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

Full Document:  

Act current to 2021-12-23 and last amended on 2021-06-29. Previous Versions

PART 19Enforcement (continued)

Proceedings in Respect of a Violation (continued)

Notice of Violation (continued)

Marginal note:Limitation period or prescription

  •  (1) No notice of violation may be issued after the expiry of five years after the day on which the Commissioner becomes aware of the act or omission to which the alleged violation relates nor, in any case, later than 10 years after the day on which the act or omission occurred.

  • Marginal note:Certification by Commissioner

    (2) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the act or omission that constitutes the alleged violation, is admissible in evidence without proof of the signature or official character of the individual appearing to have signed it and, in the absence of evidence to the contrary, is proof that the Commissioner became aware of the act or omission on that day.

Undertakings

Marginal note:Provision of undertaking

  •  (1) If a person or entity has committed a violation, they may provide the Commissioner with an undertaking in writing that is aimed at ensuring compliance with this Act.

  • Marginal note:When undertaking may be provided

    (2) If a notice of violation has been served on a person or entity, an undertaking in relation to an act or omission to which the notice relates may be provided at any time before the person or entity is deemed to have committed the violation to which the notice relates.

  • Marginal note:Contents

    (3) The Commissioner may accept the undertaking only if the undertaking

    • (a) identifies, as the case may be,

      • (i) the provision of this Act that was contravened,

      • (ii) the requirement of the Chief Electoral Officer that was not complied with, or

      • (iii) if the undertaking relates to the failure to comply with a provision of a compliance agreement or another undertaking, the provision of the compliance agreement or other undertaking that was not complied with;

    • (b) identifies the act or omission to which the contravention or the failure to comply relates; and

    • (c) contains the terms and conditions that the Commissioner considers appropriate, including a requirement that the person or entity pay an amount that is specified in the undertaking in the time and manner set out in the undertaking.

  • Marginal note:Obligation of Commissioner

    (4) Before accepting the person’s or entity’s undertaking, the Commissioner shall inform them of the Commissioner’s obligation to publish a notice under subsection 521.34(2).

Review

Marginal note:Request for review

 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

    • (i) $500 or less, in the case of a notice of violation that was issued to an individual, or

    • (ii) $1500 or less, in the case of a notice of violation that was issued to a corporation or an entity; or

  • (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

    • (i) more than $500, in the case of a notice of violation that was issued to an individual, or

    • (ii) more than $1500, in the case of a notice of violation that was issued to a corporation or an entity.

Marginal note:Decision

  •  (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:

    • (a) determine, on a balance of probabilities, whether the person or entity committed the violation;

    • (b) confirm or reduce the amount of the administrative monetary penalty; or

    • (c) determine that there should be no administrative monetary penalty in respect of the violation.

  • 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,

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

    • (b) the reduced amount of the administrative monetary penalty set out in the decision.

Consequences

Marginal note:Payment of penalty — notice of violation

  •  (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,

    • (a) they are deemed to have committed the violation in respect of which the amount is paid;

    • (b) the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; and

    • (c) the proceedings commenced in respect of the violation are ended.

  • 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),

    • (a) they are deemed to have committed the violation in respect of which the amount is paid;

    • (b) the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; and

    • (c) the proceedings commenced in respect of the violation are ended.

Marginal note:Undertaking accepted before service of notice of violation

  •  (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.

Marginal note:No action after notice of violation served

 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.

Marginal note:No action taken after undertaking not accepted

 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.

Marginal note:Failure to pay after review decision

 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.

Miscellaneous

Marginal note:Service — Chief Electoral Officer

  •  (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:

    • (a) a notice of violation;

    • (b) a copy of the Commissioner’s decision under section 521.15; and

    • (c) a notice informing a person or entity that their undertaking has not been accepted by the Commissioner.

  • 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.

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.

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.

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.

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.

 
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