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Financial Administration of Leadership Contestants
Powers, Duties and Functions of Financial Agent
Duty of financial agent
478.71 A leadership contestant’s financial agent is responsible for administering the contestant’s financial transactions for their leadership campaign and for reporting on those transactions in accordance with this Act.
Bank account
478.72 (1) A leadership contestant’s financial agent shall open, for the sole purpose of the contestant’s leadership campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.
Account holder name
(2) The account shall name the account holder as follows: “(name of financial agent), financial agent”.
Payments and receipts
(3) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the payment or receipt of money are to be paid from or deposited to the account.
Closure of bank account
(4) After the end of the leadership contest or the withdrawal or death of the leadership contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus leadership campaign funds have been dealt with in accordance with this Act.
Final statement of bank account
(5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.
Prohibition — accepting contributions, borrowing
478.73 (1) No person or entity, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant’s leadership campaign or borrow money on the contestant’s behalf under section 373.
Prohibition — accepting goods, services or funds or transferring funds
(2) No person or entity, other than a leadership campaign agent of a leadership contestant, shall, on the contestant’s behalf,
(a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364 or 365; or
(b) transfer funds, if the transfer is permitted under section 364.
Prohibition — accepting certain transfers of funds
(3) No leadership campaign agent of a leadership contestant shall, on the contestant’s behalf, accept a transfer of funds from a registered party or registered association, except the transfer by a registered party of an amount out of a directed contribution as defined in subsection 365(2).
Prohibition — paying leadership campaign expenses
(4) No person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses, other than personal expenses.
Prohibition — incurring leadership campaign expenses
(5) No person or entity, other than the leadership contestant or one of their leadership campaign agents, shall incur the contestant’s leadership campaign expenses.
Prohibition — paying contestant’s personal expenses
(6) No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s personal expenses.
Recovery of Claims for Debts
Claim for payment
478.74 A person who has a claim to be paid for a leadership campaign expense shall send the invoice or other document evidencing the claim to the leadership contestant’s financial agent or, if there is no financial agent, to the leadership contestant.
Payment within three years
478.75 (1) If a claim for a leadership campaign expense is evidenced by an invoice or other document that has been sent under section 478.74, or if a claim for repayment of a loan is made to the leadership contestant under section 373, the claim shall be paid within three years after the day on which the leadership contest ends.
Prohibition — payment without authorization
(2) No leadership contestant and no financial agent of a leadership contestant shall pay a claim referred to in subsection (1) after the expiry of the three-year period referred to in that subsection unless authorized to do so under section 478.77 or 478.78, or ordered to do so as a result of proceedings commenced under section 478.79.
Unenforceable contracts
478.76 A contract in relation to a leadership campaign is not enforceable against the leadership contestant unless it was entered into by the contestant personally or by one of the contestant’s leadership campaign agents.
Irregular claims or payments — Chief Electoral Officer
478.77 (1) On the written application of a person who has a claim to be paid for a leadership campaign expense in relation to a leadership contestant or to be paid for a loan made to the contestant under section 373, or on the written application of the contestant’s financial agent or the contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the contestant’s financial agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 478.75(1).
Conditions
(2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).
Irregular claims or payments — judge
478.78 On the application of a person who has a claim to be paid for a leadership campaign expense in relation to a leadership contestant or to be paid for a loan made to the contestant under section 373, or on the application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed if
(a) the applicant establishes that an authorization under subsection 478.77(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 478.75(1); or
(b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 478.77(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.
The applicant shall notify the Chief Electoral Officer that the application has been made.
Proceedings to recover payment
478.79 A person who has sent an invoice or other document evidencing a claim under section 478.74, or has a claim for repayment of a loan made to a leadership contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the leadership contestant or their financial agent refuses to pay that amount or disputes that it is payable; and
(b) after the end of the three-year period referred to in subsection 478.75(1) or any extension of that period authorized under subsection 478.77(1) or section 478.78, in any other case.
The leadership contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.
Leadership Campaign Return
Leadership campaign return
478.8 (1) A leadership contestant’s financial agent shall provide the Chief Electoral Officer with the following in respect of a leadership contest:
(a) a leadership campaign return, in the prescribed form, on the financing and leadership campaign expenses for the leadership campaign;
(b) the auditor’s report on the return, if one is required under subsection 478.83(1);
(c) a declaration in the prescribed form by the financial agent that the return is complete and accurate; and
(d) a declaration in the prescribed form by the leadership contestant that the return is complete and accurate.
Contents of return
(2) The leadership campaign return shall set out
(a) a statement of leadership campaign expenses;
(b) a statement of claims that are the subject of proceedings under section 478.79;
(c) a statement of unpaid claims, including those resulting from loans made to the leadership contestant under section 373;
(d) a statement of the terms and conditions of each loan made to the leadership contestant under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
(e) the total amount of contributions received by the leadership contestant;
(f) the number of contributors;
(g) the name and address of each contributor who made contributions of a total amount of more than $200 to the leadership contestant, that total amount, as well as the amount of each of those contributions and the date on which the contestant received it;
(h) the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 365(2) out of which an amount has been transferred by the party to the contestant, the amount of the contribution, the amount of the directed contribution and the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;
(i) a statement of the commercial value of goods or services provided and of funds transferred by the leadership contestant to a registered party or a registered association;
(j) a statement of the commercial value of goods or services provided and of funds transferred to the leadership contestant by a registered party or a registered association; and
(k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Supporting documents
(3) Together with the leadership campaign return, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement concerning personal expenses referred to in subsection 478.85(1).
Additional supporting documents
(4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Report
(5) If there is any amendment to the information in a statement referred to in paragraph (2)(d), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the leadership contestant’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Publication
(6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(d) and any report provided under subsection (5) as soon as feasible after receiving the information or report.
Period for providing documents
(7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within six months after the end of the leadership contest.
Declaration of leadership contestant
(8) A leadership contestant shall, within six months after the end of the leadership contest, send their financial agent the declaration referred to in paragraph (1)(d).
Death of leadership contestant
(9) If a leadership contestant dies without having sent the declaration within the period referred to in subsection (8),
(a) they are deemed to have sent the declaration in accordance with that subsection; and
(b) the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1).
Payment of unpaid claims
(10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.
First update
(11) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 18 months after the end of the leadership contest, within the period that begins 18 months after the end of the leadership contest and ends 19 months after the end of the leadership contest. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:
(a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
(b) whether the claim is the subject of proceedings under section 478.79;
(c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
(d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
(e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
(f) any other relevant information that could help explain why the amount is unpaid.
Second update
(12) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 36 months after the end of the leadership contest, within the period that begins 36 months after the end of the leadership contest and ends 37 months after the end of the leadership contest. The updated version shall include the information referred to in paragraphs (11)(a) to (f).
Supporting documents
(13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.
Additional supporting documents
(14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Irregular claims and payments
(15) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 478.77 or 478.78 or an order to pay resulting from proceedings commenced under section 478.79. The financial agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.
Return on contributions
478.81 (1) A leadership contestant’s financial agent shall, for the period beginning on the first day of the leadership contest and ending on the day that is four weeks before the end of the leadership contest, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 478.8(2)(d) to (k) if the leadership contestant has, during that period, accepted contributions of more than $10,000 in total or incurred leadership campaign expenses of more than $10,000 in total. The financial agent shall provide the return within one week after the end of that period.
Second return
(2) The leadership contestant’s financial agent shall also provide the Chief Electoral Officer with such a return for the period beginning on the first day after the end of the period referred to in subsection (1) and ending on the day that is one week before the end of the leadership contest. The financial agent shall provide the return no later than two days before the end of the leadership contest.
Return on contributions
(3) The financial agent of a leadership contestant who attains the threshold for contributions or expenses as described in subsection (1) after the period referred to in that subsection shall provide the Chief Electoral Officer with a return that includes the information referred to in that subsection for the period beginning on the first day of the leadership contest and ending on the day that is one week before the end of the leadership contest. The financial agent shall provide the return no later than two days before the end of the leadership contest.
When contributions forwarded to Receiver General
478.82 If the name of the contributor of a contribution of more than $20 to a leadership contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a leadership contestant, is not known, the leadership contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Auditor’s report
478.83 (1) As soon as feasible after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $5,000 or more in total or incurred leadership campaign expenses of $5,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return for that contest and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.
Statement
(2) The auditor shall include in the report any statement that the auditor considers necessary if
(a) the return does not present fairly the information contained in the financial records on which it is based;
(b) the auditor has not received all the information and explanations that the auditor required; or
(c) based on the examination, it appears that the financial agent has not kept proper financial records.
Right of access
(3) The auditor shall have access at any reasonable time to all of the leadership contestant’s documents, and may require the contestant and their financial agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Ineligible to prepare report
(4) No person referred to in subsection 478.61(2) who is a partner or an associate of a leadership contestant’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.
Leadership contestants outside Canada
478.84 (1) Despite subsection 478.8(7), a leadership contestant who is outside Canada when the documents referred to in paragraphs 478.8(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 478.8(1)(d) within the period referred to in subsection 478.8(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.
Financial agent relieved of obligation
(2) Despite subsection 478.8(1), the financial agent need not provide the Chief Electoral Officer with the leadership contestant’s declaration referred to in paragraph 478.8(1)(d) if, in the circumstances set out in subsection (1), the contestant has not sent it to the financial agent.
Statement of personal expenses
478.85 (1) A leadership contestant shall, within five months after the end of the leadership contest, send their financial agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that the contestant paid and details of those personal expenses, including documentation of their payment; or
(b) declares that the contestant did not pay for any personal expenses.
Death of contestant
(2) Subsection (1) does not apply to a leadership contestant who dies before the end of the five-month period referred to in that subsection without having sent the written statement.
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral Officer
478.86 (1) The Chief Electoral Officer may correct a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.
Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a leadership contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 478.8(1), (10), (11), (12) or (15).
Deadline for correction or revision
(3) If the Chief Electoral Officer requests the correction or revision, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with the corrected or revised version of the document within the specified period.
Extensions — Chief Electoral Officer
478.87 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the extension of a period referred to in subsection 478.8(7), (10), (11), (12) or (15), unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.
Deadline
(2) The application may be made within the period referred to in subsection 478.8(7), (10), (11), (12) or (15) or within two weeks after the end of that period.
Corrections or revisions — Chief Electoral Officer
478.88 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.
Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
Deadline for correction or revision
(3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).
New deadline
(4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Extension of new deadline
(5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.
Extensions, corrections or revisions — judge
478.89 (1) A leadership contestant or their financial agent may apply to a judge for an order
(a) relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2);
(b) authorizing an extension referred to in subsection 478.87(1); or
(c) authorizing a correction or revision referred to in subsection 478.88(1).
The applicant shall notify the Chief Electoral Officer that the application has been made.
Deadline
(2) The application may be made
(a) under paragraph (1)(a), within the specified period referred to in subsection 478.86(2) or within the two weeks after the end of that period;
(b) under paragraph (1)(b), within two weeks after, as the case may be,
(i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 478.87(2), the end of the two-week period referred to in that subsection,
(ii) the rejection of an application for an extension made in accordance with section 478.87, or
(iii) the end of the extended period referred to in subsection 478.87(1); or
(c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 478.88.
Grounds — relief from compliance
(3) The judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.
Grounds — extension
(4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.
Grounds — corrections or revisions
(5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.
Contents of order
(6) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
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.
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.
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.
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.
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.
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.
Prohibition — false, misleading or incomplete document
478.93 No leadership contestant and 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 contestant or the financial agent, as the case may be, 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 subsection 478.8(1), 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.
Surplus of Leadership Campaign Funds
Surplus of leadership campaign funds
478.94 The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of contributions accepted by the leadership campaign agents on behalf of the contestant, amounts referred to in subsection 365(3) and any other amounts received by the contestant for their leadership campaign that are not repayable is more than the sum of the contestant’s leadership campaign expenses paid under this Act and any transfers referred to in paragraph 364(5)(b).
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.
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.
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.
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.
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.
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.
87. (1) Subsection 367(1) of the Act is replaced by the following:
Contribution limits
367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
(a) $1,500 in total in any calendar year to a particular registered party;
(b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
(d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.
(2) Section 367 of the Act is amended by adding the following after subsection (1):
Increase to contribution limits
(1.1) The contribution limits set out in subsection (1) increase by $25 on January 1 in each year.
88. The Act is amended by adding the following after section 480:
Impersonation
480.1 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.
89. The Act is amended by adding the following after section 482:
Obstruction, etc.
482.1 Every person is guilty of an offence who obstructs or hinders — or knowingly makes, either orally or in writing, a false or misleading statement to — the Commissioner of Canada Elections or any person acting under his or her direction while the Commissioner or the person acting under his or her direction is exercising or performing powers, duties or functions conferred or imposed on the Commissioner under this Act.
90. Subsection 484(3) of the Act is amended by adding the following after paragraph (b):
(b.1) being a field liaison officer, contravenes subsection 23.2(8) (engaging in politically partisan conduct);
2006, c. 9, s. 56(1)
91. (1) Subsection 486(1) of the Act is repealed.
2006, c. 9, s. 56(2)(F)
(2) Paragraph 486(3)(b) of the Act is repealed.
2006, c. 9, s. 56(3)
(3) Subsection 486(3) of the Act is amended by adding “or” at the end of paragraph (c) and by repealing paragraphs (e) to (g).
92. Subsection 487(2) of the Act is replaced by the following:
Offences requiring intent — dual procedure
(2) Every person who contravenes paragraph 111(a), (d), (d.1) or (e) (forbidden acts re list of electors) is guilty of an offence.
2007, c. 21, s. 38(2)
93. (1) Paragraphs 489(2)(a) and (a.1) of the Act are replaced by the following:
(a) contravenes subsection 143(5) (attesting to residence of more than one elector);
(a.1) contravenes subsection 143(6) (attesting to residence when own residence attested to);
2007, c. 21, s. 38(1) and (3)
(2) Paragraphs 489(2)(a.3) and (a.4) of the Act are replaced by the following:
(a.3) contravenes subsection 161(6) (attesting to residence of more than one elector);
(a.4) contravenes subsection 161(7) (attesting to residence when own residence attested to);
2007, c. 21, s. 38(4)
(3) Paragraphs 489(2)(d) and (e) of the Act are replaced by the following:
(d) contravenes subsection 169(5) (attesting to residence of more than one elector); or
(e) contravenes subsection 169(6) (attesting to residence when own residence attested to).
(4) Subsection 489(3) of the Act is amended by adding the following after paragraph (b):
(b.1) contravenes any of paragraphs 161(5.1)(a) to (d) (forbidden acts re polling day registration);
94. Paragraph 490(a) of the Act is replaced by the following:
(a) contravenes any of paragraphs 169(4.1)(a) to (d) (forbidden acts re advance polling registration);
(a.1) being a deputy returning officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);
94.1 Subsection 491(2) of the Act is replaced by the following:
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) contravenes subsection 237.1(3.1) (attesting to residence of more than one elector);
(b) contravenes subsection 237.1(3.2) (attesting to residence when own residence attested to); or
(c) contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules).
95. Paragraph 495(4)(d) of the Act is repealed.
96. The Act is amended by adding the following after section 495:
Offences under Division 2 of Part 16.1 (Scripts and Recordings)
Strict liability offences — summary conviction
495.1 (1) Every person is guilty of an offence who, being a calling service provider, contravenes
(a) paragraph 348.16(a) (obligation to keep scripts); or
(b) paragraph 348.16(b) (obligation to keep recordings).
Offences requiring intent — dual procedure
(2) Every person who, being a calling service provider, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.
Strict liability offences — summary conviction
495.2 (1) Every person is guilty of an offence who, being a person or group, contravenes
(a) paragraph 348.17(a) or section 348.19 (obligation to keep scripts); or
(b) paragraph 348.17(b) or section 348.18 (obligation to keep recordings).
Offences requiring intent — dual procedure
(2) Every person who, being a person or group, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.
97. (1) Paragraph 496(1)(a) of the Act is replaced by the following:
(a) any of subsections 350(1) to (4) (exceeding election advertising expense limits);
(1.1) Subsection 496(1) of the Act is amended by adding the following after paragraph (a):
(a.1) section 351.1 (foreign third party exceeding election advertising expense limit);
(2) Paragraph 496(2)(a) of the Act is replaced by the following:
(a) any of subsections 350(1) to (4) or section 351 (exceeding or circumventing election advertising expense limits);
(3) Subsection 496(2) of the Act is amended by adding the following after paragraph (a):
(a.1) section 351.1 (foreign third party exceeding election advertising expense limit);
2003, c. 19, s. 58(11)
98. Paragraph 497(3)(f.13) of the Act is replaced by the following:
(f.13) being an individual, knowingly contravenes subsection 405(1) or (4.1) (exceeding contribution limit);
2003, c. 19, ss. 58(1) to (6) and (8) to (17); 2004, c. 24, s. 21; 2006, c. 9, s. 57; 2007, c. 21, s. 39(1), 39(2)(E) and 39(3)
99. Section 497 of the Act is replaced by the following:
Offences under Division 1 of Part 18 (General Financial Provisions)
Strict liability offences — summary conviction
497. (1) Every person is guilty of an offence who
(a) being a person or entity, contravenes subsection 363(1) (making contribution while ineligible);
(b) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes subsection 363(2) (failure to return or pay amount of ineligible contribution);
(c) being a registered party or an electoral district association of one, contravenes subsection 365(1) (making prohibited transfer);
(d) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, contravenes section 366 (failure to issue receipt);
(e) being a person or entity, contravenes subsection 368(1) (circumventing contribution limit);
(f) being a person or entity, contravenes subsection 368(2) (concealing source of contribution);
(g) being an individual, contravenes section 370 (making indirect contributions);
(h) being a person authorized under this Act to accept contributions, contravenes section 372 (failure to return or pay amount of contribution);
(i) being a person or entity, contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money);
(j) being an individual, contravenes section 374 (making indirect loans);
(k) contravenes subsection 380(1) or (2) (failure to document payment); or
(l) being a person authorized to pay petty expenses, contravenes subsection 381(3) (failure to provide documentation of petty expenses) or 381(4) (paying more than the maximum amount of petty expenses).
Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) being a person or entity, knowingly contravenes subsection 363(1) (making contribution while ineligible);
(b) being a registered party or an electoral district association of one, knowingly contravenes subsection 365(1) (making prohibited transfer);
(c) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, knowingly contravenes section 366 (failure to issue receipt);
(d) being an individual, knowingly contravenes subsection 367(1) or (6) (exceeding contribution limit);
(e) being a person or entity, knowingly contravenes subsection 368(1) (circumventing contribution limit);
(f) being a person or entity, knowingly contravenes subsection 368(2) (concealing source of contribution);
(g) being a person entitled to accept contributions under this Act, contravenes subsection 368(3) (knowingly accepting excessive contribution);
(h) being a person or entity, knowingly contravenes subsection 368(4) (entering prohibited agreement);
(i) being a person or entity, contravenes subsection 369(1) (soliciting or accepting contribution);
(j) being a person or entity, contravenes subsection 369(2) (collusion);
(k) being an individual, knowingly contravenes section 370 (making indirect contributions);
(l) being an individual, knowingly contravenes section 371 (exceeding cash contribution limit);
(m) being a person authorized under this Act to accept contributions, knowingly contravenes section 372 (failure to return or pay amount of contribution);
(n) being a person or entity, knowingly contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money); or
(o) being an individual, knowingly contravenes section 374 (making indirect loans).
Offences under Division 2 of Part 18 (Political Parties)
Strict liability offences — summary conviction
497.1 (1) Every person is guilty of an offence who
(a) being a registered party, contravenes section 392 (failure to provide statement of assets and liabilities or related documents);
(b) being a registered party, contravenes subsection 396(2) or, being a registered party or an eligible party, contravenes subsection 395(4), section 399, subsection 400(1) or (2) or section 401 (failure to comply with requirements re: officers, chief agent, registered agents or auditor);
(c) being a registered party, contravenes subsection 405(1) or (4) (failure to report changes to registered party information);
(d) being a registered party, contravenes section 407 (failure to confirm validity of information on party);
(e) being a chief agent of a deregistered political party, contravenes section 420 (failure to provide financial transactions return or election expenses return or related documents);
(f) being a chief agent of a merging registered party, contravenes section 424 (failure to provide financial transactions return or related documents);
(g) being a chief agent, contravenes section 428 (failure to pay recoverable claim within three years);
(h) being a chief agent, contravenes subsection 431(1) (exceeding election expenses limit) or, being a registered party or third party, contravenes subsection 431(2) (colluding to circumvent election expenses limit);
(i) being a chief agent, contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(j) being a chief agent, contravenes section 433 (failure to provide quarterly return);
(k) being a registered agent, contravenes section 434 (failure to pay excess contributions);
(l) being a chief agent, contravenes paragraph 436(b) (providing document that is substantially incomplete);
(m) being a chief agent, contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);
(n) being a chief agent, contravenes paragraph 439(b) (providing document that is substantially incomplete);
(o) being a chief agent, contravenes subsection 440(3) (failure to provide corrected or revised document within specified period);
(p) being a chief agent or the leader of a registered party, contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period); or
(q) being the chief executive officer of a provincial division, contravenes subsection 446(5) (failure to report provincial division changes).
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) being a person or entity other than a registered agent or a person authorized under subsection 381(1), knowingly contravenes subsection 426(1) or (2) (paying or incurring registered party’s expenses);
(b) being a person or entity other than a registered agent, knowingly contravenes subsection 426(3) (accepting contributions or borrowing while ineligible); or
(c) being a person or entity other than a registered agent, knowingly contravenes subsection 426(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).
Offences requiring intent — dual procedure
(3) Every person is guilty of an offence who
(a) being a registered party, knowingly contravenes section 392 (failure to provide statement of assets and liabilities or related documents);
(b) knowingly contravenes subsection 403(1), (2) or (3) (ineligible person acting as officer, chief agent, registered agent or auditor);
(c) being an officer of a party, contravenes section 404 (officer knowing party not a political party);
(d) being a leader of a party, contravenes subsection 408(1), (3) or (4) (providing or certifying false or misleading information or making false or misleading declaration);
(e) being a registered party or an eligible party, contravenes subsection 408(2) (providing false or misleading information);
(f) being a member of a political party, contravenes subsection 408(5) (making false or misleading declaration);
(g) being a chief agent of a deregistered political party, knowingly contravenes section 420 (failure to provide transactions return or election expenses return or related documents);
(h) being a chief agent of a merging registered party, knowingly contravenes section 424 (failure to provide financial transactions returns or related documents);
(i) being a chief agent, knowingly contravenes subsection 431(1) (exceeding election expenses limit);
(j) being a registered party or a third party, knowingly contravenes subsection 431(2) (colluding to circumvent election expense limit);
(k) being a chief agent, knowingly contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(l) being a chief agent, knowingly contravenes section 433 (failure to provide quarterly return);
(m) being a registered agent, knowingly contravenes section 434 (failure to pay excess contributions);
(n) being a chief agent, contravenes paragraph 436(a) (providing document that contains false or misleading information);
(o) being a chief agent, knowingly contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);
(p) being a chief agent, contravenes paragraph 439(a) (providing document that contains false or misleading information);
(q) being a chief agent, knowingly contravenes subsection 440(3) (failure to provide corrected or revised document within specified period); or
(r) being a chief agent or the leader of a registered party, knowingly contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).
Offences under Division 3 of Part 18 (Electoral District Associations)
Strict liability offences — summary conviction
497.2 (1) Every person is guilty of an offence who
(a) being an electoral district association of a registered party, contravenes section 447 (financial activity while unregistered);
(b) being an electoral district association of a registered party, contravenes section 450 (financial activity during an election period);
(c) being a registered association, contravenes section 451 (failure to provide statement of assets and liabilities or related documents);
(d) being the financial agent of a registered association, contravenes section 452 (making erroneous declaration);
(e) being a registered association, contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);
(f) being a registered association, contravenes section 459, 460 or 461 (failure to comply with requirements re: appointment of financial agent or auditor);
(g) being a registered association, contravenes subsection 463(1) (failure to report changes to registered association information);
(h) being a registered association, contravenes section 464 (failure to confirm validity of information concerning association);
(i) being the financial agent of a deregistered electoral district association, contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);
(j) being the financial agent of a registered association, contravenes section 475.2 (failure to pay recoverable claim within three years);
(k) being the financial agent of a registered association, contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(l) being the financial agent of a registered association, contravenes section 475.5 (failure to pay excess contributions);
(m) being the financial agent of a registered association, contravenes paragraph 475.7(b) (providing document that is substantially incomplete);
(n) being the financial agent of a registered association, contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); or
(o) being the financial agent or the chief executive officer of a registered association, contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(1) or (2) (paying or incurring registered association’s expenses while ineligible);
(b) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(3) (accepting contributions while ineligible); or
(c) being a person or entity other than the financial agent of a registered association, knowingly contravenes subsection 475(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).
Offences requiring intent — dual procedure
(3) Every person is guilty of an offence who
(a) being an electoral district association, knowingly contravenes section 447 (financial activity while unregistered);
(b) being an electoral district association of a registered party, knowingly contravenes section 450 (financial activity during an election period);
(c) being a registered association, knowingly contravenes section 451 (failure to provide statement of assets and liabilities or related documents);
(d) being the financial agent of a registered association, knowingly contravenes section 452 (making erroneous declaration);
(e) being a registered association, knowingly contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);
(f) being a person, knowingly contravenes subsection 462(1) or (2) (acting as financial agent, electoral district agent or auditor when ineligible to do so);
(g) being the financial agent of a deregistered electoral district association, knowingly contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);
(h) being the financial agent of a registered association, knowingly contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(i) being the financial agent of a registered association, knowingly contravenes section 475.5 (failure to pay excess contributions);
(j) being the financial agent of a registered association, contravenes paragraph 475.7(a) (providing document that contains false or misleading information);
(k) being the financial agent of a registered association, knowingly contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); or
(l) being the financial agent or chief executive officer of a registered association, knowingly contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).
Offences under Division 4 of Part 18 (Nomination Contestants)
Strict liability offences — summary conviction
497.3 (1) Every person is guilty of an offence who
(a) being a registered party or registered association, contravenes subsection 476.1(1) (failure to notify of nomination contest);
(b) being a nomination contestant, contravenes section 476.3 (failure to appoint financial agent);
(c) being a nomination contestant, contravenes section 476.5, 476.6 or 476.61 (failure to comply with requirements re: appointment of financial agent);
(d) being a nomination contestant, contravenes subsection 476.63(1) or (2) (failure to report changes in nomination contestant information);
(e) being the financial agent of a nomination contestant, contravenes section 476.65 (failure to satisfy bank account requirements);
(f) being a nomination contestant or the financial agent of one, contravenes subsection 476.68(1) (exceeding nomination campaign expenses limit);
(g) being a nomination contestant or the financial agent of one, contravenes subsection 476.7(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
(h) being the financial agent of a nomination contestant, contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);
(i) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);
(j) being a nomination contestant, contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign ret­urn);
(k) being the financial agent of a nomina- tion contestant, contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);
(l) being the financial agent of a nomina- tion contestant, contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);
(m) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);
(n) being the financial agent of a nomination contestant, contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);
(o) being a nomination contestant, contravenes subsection 476.77(1) (failure to appoint auditor);
(p) being a nomination contestant, contravenes subsection 476.77(4) or (5) or section 476.78 (failure to comply with requirements re: appointment of auditor);
(q) being the financial agent of a nomination contestant, contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);
(r) being a nomination contestant or the financial agent of one, contravenes subsection 476.85(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 nomination contestant, contravenes paragraph 476.9(b) (providing document that is substantially incomplete); or
(t) being the financial agent of a nomination contestant, contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).
Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) being a registered party or registered association, knowingly contravenes subsection 476.1(1) (failure to notify of nomination contest);
(b) being a person, knowingly contravenes section 476.62 (acting as financial agent when ineligible to do so);
(c) being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(1) (acceptance of contribution while ineligible);
(d) being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);
(e) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(3) (accepting prohibited contribution);
(f) being a person or entity, knowingly contravenes subsection 476.66(4), (5) or (6) (paying or incurring expenses for specified purposes or paying personal expenses while ineligible);
(g) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination campaign expenses limit);
(h) being a person or entity, contravenes subsection 476.68(2) (circumventing nomination campaign expenses limit);
(i) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);
(j) being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);
(k) being a nomination contestant, knowingly contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign return);
(l) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);
(m) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);
(n) being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);
(o) being the financial agent of a nomination contestant, knowingly contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);
(p) being a person, knowingly contravenes section 476.79 (acting as auditor when ineligible to do so);
(q) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);
(r) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.85(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(s) being a nomination contestant or the financial agent of one, contravenes paragraph 476.9(a) or knowingly contravenes paragraph 476.9(b) (providing document that contains false or misleading information or that is substantially incomplete); or
(t) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).
Offences under Division 5 of Part 18 (Candidates)
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 an official agent, a candidate or a person authorized under paragraph 477.55(c), contravenes subsection 477.48(2) (incurring more than maximum allowed for notice of nomination meetings) or subsection 477.52(1) (exceeding election expenses limit) or, being an official agent, a candidate, 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 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);
(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).
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 a candidate, official agent or person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(4) or (5) (paying or incurring electoral campaign expenses);
(e) being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying candidate’s personal expenses);
(f) being a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.48(2) (spending more than maximum allowed for notice of nomination meetings);
(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);
(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);
(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);
(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)
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);
(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 a leadership contestant or the financial agent of one, 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).
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 personal 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);
(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);
(u) being a leadership contestant or the financial agent of one, 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).
2007, c. 21, s. 39.1
100. (1) Subsections 500(1) to (5) of the Act are replaced by the following:
Punishment — strict liability offences
500. (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 496(1), 497(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.
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), 489(2) and 491(2), section 493 and subsections 495(2) and (3) and 497(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.
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.
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.
Punishment — offences requiring intent (dual procedure)
(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 480.1 to 483, subsections 484(3), 485(2), 486(3), 487(2), 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 496(2) and 497(3), section 498 and subsection 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.
(2) Subsections 500(1) and (2) of the Act are replaced by the following:
Punishment — strict liability offences
500. (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 496(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(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.
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), 489(2) and 491(2), section 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.
(3) The portion of subsection 500(5) of the Act before paragraph (a) is replaced by the following:
Punishment — offences requiring intent (dual procedure)
(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 480.1 to 483, subsections 484(3), 485(2) and 486(3), section 487, subsections 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 496(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2) and 497.5(2), section 498 and subsection 499(2) is liable
2004, c. 24, s. 22(3)
101. (1) Subsection 501(3) of the Act is replaced by the following:
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).
2004, c. 24, s. 22(3)
(2) Subsection 501(3) of the Act is amended by adding “and” at the end of paragraph (h), by striking out “and” at the end of paragraph (i) and by repealing paragraph (j).
102. (1) Paragraph 502(1)(c) of the Act is replaced by the following:
(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);
2006, c. 9, s. 58
(2) Paragraph 502(2)(f.1) of the Act is repealed.
(3) Subsection 502(2) of the Act is amended by striking out “or” at the end of paragraph (h) and by adding the following after that paragraph:
(h.1) being a candidate or an official agent of a candidate, commits an offence under section 480.1 (impersonation);
(h.2) being a candidate or an official agent of a candidate, commits an offence under section 482.1 (obstruction); or
(4) Subsection 502(2) of the Act is amended by adding the following after paragraph (h):
(h.01) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);
103. Subsection 503(2) of the Act is replaced by the following:
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 referred to in paragraph 496(1)(a) or (2)(a) if its election advertising expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, are more than the spending limit set out in section 350.
104. Subsections 505(3) and (4) of the Act are replaced by the following:
Prosecution of third party — group or corporation ($50,000)
(3) A third party that is a group or corporation and that commits an offence under paragraph 496(1)(c) is liable on conviction to a fine of not more than $50,000 instead of the punishment set out in subsection 500(1).
Prosecution of third party — group or corporation ($100,000)
(4) A third party that is a group or corporation and that commits an offence under paragraph 496(2)(b) is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5).
105. The Act is amended by adding the following after section 505:
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.
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.
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.
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.
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.
2003, c. 19, s. 61
106. Sections 506 and 507 of the Act are replaced by the following:
Deregistered party — strict liability
506. (1) A deregistered political party whose chief agent commits an offence under paragraph 497(1)(e) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.
Deregistered party — offence requiring intent
(2) A deregistered political party whose chief agent commits an offence under paragraph 497(3)(c) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.
Registered party — strict liability
507. (1) A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o), (q) and (q.01) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.
Registered party — offences requiring intent
(2) A registered party whose chief agent commits an offence under any of paragraphs 497(3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.
107. Sections 506 and 507 of the Act are replaced by the following:
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.
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.
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.
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.
108. Sections 509 and 510 of the Act are replaced by the following:
Commissioner of Canada Elections
509. (1) The Commissioner of Canada Elections shall be appointed by the Director of Public Prosecutions to hold office during good behaviour for a term of seven years and may be removed by the Director of Public Prosecutions for cause.
No consultation
(2) The Director of Public Prosecutions shall not consult the Chief Electoral Officer with respect to the appointment of the Commissioner.
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;
(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) the Chief Electoral Officer, a member of his or her staff or a person whose services have been engaged under subsection 20(1); or
(e) an election officer referred to in paragraph 22(1)(a) or (b).
No re-appointment
(4) A person who has served as Commissioner is not eligible for re-appointment to that office.
Position within Office of the Director of Public Prosecutions
509.1 (1) The position of Commissioner of Canada Elections is within the Office of the Director of Public Prosecutions.
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 Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.
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 Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.
Duty
509.2 The Commissioner’s duty is to ensure that this Act is complied with and enforced.