Elections Modernization Act (S.C. 2018, c. 31)

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: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).

Violations

Marginal note:Violation

508.1 Every person or entity that contravenes section 281.3, 281.4 or 281.5 or a provision of any of Parts 16, 17 and 18 – or that fails to comply with a requirement of the Chief Electoral Officer under any of those Parts, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner — commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act.

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 under this Act, 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 subsection (2), the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity.

• Marginal note:Maximum — sections 363 and 367

  (2) The maximum administrative monetary penalty for a violation arising from the contravention of section 363 or 367 is an amount equal to twice the amount that was contributed in contravention of that section, plus

  • (a) $1,500, in the case of an individual who contravenes section 363 or 367; and

  • (b) $5,000, in the case of a corporation or an entity that contravenes section 363.

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.

Marginal note:Position within Office of Chief Electoral Officer

• 509.1 (1) The position of Commissioner of Canada Elections is within the Office of the Chief Electoral Officer.

• Marginal note:Deputy head — Financial Administration Act

  (2) For the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 occupy their positions.

• Marginal note:Deputy head — Public Service Employment Act

  (3) For the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 occupy their positions.

Marginal note:Duty

509.2 The Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced by taking any measure that is provided for in this Act, including by

• (a) conducting investigations;

• (b) instituting prosecutions for offences under this Act;

• (c) entering into compliance agreements;

• (d) issuing notices of violation that set out an administrative monetary penalty; or

• (e) accepting undertakings.

Marginal note:Independence

• 509.21 (1) All decisions made and actions taken by the Commissioner under any provision of Part 19 are to be made or taken independently of the Chief Electoral Officer.

• Marginal note:Clarification

  (2) Nothing in subsection (1) precludes the Commissioner from consulting with the Chief Electoral Officer in respect of any matter if the Commissioner considers it appropriate to do so.

Marginal note:Power to take measures

509.22 The Commissioner, if he or she considers it to be in the public interest, may take any measures, including incurring any expenses, when exercising or performing any of his or her powers, duties and functions under this Part.

Marginal note:Delegation

509.23 The Commissioner may delegate to any member of his or her staff, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties or functions that relate to the issuance of notices of violation or the acceptance of undertakings under this Part.

Marginal note:Authorization to assist

509.5 The Commissioner may authorize a person employed in the Office of the Chief Electoral Officer to assist the Commissioner in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.1(2) and (3) and in the exercise of his or her power under section 509.4, subject to the terms and conditions that the Commissioner sets.

Marginal note:Amounts to be paid out of C.R.F.

509.6 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Chief Electoral Officer:

Investigations

• Marginal note:Public officer — Criminal Code

  (3) For the purposes of Part XV of the Criminal Code, any person who is charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.