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

Marginal note:Appearance of financial agent before judge

• 478.9 (1) A judge dealing with an application under section 478.89 or 478.91 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 478.8(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge.

• Marginal note:Show cause orders

  (2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent of predecessor

  • (a) do anything that the judge considers appropriate in order to remedy the failure; or

  • (b) be examined concerning any information that pertains to the failure.

Marginal note:Recourse of contestant for fault of financial agent

478.91 A leadership contestant may apply to a judge for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that

• (a) it occurred without his or her knowledge or acquiescence; or

• (b) he or she exercised all due diligence to avoid its occurrence.

The contestant shall notify the Chief Electoral Officer that the application has been made.

Marginal note:Destruction of documents — judge

• 478.92 (1) A leadership contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.8(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.

• Marginal note:Grounds

  (2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.

• Marginal note:Date of relief

  (3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.

Marginal note:Prohibition — false or misleading declaration

478.921 No leadership contestant shall send to their financial agent a declaration referred to in paragraph 478.8(1)(d) that they know or ought reasonably to know is false or misleading.

Marginal note:Prohibition — false, misleading or incomplete document

478.93 No financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) that

• (a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or

• (b) in the case of a document referred to in paragraph 478.8(1)(a), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

Payment of Audit Expenses

Marginal note:Certificate

• 478.931 (1) On receipt of the documents referred to in subsection 478.8(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

  • (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the leadership contestant’s leadership contest expenses and $1,500, and

  • (b) $250.

• Marginal note:Payment

  (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

• Marginal note:Inflation adjustment factor

  (3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the day on which the leadership contest ends.

Surplus of Leadership Campaign Funds

Marginal note:Surplus of leadership campaign funds

• 478.94 (1) The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of the following is more than the sum of the contestant’s leadership campaign expenses paid from the bank account referred to in subsection 478.72(1) and any transfers referred to in paragraph 364(5)(b):

  • (a) contributions accepted by the leadership campaign agents on behalf of the contestant;

  • (b) money received from the sale referred to in subsection (2);

  • (c) amounts referred to in subsection 365(3); and

  • (d) any other amounts received by the contestant for their leadership campaign that are required to be deposited into the bank account referred to in subsection 478.72(1) and are not repayable.

• Marginal note:Sale of capital assets

  (2) Before the surplus amount of leadership campaign funds is disposed of in accordance with sections 478.95 and 478.96, a leadership contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a leadership campaign expense.

Marginal note:Notice of estimated surplus

• 478.95 (1) If the Chief Electoral Officer estimates that a leadership contestant has a surplus of leadership campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.

• Marginal note:Disposal of surplus funds

  (2) The leadership contestant’s financial agent shall dispose of a surplus of leadership campaign funds within 60 days after the day on which they receive the notice of estimated surplus.

• Marginal note:Disposal without notice

  (3) If a leadership contestant has a surplus of leadership campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s leadership campaign return.

Marginal note:Method of disposal of surplus

478.96 The leadership contestant’s financial agent shall dispose of surplus leadership campaign funds by transferring them to the registered party that is holding the leadership contest or a registered association of that party.

Marginal note:Notice of disposal of surplus

• 478.97 (1) A leadership contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

• Marginal note:Publication

  (2) As soon as feasible after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.

PART 19Enforcement

Peace and Good Order at Elections

Marginal note:Duty to maintain order

• 479 (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.

• Marginal note:Duty to maintain order

  (2) Every election officer is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.

• Marginal note:Order to leave

  (3) In performing his or her duty under subsection (1) or (2), an election officer may order a person to leave the returning officer’s office or other place where the vote is taking place if the person is committing — or the officer believes on reasonable grounds that the person has committed — in the office or place an offence under this Act, any other Act of Parliament or any regulation made under any other Act of Parliament that threatens the maintenance of order.

• Marginal note:Order must be obeyed

  (4) Every person in respect of whom an order is made to leave an office or place must obey it without delay.

• (5) [Repealed, 2018, c. 31, s. 320]

• (6) [Repealed, 2018, c. 31, s. 320]

• Marginal note:Removal of material

  (7) If a returning officer or other election officer believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer may cause any material that they believe on reasonable grounds was used in contravention of that paragraph to be removed from, in the case of a returning officer, his or her office or, in the case of any other election officer, the polling station.

• Marginal note:Peace officer protection

  (8) Every election officer has, while exercising their powers or performing their duties under this section, all the protection that a peace officer has by law.

Offences

General Provisions

Marginal note:Obstruction, etc., of electoral process

• 480 (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 480.1, 481, 482 or 482.1 or contravening a provision referred to in any of sections 484 to 499.

• Marginal note:Public meetings

  (2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.

Marginal note:Impersonation

• 480.1 (1) Every person is guilty of an offence who, with intent to mislead, falsely represents themselves to be, or causes anyone to falsely represent themselves to be,

  • (a) the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff or a person who is authorized to act on the Chief Electoral Officer’s behalf;

  • (b) an election officer or a person who is authorized to act on an election officer’s behalf;

  • (c) a person who is authorized to act on behalf of the Office of the Chief Electoral Officer;

  • (d) a person who is authorized to act on behalf of a registered party or a registered association; or

  • (e) a candidate or a person who is authorized to act on a candidate’s behalf.

• Marginal note:Exception

  (2) A person does not commit an offence under subsection (1) if they establish that the representation was manifestly for the purpose of parody or satire.