GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 521.13
Provision of undertaking 521.13 (1) If a person or entity has committed a violation, they may provide the Commissioner with an undertaking in writing that is aimed at ensuring compliance with this Act. When undertaking may be provided (2) If a notice of violation has been served on a person or entity, an undertaking in relation to an act or omission to which the notice relates may be provided at any time before the person or entity is deemed to have committed the violation to which the notice relates. Contents (3) The Commissioner may accept the undertaking only if the undertaking (a) identifies, as the case may be, (i) the provision of this Act that was contravened, (ii) the requirement of the Chief Electoral Officer that was not complied with, or (iii) if the undertaking relates to the failure to comply with a provision of a compliance agreement or another undertaking, the provision of the compliance agreement or other undertaking that was not complied with; (b) identifies the act or omission to which the contravention or the failure to comply relates; and (c) contains the terms and conditions that the Commissioner considers appropriate, including a requirement that the person or entity pay an amount that is specified in the undertaking in the time and manner set out in the undertaking. Obligation of Commissioner (4) Before accepting the person’s or entity’s undertaking, the Commissioner shall inform them of the Commissioner’s obligation to publish a notice under subsection 521.34(2). 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.14
Request for review 521.14 Instead of paying the amount of the administrative monetary penalty set out in the notice of violation, the person or entity named in the notice of violation may, within 30 days after the day on which the notice of violation is served — or within 30 days after the day on which they are served with a notice informing them that their undertaking has not been accepted — and in the manner specified in the notice of violation (a) request a review by the Commissioner with respect to the alleged violation or the penalty, or both, if the amount of the penalty is (i) $500 or less, in the case of a notice of violation that was issued to an individual, or (ii) $1500 or less, in the case of a notice of violation that was issued to a corporation or an entity; or (b) request a review by the Chief Electoral Officer with respect to the alleged violation or the penalty, or both, if the amount of the penalty is (i) more than $500, in the case of a notice of violation that was issued to an individual, or (ii) more than $1500, in the case of a notice of violation that was issued to a corporation or an entity. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.15
Decision 521.15 (1) If a review is requested under section 521.14, the Chief Electoral Officer or the Commissioner, as the case may be, shall do one or more of the following: (a) determine, on a balance of probabilities, whether the person or entity committed the violation; (b) confirm or reduce the amount of the administrative monetary penalty; or (c) determine that there should be no administrative monetary penalty in respect of the violation. Written evidence and submissions (2) The Chief Electoral Officer or the Commissioner, as the case may be, is to consider only written evidence and written submissions when making a decision under subsection (1). Service of decision (3) The Chief Electoral Officer or the Commissioner, as the case may be, shall cause a copy of any decision made under subsection (1) to be served on the person or entity that requested the review. The Chief Electoral Officer shall also cause a copy of any decision he or she makes under subsection (1) to be given to the Commissioner. Violation not committed — effect (4) If the Chief Electoral Officer or the Commissioner, as the case may be, determines under subsection (1) that the person or entity that requested the review did not commit the violation, the proceedings commenced in respect of it are ended. Liability to pay (5) The person or entity that requested the review is liable to pay, within 30 days after the day on which they were served with the copy of the decision and in the manner specified in the notice of violation, (a) the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision; or (b) the reduced amount of the administrative monetary penalty set out in the decision. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.16
Payment of penalty — notice of violation 521.16 (1) If, within 30 days after the day on which they were served with a notice of violation, the person or entity named in the notice pays, in the manner specified in the notice, the amount of the administrative monetary penalty set out in the notice, (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; and (c) the proceedings commenced in respect of the violation are ended. Payment of penalty — review decision (2) If, within 30 days after the day on which they were served with the copy of a decision under subsection 521.15(3), the person or entity pays, in the manner specified in the notice of violation to which the decision relates, the amount of the administrative monetary penalty for which they are liable under subsection 521.15(5), (a) they are deemed to have committed the violation in respect of which the amount is paid; (b) the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; and (c) the proceedings commenced in respect of the violation are ended. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.17
Undertaking accepted before service of notice of violation 521.17 (1) If the Commissioner accepts the person’s or entity’s undertaking without a notice of violation having been served on them in connection with an act or omission referred to in the undertaking, no notice of violation may be served on them in connection with an act or omission referred to in the undertaking. Undertaking accepted after service of notice of violation (2) If the Commissioner accepts the person or entity’s undertaking after a notice of violation has been served on them in connection with an act or omission referred to in the undertaking, the proceeding that was commenced by the notice of violation, including any review requested under section 521.14, is ended. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.18
No action after notice of violation served 521.18 If the person or entity named in the notice of violation fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice: (a) pay the administrative monetary penalty set out in the notice in the manner specified in the notice; (b) exercise their right to request a review in the manner specified in the notice; or (c) provide the Commissioner with an undertaking. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.19
No action taken after undertaking not accepted 521.19 If the person or entity named in the notice informing them that their undertaking has not been accepted fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice: (a) pay the administrative monetary penalty set out in the notice in the manner specified in the notice; or (b) exercise their right to request a review in the manner specified in the notice. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.2
Failure to pay after review decision 521.2 If the person or entity does not pay the amount referred to in paragraph 521.15(5)(a) or (b) in the manner specified in the notice of violation to which the decision relates within 30 days after the day on which they are served with the copy of the decision under subsection 521.15(3), they are deemed to have committed the violation identified in the notice of violation. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.21
Service — Chief Electoral Officer 521.21 (1) Service of a copy of a decision of the Chief Electoral Officer must be made in the manner set out on the Chief Electoral Officer’s Internet site. Service — Commissioner (2) Service of the following documents must be made in the manner set out on the Commissioner’s Internet site: (a) a notice of violation; (b) a copy of the Commissioner’s decision under section 521.15; and (c) a notice informing a person or entity that their undertaking has not been accepted by the Commissioner. Day of service (3) The day of service of a document referred to in subsection (1) or (2) is (a) if it is left with an individual, the day on which it is left with them; (b) if it is sent by registered mail, the 10th day after the date indicated in the receipt issued by a post office; (c) if it is sent by courier, the 10th day after the date indicated in the courier’s receipt issued to the sender; and (d) if it is sent by electronic means, the day on which it is sent. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.22
Request for review 521.22 (1) A person or entity that is served with a notice of violation may make a request for a review referred to in the notice by delivering the request by hand or by sending it by registered mail, courier or electronic means to a person and place specified in the notice. Day of request (2) If a person or entity makes the request, the day on which it is made is (a) if it is delivered by hand, the day on which the request is delivered to the authorized recipient; (b) if it is sent by registered mail or courier, the earlier of the day on which it is received by the authorized recipient and the day indicated in the receipt given to the sender by a post office or courier; and (c) if it is sent by electronic means, the day on which it is sent. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.23
Due diligence defence available 521.23 The Chief Electoral Officer and the Commissioner are not to determine that a person or entity has committed a violation if the person or entity establishes that they exercised due diligence to prevent its commission. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.24
Common law principles 521.24 Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for any offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.25
Deregistered parties 521.25 (1) A political party that is deregistered during a pre-election period does not commit a violation arising from the contravention of any of subsections 349.1(1) to (3) or 349.2 if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 349.1(1) to (3), as the case may be. Deregistered parties (2) A political party that is deregistered during an election period does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 350(1) to (4), as the case may be. Eligible party (3) An eligible party that does not become a registered party during the election period of a general election does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 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 any of subsections 350(1) to (4), as the case may be. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.26
Evidence 521.26 In any proceeding in respect of a violation, a notice of violation or a copy of the decision purporting to be served under this Part is admissible in evidence without proof of the signature or official character of the individual purporting to have signed it. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.27
Violation by officers, etc. 521.27 If an entity commits a violation, any of the entity’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the entity that actually committed the violation is proceeded against under this Act. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.28
Third parties — groups 521.28 If an entity that is a third party that is a group commits a violation, the person who is responsible for the group or its financial agent commits the violation if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the violation. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.29
Employees or agents or mandataries 521.29 A person or entity is liable for a violation that is committed by an employee or agent or mandatary of the person or entity acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.3
Personal capacity 521.3 An administrative monetary penalty imposed on an individual under this Part is deemed to be imposed on them in their personal capacity regardless of the capacity in which they acted when they committed the violation. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.31
Debts to Her Majesty 521.31 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) if a person or entity has entered into a compliance agreement with the Commissioner under the terms of which the person or entity is to pay an amount to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the agreement to pay that amount; (b) if a person or entity that is served with a notice of violation does not exercise any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the amount of the administrative monetary penalty set out in the notice of violation that remains unpaid after the expiry of the time set out in the notice to pay the amount; (c) if a person or entity that is served with a notice of violation exercises any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the following amount that remains unpaid after the expiry of 30 days after the day on which they were served with the copy of the Chief Electoral Officer’s or the Commissioner’s decision: (i) the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision, or (ii) the reduced amount of the administrative monetary penalty that is set out in the decision; and (d) if a person or entity has provided an undertaking that is accepted by the Commissioner in which an amount is to be paid to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the undertaking to pay that amount. Limitation period or prescription (2) No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable. Debt final (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.32
Certificate of default 521.32 (1) Any debt referred to in subsection 521.31(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Commissioner. Judgment (2) A certificate made under subsection (1) that is registered in Federal Court has the same force and effect as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate and all proceedings may be taken in respect of the certificate. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.33
Remittance to Receiver General 521.33 The amount of an administrative monetary penalty shall be paid to the Commissioner, who shall forward that amount to the Receiver General. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 521.34
Publication — notice of violation 521.34 (1) The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that is deemed to have committed a violation, identifies the act or omission or the failure to comply to which the violation relates and sets out the amount of the administrative monetary penalty. Publication — accepted undertaking (2) The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that provided an undertaking accepted by the Commissioner, along with the text of the undertaking other than the signature of the individuals who signed it. 2018, c. 31, s. 365
Canada Elections Act — E-2.01 522
Means of contestation 522 (1) The validity of the election of a candidate may not be contested otherwise than in accordance with this Part. No effect on rights and obligations (2) The making of an application to contest an election does not affect any right or obligation of a candidate in that election.
Canada Elections Act — E-2.01 523
Nul and void election 523 The election of a person is nul and void if, under section 65, the person was not eligible to be a candidate.
Canada Elections Act — E-2.01 524
Contestation of election 524 (1) Any elector who was eligible to vote in an electoral district, and any candidate in an electoral district, may, by application to a competent court, contest the election in that electoral district on the grounds that (a) under section 65 the elected candidate was not eligible to be a candidate; or (b) there were irregularities, fraud or corrupt or illegal practices that affected the result of the election. Exception (2) An application may not be made on the grounds for which a recount may be requested under subsection 301(2).
Canada Elections Act — E-2.01 525
Competent courts 525 (1) The following courts are competent courts for the purposes of this Part: (a) a court listed in subsection (2) that has jurisdiction in all or part of the electoral district in question; and (b) the Federal Court. Courts (2) For the purposes of paragraph (1)(a), the courts are (a) in the Province of Ontario, the Superior Court of Justice; (b) in the Province of Quebec, the Superior Court; (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court; (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench; (e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and (f) in Nunavut, the Nunavut Court of Justice. Rules of procedure (3) An application shall be dealt with without delay and in a summary way. The court may, however, allow oral evidence to be given at the hearing of the application in specific circumstances. 2000, c. 9, s. 525; 2002, c. 7, s. 94(E), c. 8, s. 117; 2014, c. 12, s. 111
Canada Elections Act — E-2.01 526
Security, service of application 526 (1) An application must be accompanied by security for costs in the amount of $1,000, and must be served on the Attorney General of Canada, the Chief Electoral Officer, the returning officer of the electoral district in question and all the candidates in that electoral district. Increase of security (2) The court may, if it considers it just, increase the amount of the security.
Canada Elections Act — E-2.01 527
Time limit 527 An application based on a ground set out in paragraph 524(1)(b) must be filed within 30 days after the later of (a) the day on which the result of the contested election is published in the Canada Gazette , and (b) the day on which the applicant first knew or should have known of the occurrence of the alleged irregularity, fraud, corrupt practice or illegal practice.
Canada Elections Act — E-2.01 528
Withdrawal of application 528 An application may not be withdrawn without leave of the court.
Canada Elections Act — E-2.01 529
Notice of appearance 529 Any person referred to in subsection 526(1) may, within 15 days after being served with the application, file with the court a notice of appearance if he or she wishes to take part in the proceedings.
Canada Elections Act — E-2.01 530
Evidence 530 In a proceeding in relation to an application, 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-2.01 531
Dismissal of application 531 (1) The court may at any time dismiss an application if it considers it to be vexatious, frivolous or not made in good faith. Court’s decision (2) After hearing the application, the court may dismiss it if the grounds referred to in paragraph 524(1)(a) or (b), as the case may be, are not established and, where they are established, shall declare the election null and void or may annul the election, respectively. Duties of court clerk (3) The clerk of the court shall (a) send copies of the decision to the persons mentioned in subsection 526(1), to any intervenor and to the Speaker of the House of Commons; and (b) inform the Speaker of the House of Commons as to whether or not an appeal has been filed under subsection 532(1). Informing House of Commons (4) Except when an appeal is filed under subsection 532(1), the Speaker of the House of Commons shall communicate the decision to the House of Commons without delay.
Canada Elections Act — E-2.01 532
Appeal 532 (1) An appeal from a decision made under subsection 531(2) lies to the Supreme Court of Canada on any question of law or fact, and must be filed within eight days after the decision was given. Procedure (2) The Supreme Court shall hear the appeal without delay and in a summary manner. Copies of decision (3) The registrar of the Supreme Court shall send copies of the decision to the persons mentioned in subsection 526(1), to any intervenor and to the Speaker of the House of Commons. Informing House of Commons (4) The Speaker of the House of Commons shall communicate the decision to the House of Commons without delay.
Canada Elections Act — E-2.01 533
Polling division reports 533 The Chief Electoral Officer shall, in the case of a general election, without delay, and, in the case of a by-election, within 90 days after the return of the writ, publish, in the manner and form that he or she considers appropriate, a report that sets out (a) by polling division, the number of votes cast for each candidate, the number of rejected ballots and the number of names on the final list of electors; (a.1) by polling division, the number of additions of names and the number of corrections of information that were made to, and the number of deletions of names that were made from, the official list of electors on polling day; (a.2) the conclusions of the report made by the auditor engaged under section 164.1 for that general election or by-election; and (b) any other information that the Chief Electoral Officer considers relevant. 2000, c. 9, s. 533; 2014, c. 12, s. 112