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

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).

Marginal note:Deeming — calling service providers

505.1 For the purpose of a prosecution brought under subsection 495.1(1) or (2) against a calling service provider that is a group or for the purpose of entering into a compliance agreement with the calling service provider,

• (a) the calling service provider is deemed to be a person; and

• (b) any act or thing done or omitted to be done by a member of the calling service provider within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the calling service provider.

Marginal note:Deeming — third parties that are groups

• 505.2 (1) For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party that is a group or for the purpose of entering into a compliance agreement with the third party, the third party is deemed to be a person.

• Marginal note:Official representatives

  (2) If a third party that is a group commits an offence under subsection 495.2(1) or (2), its official representative commits the offence if he or she authorized, consented to or participated in the act or omission that constitutes the offence.

Marginal note:Prosecution of third parties — vicarious liability

505.3 For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party, any act or omission of its official representative is deemed to be an act or omission of the third party.

Marginal note:Interpretation

505.4 For the purposes of sections 505.1 to 505.3, calling service provider, group, official representative and third party have the same meaning as in section 348.01.

Marginal note:Deregistered party — strict liability

• 506 (1) A deregistered political party whose chief agent commits an offence under paragraph 497.1(1)(e) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.

• Marginal note:Deregistered party — offence requiring intent

  (2) A deregistered political party whose chief agent commits an offence under paragraph 497.1(3)(g) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.

Marginal note:Registered party — strict liability

• 507 (1) A registered party whose chief agent commits an offence under any of paragraphs 497.1(1)(h), (i), (k), (l), (m) and (n) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.

• Marginal note:Registered party — offences requiring intent

  (2) A registered party whose chief agent commits an offence under any of paragraphs 497.1(3)(i), (k), (m), (o) and (p) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.

Marginal note:Evidence

508 In a prosecution for an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.

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.

Commissioner of Canada Elections

Marginal note:Commissioner of Canada Elections

• 509 (1) The Commissioner of Canada Elections shall be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, to hold office during good behaviour for a non-renewable term of 10 years and may be removed by the Chief Electoral Officer for cause.

• Marginal note:Remuneration

  (2) The Commissioner shall be paid the remuneration that is fixed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions.

• Marginal note:Ineligibility

  (3) A person is not eligible to be appointed as Commissioner if the person is or has been

  • (a) a candidate;

  • (b) an employee of a registered party or a person whose services have been engaged by the registered party to support its electoral or political financing activities; or

  • (c) a member of the staff referred to in any of paragraphs 4(2)(a) to (f) of the Parliamentary Employment and Staff Relations Act or a person referred to in paragraph 4(2)(g) of that Act.

  • (d) and (e) [Repealed, 2018, c. 31, s. 351]

• Marginal note:No re-appointment

  (4) A person who has served as Commissioner is not eligible for re-appointment to that office.

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.