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

Offences under Division 5 of Part 18 (Candidates)

Marginal note:Strict liability offences — summary conviction

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

  • (a) being a candidate, contravenes subsection 477.1(1) (failure to appoint official agent);

  • (b) being a candidate, contravenes subsection 477.1(2) (failure to appoint auditor);

  • (c) being a candidate, contravenes section 477.42 (failure to appoint a replacement official agent or auditor);

  • (d) being an official agent, contravenes section 477.46 (failure to satisfy bank account requirements);

  • (e) being a candidate, an official agent or a person authorized under paragraph 477.55(c), contravenes subsection 477.52(1) (exceeding election expenses limit) or, being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);

  • (f) being a candidate or an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);

  • (g) being an official agent, contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);

  • (h) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);

  • (i) being a candidate, contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);

  • (j) being an official agent, contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);

  • (k) being an official agent, contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);

  • (l) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);

  • (m) being an official agent, contravenes section 477.61 (failure to pay value of contribution that cannot be returned);

  • (m.1) being a candidate, contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);

  • (n) being an official agent, contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);

  • (o) being a candidate or the official agent of one, contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);

  • (p) being an official agent, contravenes paragraph 477.72(1)(b) (providing document that is substantially incomplete);

  • (q) being an official agent, contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);

  • (r) being a registered agent or financial agent, contravenes section 477.85 (improper or unauthorized transfer of funds);

  • (s) being an official agent, contravenes subsection 477.88(2) (failure to return unused income tax receipts);

  • (t) being a candidate, contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);

  • (u) being a candidate, contravenes subsection 477.9(5) (failure to provide statement within required period);

  • (v) being a candidate, contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); or

  • (w) being a candidate, contravenes paragraph 477.95(b) (providing incomplete statement).

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person is guilty of an offence who

  • (a) knowingly contravenes subsection 477.44(1) or (2) (ineligible person acting as official agent or auditor);

  • (b) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(1) or (2) (accepting contributions or providing receipts for them);

  • (c) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(3) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds);

  • (d) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(4) (paying electoral campaign expenses);

  • (d.1) being a person or entity other than a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(5) (incurring electoral campaign expenses);

  • (d.2) being a candidate, knowingly contravenes subsection 477.47(5.1) (failure to obtain written authorization to incur election expense or incurring it contrary to authorization);

  • (e) being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying certain expenses);

  • (f) [Repealed, 2018, c. 31, s. 343]

  • (g) being a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.52(1) (exceeding election expenses limit);

  • (h) being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);

  • (h.1) being a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.551 (entering into contract in relation to electoral campaign without authorization);

  • (i) being an official agent, knowingly contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);

  • (j) being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);

  • (k) being a candidate, knowingly contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);

  • (l) being an official agent, knowingly contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);

  • (m) being an official agent, knowingly contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);

  • (n) being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);

  • (o) being an official agent, knowingly contravenes section 477.61 (failure to pay value of contribution made by unknown contributor);

  • (o.1) being a candidate, knowingly contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);

  • (p) being an official agent, knowingly contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);

  • (q) being a candidate or the official agent of one, knowingly contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);

  • (q.1) being a candidate, contravenes section 477.711 (sending false or misleading declaration);

  • (r) being an official agent, contravenes paragraph 477.72(1)(a) or knowingly contravenes paragraph 477.72(1)(b) (providing document that contains false or misleading statement or one that is incomplete);

  • (s) being an official agent, knowingly contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);

  • (t) being a registered agent or financial agent, knowingly contravenes section 477.85 (unauthorized or improper transfer of funds);

  • (u) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);

  • (v) being a candidate, knowingly contravenes subsection 477.9(5) (failure to provide statement within required period);

  • (w) being a candidate, knowingly contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); or

  • (x) being a candidate, contravenes paragraph 477.95(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 477.95(b) (providing incomplete statement).

Offences under Division 6 of Part 18 (Leadership Contestants)

Marginal note:Strict liability offences — summary conviction

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

  • (a) being a registered party, contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);

  • (b) being a person, contravenes subsection 478.2(1) (failure to register for a leadership contest);

  • (c) being a leadership contestant, contravenes subsection 478.5(2) or section 478.62, 478.63 or 478.64 (failure to comply with requirements re: appointment of leadership campaign agent, financial agent or auditor);

  • (d) being a leadership contestant, contravenes subsection 478.66(1) or (2) (failure to report changes to leadership contestant information);

  • (e) being a leadership contestant, contravenes section 478.67 (failure to file statement of withdrawal);

  • (f) being a registered party, contravenes section 478.68 (failure to file statement of withdrawal of acceptance);

  • (g) being the financial agent of a leadership contestant, contravenes section 478.72 (failure to satisfy bank account requirements);

  • (h) being a leadership contestant or the financial agent of one, contravenes subsection 478.75(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);

  • (i) being the financial agent of a leadership contestant, contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);

  • (j) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);

  • (k) being a leadership contestant, contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);

  • (l) being the financial agent of a leadership contestant, contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);

  • (m) being the financial agent of a leadership contestant, contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);

  • (n) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);

  • (o) being the financial agent of a leadership contestant, contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);

  • (p) being the financial agent of a leadership contestant, contravenes section 478.82 (failure to forward certain contributions);

  • (p.1) being a leadership contestant, contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

  • (q) being the financial agent of a leadership contestant, contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);

  • (r) being a leadership contestant or the financial agent of one, contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);

  • (s) being the financial agent of a leadership contestant, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); or

  • (t) being the financial agent of a leadership contestant, contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person is guilty of an offence who

  • (a) being a registered party, knowingly contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);

  • (b) being a person, knowingly contravenes subsection 478.2(1) (failure to register for a leadership contest);

  • (c) being a person, knowingly contravenes subsection 478.65(1) or (2) (acting as financial agent, leadership campaign agent or auditor when ineligible to do so);

  • (d) being a leadership contestant, knowingly contravenes section 478.67 (failure to file statement of withdrawal);

  • (e) being a registered party, knowingly contravenes section 478.68 (failure to file statement of withdrawal of acceptance);

  • (f) being a person or entity other than a leadership campaign agent, knowingly contravenes subsection 478.73(1) (acceptance of contribution while ineligible);

  • (g) being a person or entity other than a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);

  • (h) being a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(3) (accepting prohibited contribution);

  • (i) being a person or entity, knowingly contravenes subsection 478.73(4) or (5) (paying or incurring expenses for specified purposes while ineligible);

  • (j) being a person or entity, knowingly contravenes subsection 478.73(6) (paying certain expenses of leadership contestant while ineligible);

  • (k) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);

  • (l) being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);

  • (m) being a leadership contestant, knowingly contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);

  • (n) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);

  • (o) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);

  • (p) being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);

  • (q) being the financial agent of a leadership contestant, knowingly contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);

  • (r) being the financial agent of a leadership contestant, knowingly contravenes section 478.82 (failure to forward certain contributions);

  • (r.1) being a leadership contestant, knowingly contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);

  • (s) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);

  • (t) being a leadership contestant or the financial agent of one, knowingly contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);

  • (t.1) being a leadership contestant, contravenes section 478.921 (sending false or misleading declaration);

  • (u) being the financial agent of a leadership contestant, contravenes paragraph 478.93(a) or knowingly contravenes paragraph 478.93(b) (providing document that contains false or misleading information or that is substantially incomplete); or

  • (v) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).

Offences under this Part (Enforcement)

Marginal note:Strict liability offence — summary conviction

• 498 (1) Every chief agent of a registered party is guilty of an offence who fails to comply with a requirement of the Commissioner under section 510.001.

• Marginal note:Offence requiring intent — dual procedure

  (2) Every person is guilty of an offence who

  • (a) knowingly contravenes subsection 479(4) (refusal to obey order to leave office or place); or

  • (b) being the chief agent of a registered party, knowingly fails to comply with a requirement of the Commissioner under section 510.001.