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

Offences under Part 21 (General)

Marginal note:Strict liability offence — summary conviction

• 499 (1) Every person who contravenes subsection 548(1) (removal of posted election documents) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person is guilty of an offence who

  • (a) knowingly contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or

  • (b) being a candidate, knowingly contravenes section 550 (signing document that limits freedom of action in Parliament).

Punishment

Marginal note:Punishment — strict liability offences

• 500 (1) Every person who is guilty of an offence under any of subsections 484(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.

• Marginal note:Punishment — strict liability offences

  (1.1) Every person who is guilty of an offence under section 497.01 is liable on summary conviction to a fine of not more than $1,000.

• Marginal note:Punishment — offences requiring intent (summary conviction)

  (2) Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1) and 489(2), sections 491.1 and 493 and subsections 495(2) and (3), 497.1(2) and 497.2(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Punishment — offences requiring intent (summary conviction)

  (3) Every person who is guilty of an offence under subsection 485(1) or paragraph 487(1)(b) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both.

• (3.1) [Repealed, 2014, c. 12, s. 100]

• Marginal note:Punishment — offences requiring intent (summary conviction — fine only)

  (4) Every person who is guilty of an offence under subsection 495(4) is liable on summary conviction to a fine of not more than $50,000.

• Marginal note:Punishment — offences requiring intent (dual procedure)

  (5) Every person who is guilty of an offence under any of subsections 480(1) and (2), 480.1(1), 481(1) and 482(1), section 482.1, subsections 484(3), 485(2), 486(3) and (4), 487(2), 488(2) and 489(3), section 490, subsection 491(3), section 491.2, subsection 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liable

  • (a) on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than one year, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than five years, or to both.

• Marginal note:Additional punishment — third parties

  (5.1) Every third party that is guilty of an offence under paragraph 495.21(1)(a) or (b) or subsection 495.21(2) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount of the funds whose source was a foreign entity that were used, or the amount of the funds that were used to circumvent the prohibition on using funds whose source is a foreign entity.

• Marginal note:Additional punishment — third parties

  (5.2) Every third party that is guilty of an offence under paragraph 495.3(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the pre-election period expenses limit in question.

• Marginal note:Additional punishment — third parties

  (6) Every third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the election period expenses limit in question.

Marginal note:Additional penalties

• 501 (1) When a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order direct the person to

  • (a) perform community service, subject to any reasonable conditions that may be specified in the order;

  • (a.1) if the offence results, directly or indirectly, in a financial benefit under this Act, or a contribution for which a receipt referred to in subsection 127(3) of the Income Tax Act was issued, pay to the Receiver General an amount that is not more than the financial benefit or contribution, as the case may be;

  • (b) compensate any other person who has suffered damages as a result of the commission of the offence;

  • (c) perform any obligation the non-performance of which gave rise to the offence; or

  • (d) take any other reasonable measure that the court considers appropriate to ensure compliance with this Act.

• Marginal note:Additional penalties

  (2) If a registered party, its chief agent or registered agent or one of its officers has been convicted of an offence referred to in subsection (3), the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order,

  • (a) direct the Chief Electoral Officer to deregister the party;

  • (b) if it directs deregistration under paragraph (a), direct the chief agent — or another person specified by the court — to liquidate the party’s assets; and

  • (c) if it directs liquidation under paragraph (b), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association’s assets.

• Marginal note:Offences

  (3) For the purposes of subsection (2), the provisions are the following:

  • (a) paragraph 497(2)(h) (entering into prohibited agreement);

  • (b) paragraph 497(2)(i) (soliciting or accepting contribution);

  • (c) paragraph 497(2)(j) (collusion);

  • (d) paragraph 497.1(3)(d) (providing or certifying false or misleading information or making false or misleading declaration);

  • (e) paragraph 497.1(3)(e) (providing false or misleading information);

  • (f) paragraph 497.1(3)(k) (failure to provide financial transactions return or related documents);

  • (g) paragraph 497.1(3)(n) (providing document that contains false or misleading information);

  • (h) paragraph 497.1(3)(p) (providing document that contains false or misleading information); and

  • (i) paragraph 497.2(3)(h) (failure to provide financial transactions return or related documents).

• Marginal note:Documents to be provided to Chief Electoral Officer

  (4) The chief agent or specified person shall, within six months after being directed to liquidate the party’s assets under subsection (2), provide to the Chief Electoral Officer

  • (a) a statement — prepared in accordance with generally accepted accounting principles — of the fair market value of the party’s assets and liabilities on the day of the order;

  • (b) a report by the party’s auditor to the chief agent or specified person containing the auditor’s opinion as to whether the statement presents, in accordance with generally accepted auditing standards, the fair market value of those assets and liabilities; and

  • (c) a declaration in the prescribed form by the chief agent or specified person concerning that statement.

• Marginal note:Remittance to Receiver General

  (5) Within three months after providing the documents referred to in subsection (4), the chief agent or specified person shall remit an amount equal to any net balance of the assets over liabilities, calculated on the basis of the statement mentioned in paragraph (4)(a), to the Chief Electoral Officer who shall forward that amount to the Receiver General.

• Marginal note:Liability of chief agent

  (6) The chief agent or specified person is liable for the remittance of the amount referred to in subsection (5).

• Marginal note:Application to registered associations

  (7) Subsections (4) to (6) apply to the liquidation of a registered association’s assets under subsection (2) and any reference in those subsections to “party” and “chief agent” shall be read as a reference to “registered association” and “financial agent”, respectively.

Illegal Practices and Corrupt Practices

Marginal note:Illegal practice

• 502 (1) Every person is guilty of an offence that is an illegal practice who

  • (a) being a candidate or an official agent of a candidate, contravenes section 92 (publication of false statement of withdrawal of candidate);

  • (b) being a candidate or an official agent, contravenes subsection 330(2) (foreign broadcasting);

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

  • (d) being a candidate or an official agent of a candidate, commits an offence under subsection 480(1) (obstructing electoral process) or 480(2) (inciting, conspiring to act in disorderly manner);

  • (e) being a candidate, contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or

  • (f) being a candidate, contravenes section 550 (signing of document that limits freedom of action in Parliament).

• Marginal note:Corrupt practice

  (2) Every person is guilty of an offence that is a corrupt practice who

  • (a) [Repealed, 2018, c. 31, s. 347]

  • (b) being a candidate or an official agent of a candidate, contravenes paragraph 43(a) (obstruction of election officer);

  • (c) being a candidate or an official agent of a candidate, knowingly contravenes paragraph 43(b) (impersonation of election officer);

  • (d) being a candidate or an official agent of a candidate, contravenes paragraph 56(b) (making false statement to have person deleted from Register of Electors);

  • (e) being a candidate or an official agent of a candidate, contravenes paragraph 56(c) or (d) (forbidden acts re Register of Electors);

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

  • (f.1) [Repealed, 2014, c. 12, s. 102]

  • (g) contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);

  • (g.1) contravenes section 281.5 (only one vote);

  • (g.2) contravenes paragraph 281.7(1)(a) (request or apply for a ballot or special ballot under false name);

  • (h) being a candidate or an official agent of a candidate, commits an offence under subsection 282.7(1) (offering bribe);

  • (h.01) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);

  • (h.1) being a candidate or an official agent of a candidate, commits an offence under subsection 480.1(1) (impersonation); or

  • (h.2) being a candidate or an official agent of a candidate, commits an offence under section 482.1 (obstruction).

  • (i) [Repealed, 2018, c. 31, s. 347]

• Marginal note:Consequences of illegal, corrupt practices

  (3) Any person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled to

  • (a) be elected to or sit in the House of Commons; or

  • (b) hold any office in the nomination of the Crown or of the Governor in Council.

Miscellaneous Provisions

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:Judicial proceedings and compliance agreements

504 In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association,

• (a) the party or association is deemed to be a person; and

• (b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be.