Canada Elections Act

Marginal note:Criteria for penalty

• 508.6 (1) The amount of an administrative monetary penalty is to be determined taking into account

  • (a) the degree of intention or negligence on the part of the person or entity that committed the violation;

  • (b) the harm done by the violation;

  • (c) whether the person or entity derived any advantage from the violation;

  • (d) whether the person or entity made reasonable efforts to mitigate or reverse the violation’s effects;

  • (e) whether the person or entity has taken steps to avoid committing the violation in the future;

  • (f) whether the person or entity has provided all reasonable assistance to the Commissioner with respect to the violation, including reporting it and providing any relevant information;

  • (g) the person’s or entity’s history of compliance with the provisions of this Act;

  • (h) the person’s or entity’s ability to pay the penalty;

  • (i) any aggravating and mitigating circumstances; and

  • (j) any other factor that, in the opinion of the Commissioner, is relevant.

• Marginal note:Notice

  (2) The Commissioner may take into account a factor under paragraph (1)(j) only if a notice that sets out the factor has been published on his or her Internet site.

• Marginal note:Consultations

  (3) Before publishing the notice, the Commissioner shall consult with the Chief Electoral Officer and then

  • (a) consult with the Advisory Committee of Political Parties established by subsection 21.1(1); and

  • (b) publish on his or her Internet site, for the purpose of public consultation, a notice that sets out the proposed factor for at least 30 days.