GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 497.01
Strict liability offences — summary conviction 497.01 Every person is guilty of an offence who (a) being a registered party, contravenes subsection 384.2(1) or (4) (failure to publish information about regulated fundraising event); (b) being a person or entity, contravenes subsection 384.2(3) (failure to provide information about regulated fundraising event); (b.1) being a registered party, contravenes subsection 384.2(4.1) (failure to notify Chief Electoral Officer of regulated fundraising event); (c) being a registered party, contravenes subsection 384.2(5) or (7) (failure to replace old information about regulated fundraising event on its Internet site); (d) being a person or entity, contravenes subsection 384.2(6) (failure to provide new information about regulated fundraising event); (e) being a chief agent, contravenes subsection 384.3(1), (6) or (6.1) (failure to provide report on regulated fundraising event); (f) being a chief agent, contravenes subsection 384.3(3) (including prohibited name or address in report on regulated fundraising event); (g) being a person or entity, contravenes subsection 384.3(4), (4.1), (9) or (9.1) (failure to provide information about regulated fundraising event); (h) being a person or entity, contravenes subsection 384.3(5) or (10) (including prohibited name or address in information about regulated fundraising event); (i) being a chief agent, contravenes subsection 384.3(8) or (8.1) (failure to provide report on all regulated fundraising events); (j) being a chief agent, contravenes subsection 384.3(12) (including prohibited name or address in report on all regulated fundraising events); (k) 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 section 384.4 (failure to return or pay amount of contribution); or (l) being a chief agent or the leader of a registered party, contravenes subsection 384.7(3) (failure to provide corrected or revised report within 30-day period or any extension of that period). 2018, c. 20, s. 9
Canada Elections Act — E-2.01 497.1
(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) 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); (h.1) being a registered agent other than the chief agent, knowingly contravenes subsection 426(2.1) (failure to obtain written authorization to incur registered party’s expenses or incurring them contrary to authorization); (h.2) being a chief agent, knowingly contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit); (h.3) being a registered party, knowingly contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit); (h.4) being a third party, knowingly contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit); (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). 2014, c. 12, s. 99 2018, c. 31, s. 340
Canada Elections Act — E-2.01 497.2
(incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages); (b) being an electoral district association of a registered party, knowingly contravenes subsection 450(1) (incurring election expenses); (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). 2014, c. 12, s. 99 2018, c. 31, s. 341
Canada Elections Act — E-2.01 497.4
ingly 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). 2014, c. 12, s. 99 2018, c. 31, s. 343
Canada Elections Act — E-2.01 498
Strict liability offence — summary conviction 498 (1) Every chief agent of a registered party is guilty of an offence who fails to comply with a requirement of the Commissioner under section 510.001. Offence requiring intent — dual procedure (2) Every person is guilty of an offence who (a) knowingly contravenes subsection 479(4) (refusal to obey order to leave office or place); or (b) being the chief agent of a registered party, knowingly fails to comply with a requirement of the Commissioner under section 510.001. 2000, c. 9, s. 498 2018, c. 31, s. 344.1
Canada Elections Act — E-2.01 499
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) knowingly contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); or (b) being a candidate, knowingly contravenes section 550 (signing document that limits freedom of action in Parliament). 2000, c. 9, s. 499 2018, c. 31, s. 345
Canada Elections Act — E-2.01 501
 Receiver General. Liability of chief agent (6) The chief agent or specified person is liable for the remittance of the amount referred to in subsection (5). Application to registered associations (7) Subsections (4) to (6) apply to the liquidation of a registered association’s assets under subsection (2) and any reference in those subsections to “party” and “chief agent” shall be read as a reference to “registered association” and “financial agent”, respectively. 2000, c. 9, s. 501; 2004, c. 24, s. 22; 2014, c. 12, s. 101
Canada Elections Act — E-2.01 503
Deregistered parties 503 (1) A political party that is deregistered during a pre-election period does not commit an offence under paragraph 495.3(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in section 349.1. Prior expenses applied against spending limit (1.1) If subsection (1) applies, then partisan activity expenses, partisan advertising expenses and election survey expenses incurred before the deregistration shall be applied against any maximum amount set out in section 349.1 and, if the limit is exceeded, the political party shall not incur any additional partisan activity expenses, partisan advertising expenses or election survey expenses. Deregistered parties (1.2) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in section 350. 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 under paragraph 496(1)(a) or (2)(a) if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in section 350. Prior expenses applied against spending limit (3) If subsection (1.2) or (2) applies, then partisan activity expenses, election advertising expenses and election survey expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against any maximum amount set out in section 350 and, if the maximum amount is exceeded, the party shall not incur any additional partisan activity expenses, election advertising expenses or election survey expenses. 2000, c. 9, s. 503; 2003, c. 19, s. 59; 2014, c. 12, s. 103 2018, c. 31, s. 348
Canada Elections Act — E-2.01 504
Judicial proceedings and compliance agreements 504 In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association, (a) the party or association 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 party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be. 2000, c. 9, s. 504; 2001, c. 21, s. 24; 2003, c. 19, s. 60
Canada Elections Act — E-2.01 505
Prosecution of third parties — groups 505 (1) If a third party that is a group commits an offence under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, 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 — vicarious liability (2) For the purpose of a prosecution brought against a third party under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the third party is deemed to be a person and any act or omission of the person who signed the application for registration in respect of the third party — or, in the absence of an application, the person who would have signed it — or the third party’s 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 parties — groups or corporations ($50,000) (3) If a third party that is a group or corporation commits an offence under paragraph 495.3(1)(d) or 496(1)(c), the third party 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 parties — groups or corporations ($100,000) (4) If a third party that is a group or corporation commits an offence under paragraph 495.3(2)(e) or 496(2)(e), the third party is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5). 2000, c. 9, s. 505; 2014, c. 12, s. 104 2018, c. 31, s. 349
Canada Elections Act — E-2.01 505.1
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. 2014, c. 12, s. 105
Canada Elections Act — E-2.01 505.2
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. 2014, c. 12, s. 105
Canada Elections Act — E-2.01 505.3
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. 2014, c. 12, s. 105
Canada Elections Act — E-2.01 505.4
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. 2014, c. 12, s. 105
Canada Elections Act — E-2.01 506
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. 2000, c. 9, s. 506; 2003, c. 19, s. 61; 2014, c. 12, ss. 106, 107
Canada Elections Act — E-2.01 507
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. 2000, c. 9, s. 507; 2003, c. 19, s. 61; 2014, c. 12, ss. 106, 107
Canada Elections Act — E-2.01 508
Evidence 508 In a prosecution for an offence under this Act, the written statement 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.
Canada Elections Act — E-2.01 508.1
Violation 508.1 Every person or entity that contravenes section 281.3, 281.4 or 281.5 or a provision of any of Parts 16, 17 and 18 – or that fails to comply with a requirement of the Chief Electoral Officer under any of those Parts, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner — commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act. 2018, c. 31, s. 350
Canada Elections Act — E-2.01 508.2
Continuing violation 508.2 A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued. 2018, c. 31, s. 350
Canada Elections Act — E-2.01 508.3
How act or omission may be proceeded with 508.3 If an act or omission may be proceeded with as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other. 2018, c. 31, s. 350
Canada Elections Act — E-2.01 508.4
Purpose of penalty 508.4 The purpose of an administrative monetary penalty is to promote compliance with this Act, and not to punish. 2018, c. 31, s. 350
Canada Elections Act — E-2.01 508.5
Maximum amount of penalty 508.5 (1) Subject to subsection (2), the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity. Maximum — sections 363 and 367 (2) The maximum administrative monetary penalty for a violation arising from the contravention of section 363 or 367 is an amount equal to twice the amount that was contributed in contravention of that section, plus (a) $1,500, in the case of an individual who contravenes section 363 or 367; and (b) $5,000, in the case of a corporation or an entity that contravenes section 363. 2018, c. 31, s. 350
Canada Elections Act — E-2.01 508.6
Criteria for penalty 508.6 (1) The amount of an administrative monetary penalty is to be determined taking into account (a) the degree of intention or negligence on the part of the person or entity that committed the violation; (b) the harm done by the violation; (c) whether the person or entity derived any advantage from the violation; (d) whether the person or entity made reasonable efforts to mitigate or reverse the violation’s effects; (e) whether the person or entity has taken steps to avoid committing the violation in the future; (f) whether the person or entity has provided all reasonable assistance to the Commissioner with respect to the violation, including reporting it and providing any relevant information; (g) the person’s or entity’s history of compliance with the provisions of this Act; (h) the person’s or entity’s ability to pay the penalty; (i) any aggravating and mitigating circumstances; and (j) any other factor that, in the opinion of the Commissioner, is relevant. Notice (2) The Commissioner may take into account a factor under paragraph (1)(j) only if a notice that sets out the factor has been published on his or her Internet site. Consultations (3) Before publishing the notice, the Commissioner shall consult with the Chief Electoral Officer and then (a) consult with the Advisory Committee of Political Parties established by subsection 21.1(1); and (b) publish on his or her Internet site, for the purpose of public consultation, a notice that sets out the proposed factor for at least 30 days. 2018, c. 31, s. 350
Canada Elections Act — E-2.01 509
Commissioner of Canada Elections 509 (1) The Commissioner of Canada Elections shall be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, to hold office during good behaviour for a non-renewable term of 10 years and may be removed by the Chief Electoral Officer for cause. Remuneration (2) The Commissioner shall be paid the remuneration that is fixed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions. 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; or (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) and (e) [Repealed, 2018, c. 31, s. 351] No re-appointment (4) A person who has served as Commissioner is not eligible for re-appointment to that office. 2000, c. 9, s. 509; 2014, c. 12, ss. 108, 154; 2018, c. 31, s. 351
Canada Elections Act — E-2.01 509.1
Position within Office of Chief Electoral Officer 509.1 (1) The position of Commissioner of Canada Elections is within the Office of the Chief Electoral Officer. 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 Chief Electoral Officer 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 Chief Electoral Officer in which the employees referred to in section 509.3 occupy their positions. 2014, c. 12, s. 108 2018, c. 31, s. 352
Canada Elections Act — E-2.01 509.2
Duty 509.2 The Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced by taking any measure that is provided for in this Act, including by (a) conducting investigations; (b) instituting prosecutions for offences under this Act; (c) entering into compliance agreements; (d) issuing notices of violation that set out an administrative monetary penalty; or (e) accepting undertakings. 2014, c. 12, ss. 108, 157 2018, c. 31, s. 352
Canada Elections Act — E-2.01 509.21
Independence 509.21 (1) All decisions made and actions taken by the Commissioner under any provision of Part 19 are to be made or taken independently of the Chief Electoral Officer. Clarification (2) Nothing in subsection (1) precludes the Commissioner from consulting with the Chief Electoral Officer in respect of any matter if the Commissioner considers it appropriate to do so. 2018, c. 31, s. 352