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Bill C-407

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2nd Session, 35th Parliament,
45-46 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-407

An Act to amend the Canada Elections Act

R.S., c. E-2; R.S., c. 27 (2nd Suppl.); 1989, c. 28; 1990, cc. 16, 17; 1991, cc. 11, 47; 1992, cc. 1, 21, 51; 1993, cc. 19, 28; 1994, c. 26; 1995, c. 5; 1996, cc. 26, 35

      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 249:

Prohibition regarding contributions

249.1 (1) No employer shall

    (a) require an employee of the employer to make a contribution to a registered political party or to a candidate;

    (b) by intimidation or duress, compel or induce an employee of the employer to make a contribution to a registered political party or to a candidate;

    (c) give or offer or promise to give a bonus or other benefit to an employee of the employer where the employer makes the giving, offer or promise of the bonus or benefit in any way dependent on the employee making or having made, as the case may be, a contribution to a registered political party or to a candidate; or

    (d) deliberately convey to an employee of the employer, either directly or indirectly, that a bonus or other benefit is being given, offered or promised by the employer to the employee on the understanding or with the expectation that the employee will make a contribution to a registered political party or to a candidate.

Offence

(2) Every employer who contravenes subsection (1), and every employee who accepts or agrees to accept a bonus or other benefit that is the subject of an offence committed under paragraph (1)(c) or (d), is, subject to subsection (3), guilty of an offence.

Exception

(3) It is a defence to a charge under subsection (2), in respect of an employee, that the employee was, by intimidation or duress, compelled or induced by the employee's employer to make a contribution to a registered political party or to a candidate, as the case may be.

Liability of candidate and registered political party

(4) Every candidate and every registered political party that encourages an employer to commit an offence under this section, or that accepts a contribution knowing that it is the subject of an offence committed under this section, is guilty of an offence.

Definitions

(5) In this section,

``candidate''
« candidat »

``candidate'' includes any person acting on behalf of a candidate;

``contribu-
tion''
« contribu-
tion
»

``contribution'' includes a donation;

``employer''
« employeur »

``employer'' includes any person acting on behalf of an employer;

``registered political party''
« parti politique enregistré »

``registered political party'' includes any person acting on behalf of such a party.