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

Full Document:  

Act current to 2022-06-20 and last amended on 2021-06-29. Previous Versions

PART 19Enforcement (continued)

Offences (continued)

Offences under Division 2 of Part 16.1 (Scripts and Recordings)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every person is guilty of an offence who, being a calling service provider, contravenes

    • (a) paragraph 348.16(a) (obligation to keep scripts);

    • (b) paragraph 348.16(b) (obligation to keep recordings); or

    • (c) paragraph 348.16(c) (obligation to keep list of telephone numbers called).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person who, being a calling service provider, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.

Marginal note:Strict liability offences — summary conviction

  •  (1) Every person is guilty of an offence who, being a person or group, contravenes

    • (a) paragraph 348.17(a) or 348.19(a) (obligation to keep scripts);

    • (b) paragraph 348.17(b) or 348.18(a) (obligation to keep recordings); or

    • (c) paragraph 348.17(c), 348.18(b) or 348.19(b) (obligation to keep list of telephone numbers called).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person who, being a person or group, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.

Offences under Part 17 (Third Party Advertising, Partisan Activities and Election Surveys)

Offences under Division 0.1 of Part 17 (Prohibition on Use of Foreign Funds by Third Parties)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every third party is guilty of an offence who contravenes

    • (a) section 349.02 (use of foreign contributions); or

    • (b) paragraph 349.03(a) (circumventing prohibition) or 349.03(b) (colluding to circumvent prohibition).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every third party who knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.

Offences under Division 1 of Part 17 (Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every person is guilty of an offence who, being a third party, contravenes

    • (a) any of subsections 349.1(1) to (3) (exceeding pre-election period expenses limits);

    • (b) section 349.4 (foreign third party incurring pre-election period expenses);

    • (c) section 349.5 (failure to identify self in advertising);

    • (d) subsection 349.6(1) (failure to register);

    • (e) section 349.7 (failure to appoint financial agent) or subsection 349.8(1) (failure to appoint auditor);

    • (f) subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return) or 349.91(10) (failure to provide documents evidencing expenses on request);

    • (g) paragraph 349.93(b) (filing interim third-party expenses return that is substantially incomplete); or

    • (h) section 349.94 (use of anonymous contributions).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) being a third party, knowingly contravenes any of subsections 349.1(1) to (3) or section 349.2 (exceeding or circumventing pre-election period expenses limits);

    • (b) being a third party or registered party, knowingly contravenes subsection 349.3(1) (colluding to influence third party);

    • (c) being a third party or potential candidate, knowingly contravenes subsection 349.3(2) (colluding to influence third party);

    • (d) being a third party or official agent of a potential candidate, knowingly contravenes subsection 349.3(3) (colluding to influence third party);

    • (e) being a third party, knowingly contravenes section 349.4 (foreign third party incurring pre-election period expenses);

    • (f) being a third party, knowingly contravenes subsection 349.6(1) (failure to register);

    • (g) knowingly contravenes subsection 349.7(2) or 349.8(3) (ineligible person acting as financial agent or auditor);

    • (h) being a third party, knowingly contravenes subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return); or

    • (i) being a third party, contravenes paragraph 349.93(a) or knowingly contravenes paragraph 349.93(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).

Offences under Division 2 of Part 17 (Partisan Activities, Election Advertising and Election Surveys During Election Period)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every person is guilty of an offence who, being a third party, contravenes

    • (a) any of subsections 350(1) to (4) (exceeding election period expenses limits);

    • (a.1) section 351.1 (foreign third party incurring election period expenses);

    • (b) section 352 (failure to identify self in advertising);

    • (c) subsection 353(1) (failure to register);

    • (d) section 354 (failure to appoint financial agent) or subsection 355(1) (failure to appoint auditor);

    • (d.1) subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return) or 357.01(10) (failure to provide documents evidencing expenses on request);

    • (d.2) paragraph 357.03(b) (filing interim third-party expenses return that is substantially incomplete); or

    • (e) section 357.1 (use of anonymous contributions).

    • (f) [Repealed, 2018, c. 31, s. 337]

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) being a third party, knowingly contravenes any of subsections 350(1) to (4) or section 351 (exceeding or circumventing election period expenses limits);

    • (b) being a third party or registered party, knowingly contravenes subsection 351.01(1) (colluding to influence third party);

    • (c) being a third party or candidate, knowingly contravenes subsection 351.01(2) (colluding to influence third party);

    • (d) being a third party or official agent of a candidate, knowingly contravenes subsection 351.01(3) (colluding to influence third party);

    • (e) being a third party, knowingly contravenes section 351.1 (foreign third party incurring election period expenses);

    • (f) being a third party, knowingly contravenes subsection 353(1) (failure to register);

    • (g) knowingly contravenes subsection 354(2) or 355(3) (ineligible person acting as financial agent or auditor); or

    • (h) being a third party, knowingly contravenes subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return); or

    • (i) being a third party, contravenes paragraph 357.03(a) or knowingly contravenes paragraph 357.03(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).

Offences under Division 3 of Part 17 (Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every person is guilty of an offence who, being a third party, contravenes

    • (a) section 358.1 (failure to satisfy bank account requirements);

    • (b) subsection 359(1) (failure to file third-party expenses return) or 359(9) (failure to provide documents evidencing expenses on request);

    • (c) paragraph 359.1(b) (filing third-party expenses return that is substantially incomplete);

    • (d) subsection 361(3) (failure to provide corrected or revised return within specified period); or

    • (e) subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who, being a third party,

    • (a) knowingly contravenes subsection 359(1) (failure to file third-party expenses return);

    • (b) contravenes paragraph 359.1(a) or knowingly contravenes paragraph 359.1(b) (filing third-party expenses return that contains false or misleading information or one that is incomplete);

    • (c) knowingly contravenes subsection 361(3) (failure to provide corrected or revised return within specified period); or

    • (d) knowingly contravenes subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).

Offences under Part 18 (Finance)

Offences under Division 1 of Part 18 (General Financial Provisions)

Marginal note:Strict liability offences — summary conviction

  •  (1) Every person is guilty of an offence who

    • (a) being a person or entity, contravenes subsection 363(1) (making contribution while ineligible);

    • (b) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes subsection 363(2) (failure to return or pay amount of ineligible contribution);

    • (b.1) being a person or entity, contravenes subsection 364(9) (paying convention fees while ineligible);

    • (c) being a registered party or an electoral district association of one, contravenes subsection 365(1) (making prohibited transfer);

    • (d) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, contravenes section 366 (failure to issue receipt);

    • (e) being a person or entity, contravenes subsection 368(1) (circumventing contribution limit);

    • (f) being a person or entity, contravenes subsection 368(2) (concealing source of contribution);

    • (g) being an individual, contravenes section 370 (making indirect contributions);

    • (h) being a person authorized under this Act to accept contributions, contravenes section 372 (failure to return or pay amount of contribution);

    • (i) being a person or entity, contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money);

    • (j) being an individual, contravenes section 374 (making indirect loans);

    • (k) contravenes subsection 380(1) or (2) (failure to document payment); or

    • (l) being a person authorized to pay petty expenses, contravenes subsection 381(3) (failure to provide documentation of petty expenses) or 381(4) (paying more than the maximum amount of petty expenses).

  • Marginal note:Offences requiring intent — dual procedure

    (2) Every person is guilty of an offence who

    • (a) being a person or entity, knowingly contravenes subsection 363(1) (making contribution while ineligible);

    • (b) being a registered party or an electoral district association of one, knowingly contravenes subsection 365(1) (making prohibited transfer);

    • (c) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, knowingly contravenes section 366 (failure to issue receipt);

    • (d) being an individual, knowingly contravenes subsection 367(1) or (6) (exceeding contribution limit);

    • (e) being a person or entity, knowingly contravenes subsection 368(1) (circumventing contribution limit);

    • (f) being a person or entity, knowingly contravenes subsection 368(2) (concealing source of contribution);

    • (g) being a person entitled to accept contributions under this Act, knowingly contravenes subsection 368(3) (accepting excessive contribution);

    • (h) being a person or entity, knowingly contravenes subsection 368(4) (entering prohibited agreement);

    • (i) being a person or entity, contravenes subsection 369(1) (soliciting or accepting contribution);

    • (j) being a person or entity, contravenes subsection 369(2) (collusion);

    • (k) being an individual, knowingly contravenes section 370 (making indirect contributions);

    • (l) being an individual, knowingly contravenes section 371 (exceeding cash contribution limit);

    • (m) being a person authorized under this Act to accept contributions, knowingly contravenes section 372 (failure to return or pay amount of contribution);

    • (n) being a person or entity, knowingly contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money); or

    • (o) being an individual, knowingly contravenes section 374 (making indirect loans).

  • 2000, c. 9, s. 497
  • 2003, c. 19, s. 58
  • 2004, c. 24, s. 21
  • 2006, c. 9, s. 57
  • 2007, c. 21, s. 39
  • 2014, c. 12, ss. 98, 99
  • 2018, c. 31, s. 339
Offences under Division 1.1 of Part 18 (Regulated Fundraising Events)

Marginal note:Strict liability offences — summary conviction

 Every person is guilty of an offence who

  • (a) being a registered party, contravenes subsection 384.2(1) or (4) (failure to publish information about regulated fundraising event);

  • (b) being a person or entity, contravenes subsection 384.2(3) (failure to provide information about regulated fundraising event);

  • (b.1) being a registered party, contravenes subsection 384.2(4.1) (failure to notify Chief Electoral Officer of regulated fundraising event);

  • (c) being a registered party, contravenes subsection 384.2(5) or (7) (failure to replace old information about regulated fundraising event on its Internet site);

  • (d) being a person or entity, contravenes subsection 384.2(6) (failure to provide new information about regulated fundraising event);

  • (e) being a chief agent, contravenes subsection 384.3(1), (6) or (6.1) (failure to provide report on regulated fundraising event);

  • (f) being a chief agent, contravenes subsection 384.3(3) (including prohibited name or address in report on regulated fundraising event);

  • (g) being a person or entity, contravenes subsection 384.3(4), (4.1), (9) or (9.1) (failure to provide information about regulated fundraising event);

  • (h) being a person or entity, contravenes subsection 384.3(5) or (10) (including prohibited name or address in information about regulated fundraising event);

  • (i) being a chief agent, contravenes subsection 384.3(8) or (8.1) (failure to provide report on all regulated fundraising events);

  • (j) being a chief agent, contravenes subsection 384.3(12) (including prohibited name or address in report on all regulated fundraising events);

  • (k) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes section 384.4 (failure to return or pay amount of contribution); or

  • (l) being a chief agent or the leader of a registered party, contravenes subsection 384.7(3) (failure to provide corrected or revised report within 30-day period or any extension of that period).

  • 2018, c. 20, s. 9
 
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