Bill C-83

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First Reading

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Period for disposal of surplus electoral funds	473. (1) An official agent of a candidate shall dispose of a surplus of electoral funds within 60 days after receiving the notice of estimated surplus.
Remittance of surplus	(2) Surplus electoral funds must be remitted
	(a) in the case of a candidate who was endorsed by a registered party, to the registered party or to an electoral district association of that registered party in the candidate's electoral district; or
	(b) in any other case, to the Receiver General.
Notice of disposal of surplus	474. (1) An official agent of a candidate who disposes of the candidate's surplus electoral funds shall, within seven days after the disposal and in the prescribed form, notify the Chief Electoral Officer of the amount of the disposal, to whom the surplus was remitted and the date of the disposal.
Publication	(2) As soon as practicable after the disposal of a candidate's surplus electoral funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1).
Requisition for repayment	475. (1) An official agent of a candidate who has disposed of a candidate's surplus electoral funds by remitting them to the Receiver General under paragraph 473(2)(b) and who is subsequently directed or ordered to pay an expense for the candidate's electoral campaign may apply to the Chief Electoral Officer for a request for repayment of those surplus funds to the official agent of an amount that is not more than the lesser of
	(a) the surplus electoral funds that the official agent remitted to the Receiver General, and
	(b) the amount of the subsequent payment.
Repayment	(2) On receipt of a request for repayment from the Chief Electoral Officer, the Receiver General shall pay the amount specified in it to the official agent out of the Consolidated Revenue Fund.
Prohibition - transfers of surplus	476. No registered agent of a registered party and no electoral district association of a registered party shall, after polling day, transfer contributions, other than
	(a) for the purpose of paying claims that have been declared as unpaid in a candidate's electoral campaign return; or
	(b) any transfer that the Chief Electoral Officer or a court authorizes under this Part.
	Supply and Use of Forms
Prescribed forms - Income Tax Act	477. A candidate and his or her official agent shall use the prescribed forms for official receipts to contributors for the purpose of subsection 127(3) of the Income Tax Act.
Provision of forms to candidates	478. (1) A returning officer in an electoral district shall provide candidates in the electoral district with the number of copies of prescribed forms that he or she considers necessary to satisfy the candidates' requirements.
Return of unused forms	(2) A candidate or his or her official agent who is in receipt of a prescribed form for the purpose of subsection 127(3) of the Income Tax Act that is not used to provide an income tax receipt from the candidate during the election shall, within a month after polling day, return the unused form to the returning officer who forwarded it to them.
Designated forms	(3) The Chief Electoral Officer may designate forms that are to be provided under subsection (1) only to the official agent of a candidate whose nomination has been confirmed under subsection 71(1).
	PART 19
	ENFORCEMENT
	Peace and Good Order at Elections
Duty of returning officer to maintain order	479. (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.
Duty of other election officers to maintain order	(2) Every deputy returning officer, central poll supervisor and person appointed under paragraph 124(1)(b) is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.
Order to leave, arrest without warrant	(3) In performing their duty under subsection (1), the returning officer, or under subsection (2), the deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b), may, if a person is committing, in the returning officer's office or other place where the vote is taking place, as the case may be, the offence referred to in paragraph 5(a), section 7 or paragraph 167(1)(a) or an offence under this Act or any other Act of Parliament that threatens the maintenance of order in that office or place, or if the officer, supervisor or appointed person believes on reasonable grounds that a person has committed such an offence in such a place, do one or both of the following:
	(a) order the person to leave the place where voting is taking place; and
	(b) arrest the person without warrant.
Failure to obey order	(4) Every person who does not obey an order given under paragraph (3)(a) without delay is guilty of an offence.
Power to eject	(5) If an order made under paragraph (3)(a) is not obeyed without delay, the person who made the order may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the place where voting is taking place.
After arrest	(6) The officer, supervisor or appointed person who arrests a person under paragraph (3)(b) shall without delay
	(a) advise the person of the right to be represented by counsel and give the person an opportunity to obtain counsel; and
	(b) deliver the person to a peace officer to be dealt with in accordance with the Criminal Code.
Removal of materials	(7) Where a returning officer, deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b) believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer, supervisor or appointed person may cause to be removed from, in the case of a returning officer, their office or, in the case of a deputy returning officer, central poll supervisor or appointed person, the polling station, any material that they believe on reasonable grounds was used in contravention of that paragraph.
Peace officer protection	(8) Every election officer has, while performing their duties under this section, all the protection that a peace officer has by law.
	Offences
	General Provisions
Obstruction, etc., of electoral process	480. (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2), section 481 or 482 or contravening a provision referred to in any of sections 483 to 499.
Public meetings	(2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.
Offering bribe	481. (1) Every person is guilty of an offence who, during an election period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate.
Accepting bribe	(2) Every elector is guilty of an offence who, during an election period, accepts or agrees to accept a bribe that is offered in the circumstances described in subsection (1).
Intimidation, etc.	482. Every person is guilty of an offence who
	(a) by intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election; or
	(b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate at an election.
	Offences under Part 1 (Electoral Rights)
Offences requiring intent - dual procedure	483. Every person is guilty of an offence who contravenes
	(a) paragraph 5(a) (voting when not qualified or entitled) or 5(b) (inducing a person not qualified or entitled to vote, to vote); or
	(b) section 7 (voting more than once).
	Offences under Part 3 (Election Officers)
Strict liability offences - summary conviction	484. (1) Every former election officer who contravenes paragraph 43(c) (failure to return election documents and election materials) is guilty of an offence.
Offences requiring intent - summary conviction	(2) Every person is guilty of an offence who, being a returning officer, wilfully contravenes subsection 24(3) (failure to take necessary election proceedings).
Offences requiring intent - dual procedure	(3) Every person is guilty of an offence who
	(a) contravenes subsection 22(6) (acting as election officer knowing requirements not met);
	(b) knowingly contravenes subsection 23(2) (disclosure of information for unauthorized purpose);
	(c) being a returning officer, contravenes subsection 24(6) (engaging in politically partisan conduct);
	(d) being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity);
	(e) contravenes paragraph 43(a) (obstruction of election officer) or wilfully contravenes paragraph 43(b) (impersonation of revising agent); or
	(f) being a former election officer, wilfully contravenes paragraph 43(c) (failure to return election documents and election materials).
	Offences under Part 4 (Register of Electors)
Offences requiring intent - summary conviction	485. (1) Every person who contravenes paragraph 56(e) (unauthorized use of personal information contained in Register of Electors) is guilty of an offence.
Offences requiring intent - dual procedure	(2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors) is guilty of an offence.
	Offences under Part 6 (Candidates)
Strict liability offences - summary conviction	486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor) or section 87 (failure to appoint a replacement official agent or auditor) is guilty of an offence.
Offences requiring intent - summary conviction	(2) Every person who contravenes section 81 (refusal to give candidates, etc., access to building) is guilty of an offence.
Offences requiring intent - dual procedure	(3) Every person is guilty of an offence who
	(a) contravenes section 89 (signing of nomination paper when ineligible);
	(b) knowingly contravenes subsection 90(1) or (2) (ineligible person acting as an official agent or auditor);
	(c) contravenes section 91 (making false statement re candidate); or
	(d) contravenes section 92 (publication of false statement of withdrawal of candidate).
	Offences under Part 7 (Revision of List of Electors)
Offences requiring intent - summary conviction	487. (1) Every person who contravenes paragraph 111(b) or (c) (applying improperly to be included on list of electors) or 111(f) (unauthorized use of personal information contained in list of electors) is guilty of an offence.
Offences requiring intent - dual procedure	(2) Every person who contravenes paragraph 111(a), (d) or (e) (forbidden acts re lists of electors) is guilty of an offence.
	Offences under Part 8 (Preparation for the Vote)
Offences requiring intent - summary conviction	488. (1) Every person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.
Offences requiring intent - dual procedure	(2) Every person is guilty of an offence who
	(a) being a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to provide ballots or return extra ballot paper); or
	(b) contravenes paragraph 126(a) (forgery of ballot), 126(c) (printing of ballot with intent to influence vote) or 126(d) (manufacture, etc., of ballot box with secret compartment).
	Offences under Part 9 (Voting)
Strict liability offences - summary conviction	489. (1) Every person is guilty of an offence who contravenes
	(a) being an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees' wages for time given to vote);
	(b) section 165 (prohibited use of loudspeaker); or
	(c) paragraph 166(1)(b) (wearing of emblems, etc., in polling station).
Offences requiring intent - summary conviction	(2) Every person is guilty of an offence who
	(a) contravenes subsection 155(2) (assisting more than one elector to mark ballot);
	(b) being an elector, contravenes subsection 164(2) (failure to maintain secrecy); or
	(c) contravenes paragraph 166(1)(a) (display of campaign literature in polling place).
Offences requiring intent - dual procedure	(3) Every person is guilty of an offence who
	(a) being an employer, contravenes section 134 (preventing employee from using voting time);
	(b) being a friend or relative of an elector, wilfully contravenes subsection 155(4) (disclosing for whom elector voted);
	(c) being a candidate, an election officer or a representative of a candidate, contravenes subsection 164(1) (failure to maintain secrecy);
	(d) contravenes paragraph 166(1)(c) (influencing vote in polling station);
	(e) contravenes any of paragraphs 167(1)(a) to (d) (prohibited acts re ballots) or 167(2)(a) to (d) (prohibited acts re ballots or ballot box with intent to influence vote);

Bill C-83

PART 19

ENFORCEMENT

Peace and Good Order at Elections

Offences