Bill C-453
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1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-453
An Act to amend the Canada Elections Act (preventing and prosecuting fraudulent voice messages during election periods)
2000, c. 9
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Canada Elections Act is amended by adding the following after section 328:
Transmitting Fraudulent Messages During Election Period
Definition of “person”
328.1 For the purposes of sections 328.2 and 328.3, “person” means every person who, during an election period, causes a voice message related to the election, whether in the form of a live call or automated pre-recorded call, to be transmitted by telephone or other telecommunications devices or systems to electors or persons he or she believes are or could be electors, and includes the supervisor or manager responsible for the transmission of the messages.
Fraudulent messages
328.2 No person shall, in transmitting a voice message referred to in section 328.1, or in recording a voice message that is to form part of an automated pre-recorded message, include information that he or she knows to be false.
Personating an election officer
328.3 No person shall, in transmitting a voice message referred to in section 328.1, or in recording a voice message that is to form part of an automated pre-recorded message, falsely represent himself or herself to be an employee of Elections Canada or a person in authority in relation to the conduct of an election.
Registered party information
328.4 (1) Every registered party, candidate, third party engaging in election advertising or electoral district association that, during an election period, uses telephone or other telecommunications devices or systems for the purpose of transmitting voice messages related to the election to electors or persons they believe are or could be electors, must keep an accurate record of the following information:
(a) the name of the registered party, candidate, third party or electoral district association;
(b) the method of delivery, timing and destinations of the voice messages; and
(c) the name of any telephone or other telecommunications company, person or other entity with which they have entered into a contract for the purpose of transmitting the voice messages and the name of the supervisor or manager responsible for the transmission of the messages under the contract.
Kept for two years
(2) The information required under subsection (1) must be kept by the registered party, candidate, third party or electoral district association, as the case may be, for a minimum of two years and provided to the Chief Electoral Officer or the Commissioner of Canada Elections within four months of a request for the information from either official.
Company information
328.5 (1) Every telephone or other telecommunications company, person or other entity that has entered into a contract with a registered party, candidate, third party engaging in election advertising or electoral district association to provide telephone or other telecommunications devices or systems, during an election period, for the purpose of transmitting voice messages related to the election to electors or persons they believe are or could be electors, must provide the following information to the Chief Electoral Officer:
(a) the name of the telephone or other telecommunications company, person or other entity, and the name of the supervisor or manager responsible for the transmission of the voice messages under the contract;
(b) the method of delivery, timing and destinations of the voice messages; and
(c) the name of the registered party, candidate, third party or electoral district association with which they have entered into the contract for the purpose of transmitting the voice messages.
Information provided to Chief Electoral Officer
(2) The information required by subsection (1) must be provided by the telephone or other telecommunications company, person or other entity, as the case may be, to the Chief Electoral Officer within four months after polling day.
Application outside Canada
(3) This section applies to any telephone or other telecommunications company, person or other entity described in subsection (1), whether they are located inside or outside Canada.
Means of transmitting
328.6 (1) Sections 328.1 to 328.5 apply in respect of voice messages that are transmitted
(a) by telephone or other telecommunications system, whether alone or in conjunction with other communications technology; and
(b) by live calls or automated pre-recorded calls.
Attempts to transmit
(2) Sections 328.2 and 328.3 apply whether or not the transmission is successfully completed.
2. Section 495 of the Act is amended by adding the following after subsection (5):
Offences re transmitting messages
(5.1) Every person is guilty of an offence who contravenes
(a) section 328.2 (fraudulent messages);
(b) section 328.3 (personating an election officer);
(c) section 328.4 (registered party information); or
(d) section 328.5 (company information).
Criminal Code offences
(5.2) For greater certainty, the following sections of the Criminal Code apply in respect of any person who participates in any action relating to the transmission of messages contrary to section 328.2 or 328.3:
(a) section 21 (parties to offence);
(b) section 22 (person counselling offence);
(c) section 23 (accessory after the fact);
(d) section 24 (attempts);
(e) section 463 (attempts, accessories);
(f) section 464 (counselling offence that is not committed); and
(g) section 465 (conspiracy).
3. Section 500 of the Act is amended by adding the following after subsection (5):
Offences re transmitting messages
(5.1) Every person who is guilty of an offence
(a) under paragraph 495(5.1)(a) is liable
(i) on summary conviction, to a fine of not more than $100,000, or
(ii) on conviction on indictment, to a fine of not more than $500,000;
(b) under paragraph 495(5.1)(b) is liable
(i) on summary conviction, to a fine of not more than $100,000, or
(ii) on conviction on indictment, to a fine of not more than $500,000; and
(c) under paragraph 495(5.1)(c) or (d) is liable
(i) on summary conviction, to a fine of not more than $50,000, or
(ii) on conviction on indictment, to a fine of not more than $100,000.
Registered party
(5.2) A registered party that participates in an offence under any of sections 21, 22, 23, 24, 463, 464 or 465 of the Criminal Code in relation to the transmission of messages contrary to section 328.2 or 328.3 is guilty of an offence and liable on conviction to a fine not exceeding $500,000.
Other legal entity
(5.3) A corporation or any other entity with legal personality that participates in an offence under any of sections 21, 22, 23, 24, 463, 464 or 465 of the Criminal Code in relation to the transmission of messages contrary to section 328.2 or 328.3 is guilty of an offence and liable on conviction to a fine not exceeding $500,000.
4. (1) Subsection 502(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after paragraph (f):
(g) being a candidate or an official agent of a candidate, contravenes section 328.2 (fraud- ulent messages); or
(h) being a candidate or an official agent of a candidate, contravenes section 328.3 (person- ating an election officer).
(2) Subsection 502(2) of the Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):
(j) being an officer of a registered party, contravenes section 328.3 (personating an election officer).
Published under authority of the Speaker of the House of Commons