Excerpt from the Canada Elections Act.

Offences

249. (1) Every person is guilty of an offence who

(a) forges a ballot paper or utters a forged ballot paper;

(b) fraudulently alters, defaces or destroys a ballot paper or the initials of the deputy returning officer signed thereon;

(c) without authority under this Act, supplies a ballot paper to any person;

(d) not being a person entitled under this Act to be in possession of a ballot paper, has, without authority, any ballot paper in his possession;

(e) fraudulently puts or causes to be put into a ballot box a ballot paper or other paper;

(f) fraudulently takes a ballot paper out of the polling station;

(g) without authority under this Act, destroys, takes, opens or otherwise interferes with a ballot box or book or packet of ballot papers;

(h) being a deputy returning officer, fraudulently puts his initials on the back of any paper purporting to be or capable of being used as a ballot paper at an election;

(i) without authority under this Act, prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election;

(j) being authorized by the returning officer to print the ballot papers for an election, fraudulently prints more ballot papers than he is authorized to print;

(k) being a deputy returning officer, places on any ballot paper any writing, number or mark with intent that the elector to whom the ballot paper is to be, or has been, given may be identified thereby; or

(l) manufactures, constructs, imports into Canada, has in possession, supplies to any election officer, or uses for the purposes of an election, or causes to be manufactured, constructed, imported into Canada, supplied to any election officer, or used for the purposes of any election, any ballot box containing or including any compartment, appliance, device or mechanism in or by which a ballot paper may or could be secretly placed or stored or, having been deposited during polling, may be secretly diverted, misplaced, affected or manipulated.

Acts deemed to be fraudulent

(2) For the purposes of subsection (1) and any other provision of this Act, knowingly to do or omit to do an act is deemed to be fraudulent if to do or omit to do the act results or would or would be likely to result in the reception of a vote that should not have been cast or in the non-reception of a vote that should have been cast. [R.S., c.14 (1st Supp.), s.65.]

Corrupt inducement of voters

250. (1) Every person who corruptly, by himself or by any other person, during an election, directly or indirectly offers, procures or provides or promises to procure or provide money, valuable consideration, office, employment, food or drink to induce any person to vote or refrain from voting, and every person who corruptly accepts or receives or agrees to accept or receive any money, valuable consideration, office, employment, food or drink for that purpose, is guilty of an offence.

Application

(2) Subsection (1) does not apply in respect of the provision of light refreshments

(a) by an official agent who provides those refreshments as an election expense at a meeting of electors assembled for the purpose of promoting the election of a candidate;

(b) by any person other than a candidate or an official agent who, at his own expense, provides those refreshments at a meeting of electors assembled for the purpose of promoting the election of a candidate; or

(c) by any person to an election agent at a polling station.

Candidate or official agent influencing voters

(3) Except as provided in subsection (2), every candidate or official agent who, by himself or by any other person, directly or indirectly, during an election before the close of polls on ordinary polling day,

(a) offers, procures or provides or promises to procure or provide alcoholic beverages to any person, or

(b) pays or indemnifies or promises to pay or indemnify any person for loss of wages or other earnings suffered by that person in going to, being at, or returning from a polling station or the neighbourhood of a polling station,

with intent to influence that person to vote or refrain from voting is guilty of an offence.

Proof of intent

(4) In any proceedings in respect of an offence referred to in subsection (3), evidence that a candidate or an official agent has offered, procured or provided or has promised to procure or provide alcoholic beverages to any person, except as provided in subsection (2), or has paid, indemnified or promised to pay or indemnify any person is, in the absence of any evidence to the contrary, proof of intent to influence a person to vote or refrain from voting. [R.S., c.14 (1st Supp.), s.66.]

251. [Repealed, 1993, c.19, s.109]

Personation and voting if not qualified

252. Every person is guilty of an offence who

(a) applies under this Act to be included in any list of electors in the name of some other person, whether the name is that of a person living or dead or of a fictitious person;

(b) having once to his knowledge been properly included in a list of electors under this Act as an elector entitled to vote at a pending election, applies, except as authorized by this Act, to be included in any other list of electors prepared for any electoral district as an elector entitled to vote at the same election;

(c) applies to be included in a list of electors for a polling division in which he is not ordinarily resident;

(c.1) applies to have included the name of a person who is not qualified as an elector or the name of any animal or object;

(d) applies for a ballot paper in the name of some other person, whether the name is that of a person living or dead or of a fictitious person;

(e) having voted once at an election, applies at the same election for another ballot paper;

(f) votes or attempts to vote at an election knowing that he is not qualified to vote at the election; or

(g) induces or procures any other person to vote at an election knowing that the other person is not qualified to vote at the election. [R.S., 1985, c.E-2, s.252; 1993, c.19, s.110.]

Undue influence

253. Every person is guilty of an offence who, by intimidation, duress or any pretence or contrivance,

(a) compels, induces or prevails on any person to vote or refrain from voting at an election; or

(b) represents to any person that the ballot or the manner of voting at an election is not secret. [R.S., c.14 (1st Supp.), s.69.]

Liability of election officers

254. (1) Every election officer is guilty of an offence who fails or refuses to comply with any provision of this Act unless the election officer establishes that in failing or refusing to so comply he was acting in good faith, that his failure or refusal was reasonable and that he had no intention of affecting the result of the election, permitting any person to vote whom he did not bona fide believe was qualified to vote or preventing any person from voting whom he did not bona fide believe was not qualified to vote.

Forfeit right to payment

(1.1) Where an election officer is found guilty of an offence under subsection (1), the election officer shall, in addition to any other punishment to which that person may be liable, forfeit the election officer's right to any payment for the election officer's services as an election officer.

Non-compliance defined

(2) It shall be deemed to be a failure to comply with the provisions of this Act to do or omit to do any act that results in the reception of a vote that should not have been cast, or in the non-reception of a vote that should have been cast. [R.S., 1985, c.E-2, s.254; 1993, c.19, s.111.]

Commissioner of Canada Elections to be appointed

255. The Chief Electoral Officer shall appoint a Commissioner of Canada Elections, in this Act referred to as the "Commissioner", whose duties, under the general supervision of the Chief Electoral Officer, shall be to ensure that the provisions of this Act are complied with and enforced. [R.S., c.14 (1st Supp.), s.70; 1977-78, c.3, s.45.]

Consent of Commissioner required

256. (1) No prosecution for an offence under this Act or for an offence under section 126 of the Criminal Code in relation to anything that this Act forbids or requires to be done shall be instituted except with the prior consent in writing of the Commissioner.

Exception

(2) Subsection (1) does not apply to an offence referred to in section 151, 152, 159 or 260.

Commissioner may intervene

(3) Where a prosecution for an offence referred to in subsection (1) is taken by a person other than the Commissioner, with the prior consent of the Commissioner if such consent is required, the Commissioner may, if it appears to him that his intervention would be in the public interest, assist in carrying on the prosecution and incur such expenses as it may be necessary to incur for such purpose.

Document of consent

(4) Every document purporting to be the consent in writing of the Commissioner under subsection (1) to the institution of a prosecution or proceeding referred to in that subsection shall be deemed to be that consent unless it is called in question by the Commissioner or by someone acting for him or for Her Majesty. [R.S., c.14 (1st Supp.), s.70; 1973-74, c.51, s.11; 1977-78, c.3, s.45.]

Chief Electoral Officer to direct inquiry

257. (1) Where the Chief Electoral Officer believes on reasonable grounds that an election officer may have committed an offence against this Act, the Chief Electoral Officer shall direct the Commissioner to make such inquiry as appears to be called for in the circumstances and, if after making the inquiry, it appears to the Commissioner that a prosecution for the offence should be taken, he shall

(a) institute and carry on the prosecution or cause it to be instituted and carried on; and

(b) incur such expenses as it may be necessary to incur for such purpose.

Idem

(2) Where the Chief Electoral Officer believes on reasonable grounds that any person may have committed an offence referred to in section 69 or 71, subsection 78(3), section 90, subsection 156(2) or 167(1) or section 174, 249 or 266, the Chief Electoral Officer shall direct the Commissioner to make such inquiry as appears to be called for in the circumstances and, in respect of that offence, the Commissioner has the same duties and powers that he has under subsection (1).

Powers under Inquiries Act

(3) For the purpose of any inquiry held under this section, the Commissioner or any person nominated by him for the purpose of conducting the inquiry has the powers of a commissioner under Part II of the Inquiries Act. [1977-78, c.3, s.45.]

Expenses payable out of Consolidated Revenue Fund

258. Any expenses required to be incurred for the purpose of an inquiry under section 257 and of any proceedings that, pursuant to sections 256 and 257, the Commissioner carries on or assists in carrying on or takes or causes to be taken and any other expenses necessarily incurred by the Commissioner in the discharge of his duties under sections 255 to 257 are payable by the Receiver General, on the certificate of the Chief Electoral Officer, out of the Consolidated Revenue Fund. [1977-78, c.3, s.45.]

Definitions

259. In this section and sections 259.1 to 259.3,

"advertising"
«publicité»

means any notice, article or illustration, which may include pictures or text published or shown in any media, including electronic media and periodical publications and includes notices, articles, illustrations, newspapers and like publications designed for mass distribution but does not include

(a) publishing or broadcasting editorials, news, interviews, columns, letters or commentaries in a periodical publication, radio or television program, or

(b) producing, promoting or distributing a book for no less than its commercial value, if the book was planned to be sold regardless of the election;

"advertising expense"
«frais de publicité»

means amounts paid and liabilities incurred for the production, publication, broadcast and distribution of any advertising for the purpose of promoting or opposing, directly and during an election, a particular registered party or the election of a particular candidate. [R.S., 1985, c.E-2, s.259; 1993, c.19, s.112.]

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NOTE: Sections 259.1(1) has no force or effect. It was ruled unconstitutional because it violates sections 2(b), 2(d), and 3 of the Canadian Charter of Rights and Freedoms. (Alberta Court of Appeal, #14396, 1996)

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Offence

259.1 (1) Every person who incurs advertising expenses in excess of one thousand dollars between the date of the issue of the writ and the day immediately following polling day is guilty of an offence.

Exception

(2) Subsection (1) does not apply to

(a) a candidate, official agent or any other person acting on behalf of a candidate with the candidate's actual knowledge and consent; or

(b) a registered agent of a registered party acting within the scope of the registered agent's authority or other person acting on behalf of a registered party with the actual knowledge and consent of an officer of the registered party. [1993, c.19, s.112.]

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NOTE: Sections 259.2(2) has no force or effect. It was ruled unconstitutional because it violates sections 2(b), 2(d), and 3 of the Canadian Charter of Rights and Freedoms. (Al berta Court of Appeal, #14396, 1996)

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Offence

259.2 (1) Every person who sponsors or conducts advertising without identifying the name of the sponsor and indicating that it was authorized by that sponsor is guilty of an offence.

Offence by group of persons

(2) For the purposes of section 259.1, no person shall incur an advertising expense in combination with one or more other persons if the aggregate amount of the advertising expenses incurred exceeds one thousand dollars. [1993, c.19, s.112.]

Cost of communication

259.3 Sections 259.1 and 259.2 do not apply to costs incurred of sending any document that an association, a union, a group, a corporation or an employer, including a registered party, sends directly to its members, employees or shareholders. [1993, c.19, s.112.]

Offence

259.4 Every registered agent of a registered party and every other person acting on behalf of a registered party who, with the actual knowledge and consent of an officer of the registered party, between the date of the issue of the writs for a general election and the day immediately following polling day, incurs election expenses for the primary purpose of promoting the election of a particular candidate or person likely to become a candidate, other than the leader of the party, and not primarily for the purpose of promoting or opposing a particular registered party is, unless the expenses are incurred on behalf of the particular candidate, guilty of an offence. [1993, c.19, s.112.]

Corrupt practice

259.5 Where a person is found guilty of an offence under subsection 259.1(1) or section 259.2 or 259.4 and the contravention was made with the knowledge or consent of a candidate, an official agent or the registered agent of a registered party, that candidate, official agent or registered agent is also guilty of a corrupt practice. [1993, c.19, s.112.]

Public meetings

260. Every person is guilty of an offence who, between the date of the issue of the writ for an election and the day immediately following 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. [R.S., c.14 (1st Supp.), s.71.]

Printed documents bear name

261. (1) Every printed advertisement, handbill, placard or poster that promotes or opposes the election of a registered political party or candidate and that is displayed or distributed during an election by or on behalf of a registered party or a candidate shall indicate that it was authorized by the registered agent of the party or by the official agent of the candidate, as the case may be, and bear the registered agent's or official agent's name.

Offence

(2) Every person who prints, publishes, distributes or posts up, or who causes to be printed, published, distributed or posted up, any document referred to in subsection (1) is, unless it bears the name and authorization required under that subsection, guilty of an offence. [R.S., 1985, c.E-2, s.261; 1993, c.19, s.113(F).]

Removing candidates' advertisements, etc., forbidden

262. Every person who without authority takes down, removes, covers up, mutilates, defaces or alters any printed advertisement, placard, poster or banner having reference to the election of a candidate is guilty of an offence. [R.S., c.14 (1st Supp.), s.73.]

Inducing persons to make false oath an offence

263. (1) Every person who, knowingly, in any case where an oath is by this Act authorized or directed to be taken, compels or attempts to compel, or induces or attempts to induce, any other person to take the oath falsely is guilty of an illegal practice and of an offence.

Taking oath falsely an offence

(2) Every person who, knowingly, in any case where an oath is by this Act authorized or directed to be taken, takes the oath falsely is guilty of an illegal practice and of an offence. [R.S., c.14 (1st Supp.), s.74.]

Publishing false statements to affect return of any candidate

264. Every person who, before or during an election, knowingly makes or publishes any false statement of fact in relation to the personal character or conduct of a candidate is guilty of an illegal practice and of an offence. [R.S., c.14 (1st Supp.), s.75.]

Offence

265. Any person who is not a Canadian citizen, is not a permanent resident and does not reside in Canada who, to secure the election of any candidate, canvasses for votes or in any way endeavours to induce electors to vote for any candidate at an election, or to refrain from voting, is guilty of an offence. [R.S., 1985, c.E-2, s.265; 1993, c.19, s.114.]

Removing notices forbidden

266. (1) Every person who without authority takes down, covers up, mutilates, defaces or alters any printed or written proclamation, notice, list of electors or other document authorized or required by this Act to be posted up is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding two years or to both.

Posting of warning

(2) Where a document referred to in subsection (1) is posted up, a copy of subsection (1) shall be

(a) printed or written as a notice in large type on the document, or

(b) printed or written as a separate notice and posted up near the document,

so that the notice may easily be read. [R.S., c.14 (1st Supp.), s.77.]

Punishment

267. (1) Subject to this Act, every person who is guilty of an offence under this Act is liable

(a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both; or

(b) on indictment, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both.

Corrupt practice

(2) Any candidate at an election or the official agent of a candidate who contravenes section 250, 252, 253 or 260 is guilty of a corrupt practice. [R.S., c.14 (1st Supp.), s.78.]

Disqualification for corrupt act

268. Any person who during an election is guilty of an offence that is a corrupt practice or an illegal practice is disqualified from voting at the election. [R.S., c.14 (1st Supp.), s.79.]

Corrupt or illegal practices

269. Any person, who

(a) in any report made to the Speaker of the House of Commons on an election petition, is named as having been found guilty of any offence that is a corrupt practice or an illegal practice, is reported to have been heard on his own behalf and is declared to be a person who should be expressly disqualified as hereinafter provided,

(b) is, before any competent court, convicted of having committed at an election any offence that is a corrupt practice or an illegal practice, or

(c) is, in any proceeding in which after notice of the charge he has had an opportunity of being heard, found guilty of a corrupt practice or an illegal practice or of any offence that is a corrupt practice or an illegal practice,

shall, in addition to any other punishment for that offence by this Act or any other Act prescribed, be, for a corrupt practice during the seven years or for an illegal practice during the five years next after the date of his being so reported and declared, convicted or found guilty, incapable of being elected to or of sitting in the House of Commons or of voting at any election of a member of that House or of holding any office in the nomination of the Crown or of the Governor in Council. [R.S., c.14 (1st Supp.), s.80.]

Requirements for conviction of candidate

270. (1) No candidate shall, on the trial of any election petition, be reported by the trial judge to the Speaker of the House of Commons as having been found guilty of a corrupt practice or an illegal practice, be convicted before any court of having committed at an election any offence that is a corrupt practice or an illegal practice or in any other proceeding be found guilty of a corrupt practice or an illegal practice or of any offence that is a corrupt practice or an illegal practice, unless

(a) the candidate in person,

(b) his official agent, or

(c) some other agent of the candidate with the candidate's actual knowledge and consent,

omitted to do or did the thing the omission or doing of which constitutes the corrupt practice or illegal practice.

Dominion Controverted Elections Act

(2) Nothing in this section prevents the avoidance, pursuant to the Dominion Controverted Elections Act, of any election in consequence of the commission of a corrupt practice or an illegal practice. [R.S., c.14 (1st Supp.), s.81.]

Election not voided unless illegal practices by candidate or agent

271. (1) No election shall, on the trial of any election petition, be voided by reason of any illegal practice referred to in section 90, 122, 129 or 264 unless the thing omitted or done, the omission or doing of which constitutes the illegal practice, was omitted or done by

(a) the elected candidate in person;

(b) his official agent; or

(c) some other agent of the candidate with the candidate's actual knowledge and consent.

Dominion Controverted Elections Act

(2) Nothing in this section shall be deemed to impair or affect the provisions of the Dominion Controverted Elections Act. [R.S., c.14 (1st Supp.), s.82.]

Non-compliance with Act not to invalidate election unless it affected result

272. No election shall be declared invalid by reason of

(a) non-compliance with the provisions of this Act relating to

(i) limitations of time, or

(ii) the taking of the poll or the counting of the votes,

(b) any want of qualifications in the persons signing any nomination paper,

(c) any error in the name, or omission of, or error in, the address or occupation of any candidate as stated on a nomination paper received by a returning officer, or

(d) any insufficiency in any publication of any proclamation, notice or other document, or any mistake in the use of the Forms contained in this Act or prescribed by the Chief Electoral Officer pursuant to this Act,

if it appears to the tribunal that is considering the question that the election was conducted in accordance with the principles laid down in this Act, and that the non-compliance did not affect the result of the election. [R.S., c.14 (1st Supp.), s.83; 1977-78, c.3, s.47.]

Removal of disqualification procured by perjury

273. Where, after a person has become disqualified under this Act, any witness on whose testimony that person has so become disqualified is convicted of perjury with respect to that testimony, that person may move the court before which the conviction takes place to order, and the court, on being satisfied that the disqualification was procured by reason of the perjury, shall order that the disqualification shall cease and determine, and it shall cease and determine accordingly. [R.S., c.14 (1st Supp.), s.84.]

No privilege from answering questions

274. (1) Subject to this section, no person shall be excused from answering any question put to him in any action, suit or other proceeding in any court or before any judge, commissioner or other tribunal touching or concerning any election or the conduct of any person thereat or in relation thereto on the ground of any privilege.

Exception

(2) The evidence of an elector to show for whom he voted at an election is not admissible as evidence in any action, suit or other proceeding in any court or before any judge, commissioner or any tribunal touching or concerning any election or the conduct of any person thereat or in relation thereto.

Answer not admissible against witness

(3) Any answer given by a person claiming to be excused on the ground of privilege shall not be used or admissible in evidence against him in any criminal trial, or proceeding against him thereafter taking place, other than a prosecution for perjury in the giving of that evidence. [R.S., c.14 (1st Supp.), s.85.]

Production of writ, etc., not required in suits

275. (1) It is not necessary, on the trial of a suit or prosecution under this Act, to produce the writ of election or the return thereof, or the authority of the returning officer founded on the writ, but general evidence of those facts is sufficient evidence.

If notified, Chief Electoral Officer to produce election documents, etc.

(2) Where original election documents are required at any trial of any suit or prosecution under this Act,

(a) the court having cognizance of the proceedings may, at the instance of any of the parties thereto, order the Chief Electoral Officer to cause them to be produced on or before the day fixed for the trial; and

(b) the Chief Electoral Officer shall cause those election documents to be deposited with the court in such manner as the court or judge may order. [R.S., c.14 (1st Supp.), s.86.]

Criminal court may allow costs to prosecutor

276. (1) Any court of criminal jurisdiction before which a 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 pursuant to subsection (1) unless the prosecutor before or on the laying of the information enters into a recognizance with two sufficient sureties, in the sum of five hundred dollars, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant his costs in case he is acquitted.

Costs in cases of private prosecution

(3) In case of an information by a private prosecutor for an offence against this Act, if judgment is given for the defendant, he is entitled to recover from the prosecutor the costs sustained 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. [R.S., c.14 (1st Supp.), s.87.]

Evidence

277. In any criminal or civil proceeding in relation to an offence against this Act, the certificate of the returning officer is sufficient evidence of the due holding of the election and of any person named in the certificate having been a candidate thereat. [R.S., c.14 (1st Supp.), s.88.]

Person liable summoned to court

278. (1) Where it appears to the court or judge trying an election petition that any person has contravened any provision of this Act, for which contravention the person is liable to a fine or penalty other than the fines or penalties imposed for any offence amounting to an indictable offence, the court or judge may order that the person be summoned to appear before the court or judge at the place, day and hour fixed in the summons for hearing the charge.

Penalty for disobeying summons

(2) Where, on the day fixed in a summons ordered pursuant to subsection (1), the person summoned does not appear, he may be condemned, on the evidence already adduced on the trial of the election petition, to pay such fine or penalty as he is liable to pay for that contravention and, in default of paying the fine or penalty, to the imprisonment prescribed in such case by this Act.

Trial

(3) Where, on the day fixed in a summons ordered pursuant to subsection (1), the person summoned does appear, the court or judge, on being satisfied by information on oath and after hearing the person and such evidence as is adduced, shall give judgment in accordance with this Act and the merits of the case.

Appropriation of fines

(4) All fines and penalties recovered under subsections (1), (2) and (3) belong to Her Majesty in right of Canada and shall be paid by the person who receives them to the Receiver General. [R.S., c.14 (1st Supp.), s.89.]

Limitation of time for prosecutions and suits

279. (1) Notwithstanding anything in the Criminal Code, every prosecution for an offence under this Act, and every action, suit or proceeding for any pecuniary penalty given by this Act to any person aggrieved or to any person suing therefor, shall

(a) be commenced, subject to subsection (2), within eighteen months next after the day on which the offence was committed or on which the action, suit or proceeding might first have been brought or taken, and not afterwards; and

(b) when commenced, be proceeded with and carried on without wilful delay.

No prosecution without complaint

(2) Except for prosecutions commenced by the Commissioner on his own initiative where no complaint has been received, no prosecution for an offence against this Act may be commenced unless a complaint in writing alleging that the offence has been committed has been received by the Commissioner within six months from the commission of the offence.

Exceptions

(3) Notwithstanding subsection (1),

(a) where a prosecution, action, suit or proceeding referred to in that subsection is prevented by the withdrawal or absconding of the defendant out of the jurisdiction of the court, the prosecution, action, suit or proceeding may be commenced within one year after his return; and

(b) a prosecution, suit or proceeding against a returning officer pursuant to section 194 for wilful delay, neglect or refusal to return a candidate as elected shall be commenced within six months after the conclusion of the trial of the petition relating to the action. [R.S., c.14 (1st Supp.), s.90; 1980-81-82-83, c.164, s.16.]

Excerpt from the Canada Elections Act.