Canada Elections Act (S.C. 2000, c. 9)
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Act current to 2020-12-28 and last amended on 2019-06-13. Previous Versions
PART 19Enforcement (continued)
Proceedings in Respect of a Violation (continued)
Review
Marginal note:Request for review
521.14 Instead of paying the amount of the administrative monetary penalty set out in the notice of violation, the person or entity named in the notice of violation may, within 30 days after the day on which the notice of violation is served — or within 30 days after the day on which they are served with a notice informing them that their undertaking has not been accepted — and in the manner specified in the notice of violation
(a) request a review by the Commissioner with respect to the alleged violation or the penalty, or both, if the amount of the penalty is
(b) request a review by the Chief Electoral Officer with respect to the alleged violation or the penalty, or both, if the amount of the penalty is
- 2018, c. 31, s. 365
Marginal note:Decision
521.15 (1) If a review is requested under section 521.14, the Chief Electoral Officer or the Commissioner, as the case may be, shall do one or more of the following:
Marginal note:Written evidence and submissions
(2) The Chief Electoral Officer or the Commissioner, as the case may be, is to consider only written evidence and written submissions when making a decision under subsection (1).
Marginal note:Service of decision
(3) The Chief Electoral Officer or the Commissioner, as the case may be, shall cause a copy of any decision made under subsection (1) to be served on the person or entity that requested the review. The Chief Electoral Officer shall also cause a copy of any decision he or she makes under subsection (1) to be given to the Commissioner.
Marginal note:Violation not committed — effect
(4) If the Chief Electoral Officer or the Commissioner, as the case may be, determines under subsection (1) that the person or entity that requested the review did not commit the violation, the proceedings commenced in respect of it are ended.
Marginal note:Liability to pay
(5) The person or entity that requested the review is liable to pay, within 30 days after the day on which they were served with the copy of the decision and in the manner specified in the notice of violation,
- 2018, c. 31, s. 365
Consequences
Marginal note:Payment of penalty — notice of violation
521.16 (1) If, within 30 days after the day on which they were served with a notice of violation, the person or entity named in the notice pays, in the manner specified in the notice, the amount of the administrative monetary penalty set out in the notice,
Marginal note:Payment of penalty — review decision
(2) If, within 30 days after the day on which they were served with the copy of a decision under subsection 521.15(3), the person or entity pays, in the manner specified in the notice of violation to which the decision relates, the amount of the administrative monetary penalty for which they are liable under subsection 521.15(5),
- 2018, c. 31, s. 365
Marginal note:Undertaking accepted before service of notice of violation
521.17 (1) If the Commissioner accepts the person’s or entity’s undertaking without a notice of violation having been served on them in connection with an act or omission referred to in the undertaking, no notice of violation may be served on them in connection with an act or omission referred to in the undertaking.
Marginal note:Undertaking accepted after service of notice of violation
(2) If the Commissioner accepts the person or entity’s undertaking after a notice of violation has been served on them in connection with an act or omission referred to in the undertaking, the proceeding that was commenced by the notice of violation, including any review requested under section 521.14, is ended.
- 2018, c. 31, s. 365
Marginal note:No action after notice of violation served
521.18 If the person or entity named in the notice of violation fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:
(a) pay the administrative monetary penalty set out in the notice in the manner specified in the notice;
(b) exercise their right to request a review in the manner specified in the notice; or
(c) provide the Commissioner with an undertaking.
- 2018, c. 31, s. 365
Marginal note:No action taken after undertaking not accepted
521.19 If the person or entity named in the notice informing them that their undertaking has not been accepted fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:
(a) pay the administrative monetary penalty set out in the notice in the manner specified in the notice; or
(b) exercise their right to request a review in the manner specified in the notice.
- 2018, c. 31, s. 365
Marginal note:Failure to pay after review decision
521.2 If the person or entity does not pay the amount referred to in paragraph 521.15(5)(a) or (b) in the manner specified in the notice of violation to which the decision relates within 30 days after the day on which they are served with the copy of the decision under subsection 521.15(3), they are deemed to have committed the violation identified in the notice of violation.
- 2018, c. 31, s. 365
Miscellaneous
Marginal note:Service — Chief Electoral Officer
521.21 (1) Service of a copy of a decision of the Chief Electoral Officer must be made in the manner set out on the Chief Electoral Officer’s Internet site.
Marginal note:Service — Commissioner
(2) Service of the following documents must be made in the manner set out on the Commissioner’s Internet site:
Marginal note:Day of service
(3) The day of service of a document referred to in subsection (1) or (2) is
(a) if it is left with an individual, the day on which it is left with them;
(b) if it is sent by registered mail, the 10th day after the date indicated in the receipt issued by a post office;
(c) if it is sent by courier, the 10th day after the date indicated in the courier’s receipt issued to the sender; and
(d) if it is sent by electronic means, the day on which it is sent.
- 2018, c. 31, s. 365
- Date modified: