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

Marginal note:Misleading publications

• 481 (1) Every person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate if

  • (a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; and

  • (b) the person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate.

• Marginal note:Factors

  (2) In determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use of

  • (a) a name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or

  • (b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party.

• Marginal note:Exception — parody or satire

  (3) A person or entity does not commit an offence under subsection (1) if they establish that the material was manifestly distributed, transmitted or published for the purpose of parody or satire.

Marginal note:Unauthorized use of computer

• 482 (1) Every person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election,

  • (a) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;

  • (b) uses or causes to be used, directly or indirectly, a computer system with intent to

    • (i) commit an offence under paragraph (a),

    • (ii) destroy or alter computer data,

    • (iii) render computer data meaningless, useless or ineffective,

    • (iv) obstruct, interrupt or interfere with the lawful use of computer data, or

    • (v) obstruct, interrupt or interfere with a person or entity in the lawful use of computer data or deny access to computer data to a person or entity that is entitled to access to it;

  • (c) uses, possesses or traffics in, or permits another person or entity to have access to, a computer password that would enable a person or entity to commit an offence under paragraph (a) or (b); or

  • (d) attempts to commit any offence referred to in paragraphs (a) to (c).

• Marginal note:Words and expressions

  (2) Words and expressions used in subsection (1) have the same meaning as in subsection 342.1(2) of the Criminal Code.

Marginal note:Obstruction, etc.

482.1 Every person is guilty of an offence who obstructs or hinders — or knowingly makes, either orally or in writing, a false or misleading statement to — the Commissioner of Canada Elections or any person acting under his or her direction while the Commissioner or the person acting under his or her direction is exercising or performing powers, duties or functions conferred or imposed on the Commissioner under this Act.

483 [Repealed, 2018, c. 31, s. 324]

Offences under Part 3 (Election Officers)

Marginal note:Strict liability offences — summary conviction

• 484 (1) Every former election officer who contravenes paragraph 43(c) (failure to return election documents and election materials) is guilty of an offence.

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person is guilty of an offence who

  • (a) being a returning officer, wilfully contravenes subsection 24(3) (failure to take promptly any necessary election proceedings);

  • (a.1) being an election officer, knowingly contravenes section 39 (failure to exercise or perform the powers or duties assigned by a returning officer in accordance with the Chief Electoral Officer’s instructions); or

  • (b) contravenes subsection 43.1(1) (refusal to give access to building or gated community).

• Marginal note:Offences requiring intent — dual procedure

  (3) Every person is guilty of an offence who

  • (a) contravenes subsection 22(6) (acting as election officer knowing requirements not met);

  • (b) knowingly contravenes subsection 23(2) (communication of information or use of personal information for unauthorized purpose);

  • (b.1) being a field liaison officer, contravenes subsection 23.2(8) (engaging in politically partisan conduct);

  • (c) being a returning officer, contravenes subsection 24(6) (engaging in politically partisan conduct);

  • (d) being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity);

  • (e) contravenes paragraph 43(a) (obstruction of election officer) or knowingly contravenes paragraph 43(b) (impersonation of election officer); or

  • (f) being a former election officer, wilfully contravenes paragraph 43(c) (failure to return election documents and election materials).

Offences under Part 4 (Register of Electors and Register of Future Electors)

Marginal note:Offences requiring intent — summary conviction

• 485 (1) Every person who contravenes paragraph 56(e) or (e.1) (unauthorized use of personal information recorded in Register of Electors or Register of Future Electors) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors or Register of Future Electors) is guilty of an offence.

Offences under Part 6 (Candidates)

• 486 (1) [Repealed, 2014, c. 12, s. 91]

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person who contravenes subsection 81(1) (refusal to give access to building or gated community) or subsection 81.1(1) (refusal to give access to place open to the public) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (3) Every person is guilty of an offence who

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

  • (b) [Repealed, 2014, c. 12, s. 91]

  • (c) knowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); or

  • (d) knowingly contravenes section 92 (publishing false statement of withdrawal of candidate).

  • (e) to (g) [Repealed, 2014, c. 12, s. 91]

• Marginal note:Offences requiring intent — dual procedure

  (4) Every entity is guilty of an offence that

  • (a) knowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); or

  • (b) knowingly contravenes section 92 (publishing false statement of candidate’s withdrawal).

Offences under Part 7 (Revision of List of Electors)

Marginal note:Offences requiring intent — summary conviction

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

  • (a) paragraph 111(b) or (c) (applying improperly to be included on list of electors); or

  • (b) paragraph 111(f) (unauthorized use of personal information contained in list of electors).

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person who contravenes paragraph 111(a), (d), (d.1) or (e) (forbidden acts re list of electors) is guilty of an offence.

Offences under Part 8 (Preparation for the Vote)

Marginal note:Offences requiring intent — summary conviction

• 488 (1) Every person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person is guilty of an offence who

  • (a) being a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to return ballots or unused ballot paper); or

  • (b) contravenes paragraph 126(a) (forgery of ballot), 126(c) (knowingly printing extra ballot papers), 126(d) (printing of ballot with intent to influence vote) or 126(e) (manufacture, etc., of ballot box with secret compartment).

Offences under Part 9 (Voting)

Marginal note:Strict liability offences — summary conviction

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

  • (a) being an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees’ wages for time given to vote);

  • (b) section 165 (prohibited use of loudspeaker); or

  • (c) paragraph 166(1)(b) (wearing of emblems, etc., in polling station).

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person is guilty of an offence who

  • (a) [Repealed, 2018, c. 31, s. 328]

  • (a.1) [Repealed, 2018, c. 31, s. 328]

  • (a.2) [Repealed, 2018, c. 31, s. 328]

  • (a.3) [Repealed, 2018, c. 31, s. 328]

  • (a.4) [Repealed, 2018, c. 31, s. 328]

  • (b) [Repealed, 2018, c. 31, s. 328]

  • (c) contravenes paragraph 166(1)(a) (display of campaign literature in polling place).

  • (d) [Repealed, 2018, c. 31, s. 328]

  • (e) [Repealed, 2018, c. 31, s. 328]

• Marginal note:Offences requiring intent — dual procedure

  (3) Every person is guilty of an offence who

  • (a) being an employer, contravenes section 134 (preventing employee from using voting time); or

  • (b) [Repealed, 2018, c. 31, s. 328]

  • (b.1) contravenes any of paragraphs 161(5.1)(a) to (d) (forbidden acts re polling day registration).

  • (c) [Repealed, 2018, c. 31, s. 328]

  • (d) [Repealed, 2018, c. 31, s. 328]

  • (e) [Repealed, 2018, c. 31, s. 328]

  • (f) [Repealed, 2018, c. 31, s. 328]

  • (g) [Repealed, 2018, c. 31, s. 328]