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Bill C-83

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    (b) knowingly contravenes subsection 381(1) or (2) (ineligible person acting as chief agent, registered agent or auditor);

    (c) being a chief agent of a suspended party, wilfully contravenes paragraph 392(a) or (b) (failure to provide final return on financial transactions or election expenses and related documents);

    (d) being the chief agent of a suspended party, wilfully contravenes section 393 (failure to provide documents concerning a statement on the fair market value of assets and liabilities);

    (e) being a chief agent of a suspended party, wilfully contravenes subsection 396(2) (failure to provide statement of party's expenses or an auditor's report or a declaration concerning it);

    (f) being a chief agent of a merging registered party, wilfully contravenes section 403 (failure to provide returns on financial transactions, auditor's reports and statement of assets);

    (g) being a chief agent, wilfully contravenes subsection 423(1) (incurring excessive election expenses);

    (h) being a registered party or a third party, contravenes subsection 423(2) (colluding to circumvent spending limits of party);

    (i) being a chief agent, wilfully contravenes subsection 424(4) (failure to provide return on financial transactions);

    (j) being a registered agent, knowingly contravenes subsection 425 (failure to forward excess contributions);

    (k) being a chief agent, knowingly contravenes paragraph 427(a) (providing return containing false or misleading statement);

    (l) being a registered party, wilfully contravenes paragraph 428(1)(b) (failure to provide financial report on a trust fund);

    (m) being a chief agent, wilfully contravenes subsection 429(1) (failure to provide return on election expenses in timely manner) or knowingly contravenes paragraph 431(a) (providing false or misleading statement in general election expenses return);

    (n) contravenes subsection 438(1) (contribution or loan to candidate's electoral campaign coming from another person), not being an official agent, contravenes any of subsections 438(2) to (5) (accepting or issuing tax receipts for contributions or paying or incurring candidate's expenses) or, not being a candidate or an official agent, contravenes subsection 438(6) (paying candidate's personal expenses);

    (o) wilfully contravenes subsection 439(2) (spending more than maximum allowed for notice of nomination meetings);

    (p) being an official agent, a candidate or a person authorized under paragraph 446(c), wilfully contravenes subsection 443(1) (incurring excessive election expenses);

    (q) being an official agent, wilfully contravenes subsection 451(4) (failure to provide campaign return);

    (r) being a candidate, wilfully contravenes subsection 451(5) (failure to send electoral campaign expense declaration to agent);

    (s) being an official agent, wilfully contravenes section 452 (failure to pay value of excess contribution);

    (t) being an official agent, wilfully contravenes subsection 455(3) (failure to provide updated financial reporting documents);

    (u) being an official agent, knowingly contravenes paragraph 463(1)(a) or (b) (providing false or misleading statement in electoral campaign return or incomplete electoral campaign return);

    (v) being an official agent, knowingly contravenes subsection 472(2) or section 473 (failure to notify or to dispose of surplus electoral funds); or

    (w) being a registered agent or an electoral district association, knowingly contravenes section 476 (unauthorized or improper transfer of surplus electoral funds).

Offences under this Part (Enforcement)

Offence requiring intent - dual procedure

498. Every person who contravenes subsection 479(4) (refusal to obey order to leave polling place)is guilty of an offence.

Offences under Part 21 (General)

Strict liability offence - summary conviction

499. (1) Every person who contravenes subsection 548(1) (removal of posted election documents) is guilty of an offence.

Offences requiring intent - dual procedure

(2) Every person is guilty of an offence who

    (a) contravenes subsection 549(3) (taking false oath); or

    (b) being a candidate, contravenes section 550 (signing document that limits freedom of action in Parliament).

Punishment

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 $1,000 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 485(1), 487(1), 488(1), 489(2) and 491(2), section 493 and subsection 495(2) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.

Punishment - offences requiring intent (summary conviction)

(3) Every person who is guilty of an offence under any of subsections 484(2), 486(2), 495(3) and 497(2) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, 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 $25,000.

Punishment - offences requiring intent (dual procedure)

(5) Every person who is guilty of an offence under any of sections 481 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 $2,000 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 $5,000 or to imprisonment for a term of not more than five years, or to both.

Additional punishment - third parties

(6) Every third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded or circumvented the election advertising expense limit in question.

Alternative or additional penalties

501. When a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order direct the person to

    (a) perform community service, subject to any reasonable conditions that may be specified in the order;

    (b) compensate any other person who has suffered damages as a result of the commission of the offence;

    (c) perform any obligation the non-performance of which gave rise to the offence; or

    (d) take any other reasonable measure that the court considers appropriate to ensure compliance with this Act.

Illegal Practices and Corrupt Practices

Illegal practice

502. (1) Every person is guilty of an offence that is an illegal practice who

    (a) being a candidate or an official agent of a candidate, contravenes section 92 (publication of false statement of withdrawal of candidate);

    (b) being a candidate or an official agent, contravenes subsection 330(2) (foreign broadcasting);

    (c) being an official agent, a candidate or a person authorized under paragraph 446(c), wilfully contravenes section 443 (incurring excessive election expenses);

    (d) being a candidate or an official agent of a candidate, commits an offence under section 480 (obstructing electoral process);

    (e) being a candidate, contravenes subsection 549(3) (taking false oath); or

    (f) being a candidate, contravenes section 550 (signing of document that limits freedom of action in Parliament).

Corrupt practice

(2) Every person is guilty of an offence that is a corrupt practice who

    (a) being a candidate or an official agent of a candidate, contravenes section 7 (voting more than once);

    (b) being a candidate or an official agent of a candidate, contravenes paragraph 43(a) (obstruction of election officer);

    (c) being a candidate or an official agent of a candidate, wilfully contravenes paragraph 43(b) (impersonation of revising agent);

    (d) being a candidate or an official agent of a candidate, contravenes paragraph 56(b) (making false statement to have person deleted from Register of Electors);

    (e) being a candidate or an official agent of a candidate, contravenes paragraph 56(c) or (d) (forbidden acts re Register of Electors);

    (f) contravenes section 89 (signing of nomination paper when ineligible);

    (g) contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);

    (h) contravenes paragraph 167(1)(a) (apply for a ballot under false name); or

    (i) being a candidate or an official agent of a candidate, commits an offence under subsection 481(1) (offering bribe).

Consequen-
ces of illegal, corrupt practices

(3) Any person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled to

    (a) be elected to or sit in the House of Commons; or

    (b) hold any office in the nomination of the Crown or of the Governor in Council.

Miscellaneous Provisions

Applica-
tion - suspended parties

503. (1) A registered party that is suspended during the election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if the party, during the portion of the election period before the suspension, has spent more than the spending limit set out in section 350.

Eligible party

(2) An eligible party that, during a general election, does not become a registered party does not commit an offence referred to in paragraph 496(1)(a) or (2)(b) if its election advertising expenses, as of the day that it is informed under subsection 370(4) that it has not been registered, are more than the spending limit set out in section 350.

Limitation

(3) If subsection (1) or (2) applies, election advertising expenses incurred before the suspension or before the day referred to in subsection (2), as the case may be, shall be applied against the spending limit set out in section 350 and the party shall not incur any additional election advertising expenses.

Prosecution of registered or suspended parties

504. In the case of a prosecution brought against a registered party or a suspended party,

    (a) the registered party or suspended party is deemed to be a person; and

    (b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the registered party or suspended party, as the case may be, within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the registered party or suspended party.

Prosecution of third parties - groups

505. (1) If a third party that is a group commits an offence under section 496, the person who is responsible for the group or its financial agent commits the offence if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the offence.

Prosecution of third parties - financial agents, etc.

(2) For the purpose of a prosecution brought against a third party under section 496, the third party is deemed to be a person and any act or omission of the person who signed an application made under subsection 353(2) in respect of the third party or, in the absence of an application, the person who would have signed it, or their financial agent, within the scope of that person's or financial agent's authority, is deemed to be an act or omission of the third party.

Prosecution of third party that is a group or corporation

(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 $10,000 instead of the punishment set out in subsection 500(1).

Prosecution of third party that is a group or corporation

(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 $25,000 instead of the punishment set out in subsection 500(5).

Suspended party

506. A suspended party whose chief agent commits an offence under any of paragraphs 497(1)(e), (f) and (g) and (3)(c), (d) and (e) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

Registered party

507. A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m) and (n) and (3)(g), (i) and (j) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

Evidence

508. In a prosecution for an offence under this Act, the certificate of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.

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