GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 509.22
Power to take measures 509.22 The Commissioner, if he or she considers it to be in the public interest, may take any measures, including incurring any expenses, when exercising or performing any of his or her powers, duties and functions under this Part. 2018, c. 31, s. 352
Canada Elections Act — E-2.01 509.23
Delegation 509.23 The Commissioner may delegate to any member of his or her staff, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties or functions that relate to the issuance of notices of violation or the acceptance of undertakings under this Part. 2018, c. 31, s. 352
Canada Elections Act — E-2.01 509.3
Employees 509.3 (1) The employees necessary for the Commissioner to exercise or perform his or her powers, duties and functions under this Act are to be appointed in accordance with the Public Service Employment Act . Casual employees, etc. (2) Any additional employees that the Commissioner considers necessary for the exercise or performance of his or her powers, duties and functions under this Act may be appointed for a specified term or on a casual basis in accordance with the Public Service Employment Act . 2014, c. 12, s. 108
Canada Elections Act — E-2.01 509.4
Technical assistance 509.4 The Commissioner may engage on a temporary basis investigators or persons having technical or specialized knowledge to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this Act. 2014, c. 12, s. 108
Canada Elections Act — E-2.01 509.5
Authorization to assist 509.5 The Commissioner may authorize a person employed in the Office of the Chief Electoral Officer to assist the Commissioner in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.1(2) and (3) and in the exercise of his or her power under section 509.4, subject to the terms and conditions that the Commissioner sets. 2014, c. 12, s. 108 2018, c. 31, s. 353
Canada Elections Act — E-2.01 509.6
Amounts to be paid out of C.R.F. 509.6 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Chief Electoral Officer: (a) the remuneration paid to the Commissioner or to a person employed under subsection 509.3(2) and any additional remuneration paid to employees referred to in subsection 509.3(1) for overtime work to enable the Commissioner to exercise or perform his or her powers, duties and functions under this Act; and (b) any expenses incurred by, on behalf of or in relation to the Commissioner under any other provision of this Part. 2014, c. 12, s. 108 2018, c. 31, s. 354
Canada Elections Act — E-2.01 510
Investigation by Commissioner 510 (1) The Commissioner, on his or her own initiative or in response to a complaint, may conduct an investigation. Notice (2) As soon as feasible after beginning an investigation, the Commissioner shall give written notice of the investigation to the person whose conduct is being investigated. The notice is not to be given if, in the Commissioner’s opinion, to do so might compromise or hinder the investigation or any other investigation. Public officer — Criminal Code (3) For the purposes of Part XV of the Criminal Code , any person who is charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer. 2000, c. 9, s. 510; 2014, c. 12, s. 108 2018, c. 31, s. 356
Canada Elections Act — E-2.01 510.001
Election expenses return — supporting documents 510.001 In the course of conducting an investigation under section 510 in response to a complaint, the Commissioner may require the chief agent of a registered party to provide by a specified date documents evidencing any expense set out in the party’s election expenses return, including bank statements, deposit slips and cancelled cheques. 2018, c. 31, s. 357
Canada Elections Act — E-2.01 510.02
Witness competent and compellable 510.02 (1) An individual who is the subject of an order under paragraph 510.01(1)(a) is competent and may be compelled to give evidence. No individual excused from complying with order (2) No individual shall be excused from complying with an order that is made under subsection 510.01(1) on the ground that the testimony or written return required of the individual may tend to incriminate the individual or subject them to any proceeding or penalty. Attendance of individual whose conduct is being investigated (3) An individual whose conduct is being investigated during an examination conducted under an order under paragraph 510.01(1)(a), and their counsel, may attend the examination unless the Commissioner or the authorized representative, or the individual being examined, establishes to the satisfaction of the presiding officer that the presence of the individual whose conduct is being investigated would be prejudicial to the effective conduct of the examination or the investigation. Exception (4) Subsection (3) does not apply in respect of an examination conducted under an order that was issued ex parte . Testimony, evidence and return not receivable (5) Subject to subsection (6), no testimony given by an individual under an order made under paragraph 510.01(1)(a), or written return made by an individual under an order made under paragraph 510.01(1)(b), and no evidence derived from the testimony or written return, shall be used or received against that individual in any civil or criminal proceedings instituted against them, other than a prosecution for an offence under section 482.1 of this Act or section 132 or 136 of the Criminal Code . Part XV of the Criminal Code (6) Information contained in the testimony or written return referred to in subsection (5) and information derived from such information may be used in an application under Part XV of the Criminal Code . Fees (7) An individual who is the subject of an order made under paragraph 510.01(1)(a) is entitled to the fees and allowances for so doing as if they were summoned to attend before a superior court of the province in which the individual is summoned to attend. Representation by counsel (8) A presiding officer shall permit an individual who is being examined under an order made under paragraph 510.01(1)(a) to be represented by counsel. 2018, c. 31, s. 357
Canada Elections Act — E-2.01 510.03
Presiding officer 510.03 (1) Any individual who is a barrister or advocate of at least ten years standing at the bar of a province, or who has been a barrister or advocate at the bar of a province for at least ten years, may be designated as a presiding officer. Remuneration and expenses (2) A presiding officer is to be paid the remuneration fixed in the order designating them as such, and is entitled to be paid the travel and living expenses, incurred in the performance of their duties under this Act, in accordance with Treasury Board directives. 2018, c. 31, s. 357
Canada Elections Act — E-2.01 510.04
Administration of oaths 510.04 (1) The presiding officer may administer oaths for the purpose of examinations conducted under an order made under paragraph 510.01(1)(a). Orders of presiding officer (2) A presiding officer may make any order that they consider to be proper for the conduct of an examination under an order made under paragraph 510.01(1)(a). Examination to be in private (3) The examination before the presiding officer shall be conducted in private. Application to judge (4) A judge may, on application by a presiding officer, order any individual to comply with an order made by the presiding officer under subsection (2). Notice (5) No order may be made under subsection (4) unless the presiding officer has given the individual in respect of whom the order is sought and the Commissioner 24 hours’ notice of the hearing of the application for the order, or any shorter notice that the judge to whom the application is made considers reasonable. 2018, c. 31, s. 357
Canada Elections Act — E-2.01 510.1
Confidentiality 510.1 (1) Subject to subsection (2), neither the Commissioner nor any person acting under his or her direction shall disclose any information relating to an investigation that comes to their knowledge in the exercise of their powers or the performance of their duties and functions under this Act, including information that reveals or from which may be inferred the name of the complainant, if any, the person whose conduct is being investigated or any witness. Disclosure authorized (2) The Commissioner may disclose or may authorize any person acting under his or her direction to disclose (a) with the consent of the person in question, the name of any of the following: the complainant, if any, the person whose conduct is being investigated and any witness; (b) information that, in the Commissioner’s opinion, is necessary to carry out an investigation; (c) when a prosecution has been instituted under subsection 511(1), information that the Director of Public Prosecutions requires; (c.1) when a review by the Chief Electoral Officer is requested under section 521.14, information that the Chief Elector Officer requires; (d) information that is required to be disclosed in the course of a prosecution for an offence under this Act; (d.1) information that is required to be disclosed in the course of an application for judicial review in respect of a decision taken under this Act; (e) information that is required to be disclosed under any other Act of Parliament; (f) information that, in the Commissioner’s opinion, is necessary in order to enter into or renegotiate a compliance agreement; (f.1) information that, in the Commissioner’s opinion, is necessary in order for a person or entity to provide an undertaking; and (g) information whose disclosure is, in the Commissioner’s opinion, in the public interest. Public interest (3) For the purposes of paragraph (2)(g), the Commissioner shall take into consideration the effects of disclosure on (a) the privacy rights of any person who is the subject of the disclosure; (b) the right of the person under investigation to be presumed innocent until proved guilty according to law; and (c) public confidence in the fairness of the electoral process. 2014, c. 12, s. 108 2018, c. 31, s. 358
Canada Elections Act — E-2.01 511
Commissioner may institute a prosecution 511 (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may institute a prosecution or cause one to be instituted. Information (2) A prosecution for an offence under this Act is instituted by the laying of an information in writing and under oath before a justice, as defined in section 2 of the Criminal Code . 2000, c. 9, s. 511; 2003, c. 19, s. 62; 2006, c. 9, s. 130 2018, c. 31, s. 360
Canada Elections Act — E-2.01 512
Director’s consent required 512 (1) No prosecution for an offence under this Act may be instituted by a person, other than the Commissioner or a person acting under his or her direction, without the prior written consent of the Director of Public Prosecutions provided after consultation with the Commissioner. Exception (2) Subsection (1) does not apply to an offence in relation to which an election officer has taken measures under subsection 479(3). Proof of consent (3) Every document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty. 2000, c. 9, s. 512; 2006, c. 9, s. 131 2018, c. 31, s. 361
Canada Elections Act — E-2.01 514
Limitation period 514 (1) Proceedings in respect of an offence under a provision set out in subsection 500(1) may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose. Exception (2) Despite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender’s return. No limitation period (3) Proceedings in respect of an offence under a provision set out in any of subsections 500(2) to (5) may be commenced at any time. 2000, c. 9, s. 514; 2003, c. 19, s. 63; 2006, c. 9, s. 59; 2014, c. 12, s. 109
Canada Elections Act — E-2.01 515
Allowance of costs 515 (1) Any court of criminal jurisdiction before which a private prosecution is instituted for an offence against this Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution. Prior recognizance required (2) A court shall not make an order under subsection (1) unless the prosecutor, before or on the laying of the information, enters into a recognizance with two sufficient sureties, in the amount of $500, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant’s costs in case of acquittal. Costs of defendant (3) In case of an information by a private prosecutor for an offence against this Act, if judgment is given for the defendant, the defendant is entitled to recover from the prosecutor the costs incurred by the defendant by reason of the proceedings, which costs shall be taxed by the proper officer of the court in which the judgment is given.
Canada Elections Act — E-2.01 516
Application for injunction 516 (1) If the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, the Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to a competent court described in subsection 525(1) for an injunction described in subsection (2). Injunction (2) If the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following: (a) refrain from committing any act that it appears to the court is contrary to this Act; and (b) do any act that it appears to the court is required by this Act. Notice (3) No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
Canada Elections Act — E-2.01 517
Power to enter into compliance agreement 517 (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person or entity has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with the person or entity (in this section and sections 518 to 521 called the “contracting party”). Terms and conditions (2) A compliance agreement may contain any terms and conditions that the Commissioner considers necessary, including a requirement that the contracting party pay a specified amount. Obligations of Commissioner (3) Before entering into a compliance agreement, the Commissioner shall (a) advise the prospective contracting party of the right to be represented by counsel and give it an opportunity to obtain counsel; and (b) obtain the consent of the prospective contracting party to the publication of the agreement under section 521. Admission of responsibility (4) A compliance agreement may include a statement by the contracting party in which it admits responsibility for the act or omission that constitutes the offence. Inadmissible in evidence (5) The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings. (6) [Repealed, 2018, c. 31, s. 363] Remittal of matter despite institution of prosecution (7) If a prosecution has been instituted, the Director of Public Prosecutions may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — suspend the prosecution and remit the matter back to the Commissioner so that it may be dealt with in that way. Effect of compliance agreement (8) When a compliance agreement is entered into, (a) no prosecution may be instituted against the contracting party for an act or omission that led to the agreement unless there is non-compliance with it; and (b) any prosecution of the contracting party instituted before the agreement was entered into for an act or omission that led to the agreement is suspended unless there is non-compliance with the agreement. Renegotiation (9) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed. Copy (10) The Commissioner shall provide the contracting party with a copy of the compliance agreement, without delay after it is entered into or renegotiated under subsection (9). The Commissioner shall also provide a copy of the compliance agreement to the Director of Public Prosecutions if a prosecution of the contracting party had been instituted before the agreement was entered into. 2000, c. 9, s. 517; 2001, c. 21, s. 25(E); 2006, c. 9, s. 133 2018, c. 31, s. 363
Canada Elections Act — E-2.01 518
If agreement complied with 518 (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party. The Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution of the contracting party for an act or omission that led to the agreement had been instituted before the agreement was entered into. Effect of service (2) Service of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the institution of any prosecution of the contracting party for the act or omission. 2000, c. 9, s. 518; 2006, c. 9, s. 134 2018, c. 31, s. 364
Canada Elections Act — E-2.01 519
If agreement not complied with 519 (1) If the Commissioner is of the opinion that a contracting party has not complied with a provision of a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing it that, as the case may be, (a) a notice of violation may be served on the contracting party as a result of the failure to comply with the provision of the compliance agreement; (b) a prosecution may be instituted against the contracting party in respect of any act or omission that led to the agreement; or (c) if a prosecution in respect of any act or omission that led to the agreement was suspended by virtue of subsection 517(8), it may be resumed. Copy to Director of Public Prosecutions (2) The Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution in respect of any act or omission that led to the agreement had been instituted before the agreement was entered into. 2000, c. 9, s. 519; 2006, c. 9, s. 134 2018, c. 31, s. 364
Canada Elections Act — E-2.01 520
Dismissal of proceedings 520 The court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that the contracting party has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party’s performance with respect to the agreement, is of the opinion that the proceedings would be unfair. 2000, c. 9, s. 520 2018, c. 31, s. 364
Canada Elections Act — E-2.01 521
Publication 521 The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and the text of the compliance agreement, other than the signatures of the individuals who signed it. 2000, c. 9, s. 521; 2014, c. 12, s. 110 2018, c. 31, s. 364
Canada Elections Act — E-2.01 521.11
Issuance of notice of violation 521.11 (1) If the Commissioner believes on reasonable grounds that a person or entity has committed a violation, the Commissioner may issue, and shall cause to be served on the person or entity, a notice of violation that (a) sets out the person or entity’s name; (b) identifies the provision of this Act that was contravened or the requirement, or the provision of the compliance agreement or undertaking, that was not complied with; (c) identifies the act or omission to which the violation relates; (d) sets out the amount of the administrative monetary penalty for the violation; (e) sets out the particulars concerning the manner of payment; (f) informs the person or entity of their right to request a review by the Chief Electoral Officer or the Commissioner, as the case may be, of the alleged violation or proposed penalty, and sets out the manner for doing so; (g) informs the person or entity that if they provide an undertaking that is accepted by the Commissioner, the proceedings commenced by the notice will be ended; and (h) informs the person or entity of the consequences of failing to pay the penalty, request a review or provide the Commissioner with an undertaking. Approval of manner of requesting review (2) The manner for requesting a review by the Chief Electoral Officer that is set out in the notice of violation requires the Chief Electoral Officer’s prior approval. Correction or cancellation of notice of violation (3) At any time before a request for a review in respect of the notice of violation is received by the Chief Electoral Officer or the Commissioner, as the case may be, the Commissioner may cancel the notice of violation or correct an error in it. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.12
Limitation period or prescription 521.12 (1) No notice of violation may be issued after the expiry of five years after the day on which the Commissioner becomes aware of the act or omission to which the alleged violation relates nor, in any case, later than 10 years after the day on which the act or omission occurred. Certification by Commissioner (2) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the act or omission that constitutes the alleged violation, is admissible in evidence without proof of the signature or official character of the individual appearing to have signed it and, in the absence of evidence to the contrary, is proof that the Commissioner became aware of the act or omission on that day. 2018, c. 31, s. 365