  • Marginal note:Publication — accepted undertaking

    (2) The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that provided an undertaking accepted by the Commissioner, along with the text of the undertaking other than the signature of the individuals who signed it.

  • 2018, c. 31, s. 365
 
Date modified: