Canada Elections Act (S.C. 2000, c. 9)

Marginal note: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;

  • (b.1) whether the violation was committed by, at the direction of or in association with a foreign entity, as defined in subsection 349.01(1);

  • (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.

• Marginal note: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.

• Marginal note: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.

Commissioner of Canada Elections

Marginal note: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.

• Marginal note: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.

• Marginal note: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]

• Marginal note:No re-appointment

  (4) A person who has served as Commissioner is not eligible for re-appointment to that office.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:Power to take measures

• 509.22 (1) 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.

• Marginal note:Clarification

  (2) For greater certainty, the Commissioner may, in the exercise or performance of the Commissioner’s powers, duties and functions under this Part, enter into memoranda of understanding or other arrangements with a department or body that is listed in a schedule to the Financial Administration Act and has technical or specialized knowledge on matters of national security or any other matters related to those powers, duties and functions.

Marginal note: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.

Staff

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Payments out of Consolidated Revenue Fund

Marginal note: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.

Investigations

Marginal note:Investigation by Commissioner

• 510 (1) The Commissioner, on his or her own initiative or in response to a complaint, may conduct an investigation.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note:Investigative powers — violations

510.002 In conducting an investigation to determine whether a violation referred to in section 508.1 has been committed, the Commissioner or the Commissioner’s authorized representative may

• (a) in the same manner and to the same extent as a superior court of record,

  • (i) summon and enforce the attendance of persons before the Commissioner or the representative and require them to give oral or written evidence on oath, and

  • (ii) require persons to preserve or produce any documents or other things that the Commissioner or representative considers relevant for the investigation; and

• (b) administer oaths.

Marginal note:Order requiring testimony, etc.

• 510.01 (1) If, on application of the Commissioner or the Commissioner’s authorized representative, a judge is satisfied by information on oath that there are reasonable grounds to believe that this Act has been contravened or is about to be contravened — or that there is or is about to be a conspiracy or attempt to contravene this Act or that a person or entity is or is about to be an accessory after the fact, or has counselled or is about to counsel, in relation to such a contravention — and that an individual has or is likely to have information that will provide evidence of the contravention or conduct in question, a judge may order the individual to

  • (a) attend as specified in the order and be examined on oath by the Commissioner or the authorized representative on any matter that is relevant to the contravention or conduct before an individual, in sections 510.02 to 510.04 referred to as a “presiding officer”, designated in the order;

  • (a.1) preserve any records or other things specified in the order;

  • (a.2) produce to the Commissioner or the authorized representative, within a time and at a place specified in the order, a record — or a copy of a record certified by affidavit to be a true copy — or any other thing specified in the order; or

  • (b) make and deliver to the Commissioner or the authorized representative, within the time specified in the order, a written return under oath showing in detail the information that is required by the order.

• Marginal note:Date for hearing and notice

  (2) On receipt of the application, the judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in the manner that the judge may specify, to the individual against whom the order is sought.

• Marginal note:Restriction

  (3) No order may be made under subsection (1) against the individual whose conduct is being investigated.

• Marginal note:When hearing may proceed ex parte

  (4) A judge may proceed ex parte to hear and determine the application in the absence of the individual against whom the order is sought if

  • (a) the Commissioner or the authorized representative establishes to the satisfaction of the judge that the disclosure of any information set out in the application would

    • (i) compromise the identity of a confidential informant,

    • (ii) compromise the nature and extent of an ongoing investigation,

    • (iii) endanger an individual engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or

    • (iv) prejudice the interests of an innocent individual; or

  • (b) the judge is satisfied for any reason that the ends of justice would be subverted by the disclosure of the information set out in the application.

• Marginal note:Sealing packet of documents

  (5) If an order made under subsection (1) is issued ex parte, all documents relating to the application shall, subject to any terms and conditions that the judge considers desirable in the circumstances, including any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (7).

• Marginal note:Order prohibiting disclosure

  (6) If the order made under subsection (1) is issued ex parte, the judge shall make an order prohibiting a person or entity from disclosing, during the period set out in the order,

  • (a) the existence of the application;

  • (b) the existence of the order made under subsection (1); and

  • (c) the content of any testimony given or of any written return made under the order made under subsection (1).

• Marginal note:Application for variance of order

  (7) An application to terminate an order made under subsection (6) or to vary any of its terms and conditions may be made to the judge who made the order or a judge of the same court.

• Marginal note:Effect of order

  (8) An order made under this section has effect anywhere in Canada.