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

Illegal Practices and Corrupt Practices

Marginal note:Illegal practice

• 502 (1) Every person is guilty of an offence that is an illegal practice who

  • (a) being a candidate or an official agent of a candidate, contravenes section 92 (publication of false statement of withdrawal of candidate);

  • (b) being a candidate or an official agent, contravenes subsection 330(2) (foreign broadcasting);

  • (c) being an official agent, a candidate or a person authorized under paragraph 477.55(c), knowingly contravenes section 477.52 (exceeding election expenses limit);

  • (d) being a candidate or an official agent of a candidate, commits an offence under subsection 480(1) (obstructing electoral process) or 480(2) (inciting, conspiring to act in disorderly manner);

  • (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

  • (f) being a candidate, contravenes section 550 (signing of document that limits freedom of action in Parliament).

• Marginal note:Corrupt practice

  (2) Every person is guilty of an offence that is a corrupt practice who

  • (a) [Repealed, 2018, c. 31, s. 347]

  • (b) being a candidate or an official agent of a candidate, contravenes paragraph 43(a) (obstruction of election officer);

  • (c) being a candidate or an official agent of a candidate, knowingly contravenes paragraph 43(b) (impersonation of election officer);

  • (d) being a candidate or an official agent of a candidate, contravenes paragraph 56(b) (making false statement to have person deleted from Register of Electors);

  • (e) being a candidate or an official agent of a candidate, contravenes paragraph 56(c) or (d) (forbidden acts re Register of Electors);

  • (f) contravenes section 89 (signing of nomination paper when ineligible);

  • (f.1) [Repealed, 2014, c. 12, s. 102]

  • (g) contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);

  • (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);

  • (h.001) being a nomination contestant, a leadership contestant or the financial agent of a nomination contestant or leadership contestant, contravenes subsection 362.3(1) (offering bribe);

  • (h.01) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);

  • (h.1) being a candidate or an official agent of a candidate, commits an offence under subsection 480.1(1) (impersonation); or

  • (h.2) being a candidate or an official agent of a candidate, commits an offence under section 482.1 (obstruction).

  • (i) [Repealed, 2018, c. 31, s. 347]

• Marginal note:Consequences of illegal, corrupt practices

  (3) Any person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled to

  • (a) be elected to or sit in the House of Commons; or

  • (b) hold any office in the nomination of the Crown or of the Governor in Council.

Miscellaneous Provisions

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:Judicial proceedings and compliance agreements

504 In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association,

• (a) the party or association is deemed to be a person; and

• (b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be.

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).

Marginal note:Deeming — calling service providers

505.1 For the purpose of a prosecution brought under subsection 495.1(1) or (2) against a calling service provider that is a group or for the purpose of entering into a compliance agreement with the calling service provider,

• (a) the calling service provider is deemed to be a person; and

• (b) any act or thing done or omitted to be done by a member of the calling service provider within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the calling service provider.

Marginal note:Deeming — third parties that are groups

• 505.2 (1) For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party that is a group or for the purpose of entering into a compliance agreement with the third party, the third party is deemed to be a person.

• Marginal note:Official representatives

  (2) If a third party that is a group commits an offence under subsection 495.2(1) or (2), its official representative commits the offence if he or she authorized, consented to or participated in the act or omission that constitutes the offence.

Marginal note:Prosecution of third parties — vicarious liability

505.3 For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party, any act or omission of its official representative is deemed to be an act or omission of the third party.

Marginal note:Interpretation

505.4 For the purposes of sections 505.1 to 505.3, calling service provider, group, official representative and third party have the same meaning as in section 348.01.

Marginal note:Deregistered party — strict liability

• 506 (1) A deregistered political party whose chief agent commits an offence under paragraph 497.1(1)(e) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.

• Marginal note:Deregistered party — offence requiring intent

  (2) A deregistered political party whose chief agent commits an offence under paragraph 497.1(3)(g) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.

Marginal note:Registered party — strict liability

• 507 (1) A registered party whose chief agent commits an offence under any of paragraphs 497.1(1)(h), (i), (k), (l), (m) and (n) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.

• Marginal note:Registered party — offences requiring intent

  (2) A registered party whose chief agent commits an offence under any of paragraphs 497.1(3)(i), (k), (m), (o) and (p) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.

Marginal note:Evidence

508 In a prosecution for an offence under this Act or for a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.

Violations

Marginal note:Violation

508.1 Every person or entity commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act if the person or entity

• (a) contravenes section 43.1, any of paragraphs 56(a) to (d), subsection 66(4), section 81, 81.1, 92.1, 92.2 or 92.3, subsection 136(4) or 166(1), section 281.3, 281.4, 281.5 or 281.8 or a provision of any of Parts 16, 17 and 18;

• (b) conspires with any person or entity to contravene, or attempts to contravene, a provision referred to in paragraph (a);

• (c) counsels any person or entity to contravene a provision referred to in paragraph (a), in the case where the provision is not contravened;

• (d) is an accessory after the fact to the contravention of a provision referred to in paragraph (a); or

• (e) fails to comply with a requirement of the Chief Electoral Officer under any of Parts 16, 17 and 18, a provision of a compliance agreement, a provision of an undertaking that has been accepted by the Commissioner or a requirement of the Commissioner or the Commissioner’s authorized representative under section 510.002.

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, 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 subsections (2) to (6), the maximum administrative monetary penalty for a violation is $25,000, in the case of an individual, and $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — sections 349.012, 349.013, 349.02 and 349.03

  (2) The maximum administrative monetary penalty for a violation arising from the contravention of section 349.012, 349.013, 349.02 or 349.03 is an amount equal to twice the amount of the funds, or twice the commercial value of the property or services, involved in the contravention of that section, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — sections 349.04, 349.05, 363, 367, 372.1 and 372.2

  (3) The maximum administrative monetary penalty for a violation arising from the contravention of section 349.04, 349.05, 363, 367, 372.1 or 372.2 is an amount equal to twice the amount that was contributed — accepted or not returned, not destroyed, or not converted and paid, as the case may be — in contravention of that section, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — subsections 349.4(1) and 351.1(1)

  (4) The maximum administrative monetary penalty for a violation arising from the contravention of subsection 349.4(1) or 351.1(1) is an amount equal to twice the amount of the expense incurred by the third party in contravention of that subsection, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — subsections 349.95(1) and 358(1)

  (5) The maximum administrative monetary penalty for a violation arising from the contravention of subsection 349.95(1) or 358(1) is an amount equal to twice the amount of the contribution that was used in contravention of that subsection, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — section 368

  (6) The maximum administrative monetary penalty for a violation arising from the contravention of any of subsections 368(1) to (4) is an amount equal to twice the amount at issue in the contravention of that subsection, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.