Offences re recall petition
55(1) A person commits an offence if the person
(a) knowingly makes a false or misleading statement concerning the contents or effect of a recall petition,
(b) refuses to allow an individual to read a notice of recall petition,
(c) subject to the regulations, in any manner exerts undue influence on an individual, within the meaning of section 175 of the Election Act, in respect of the signing of a recall petition,
(d) commits an offence or contravention prescribed by the regulations for the purposes of this section, or
(e) affixes a false or forged signature on a recall petition.
(2) A person commits an offence if the person contravenes any of the following provisions or a provision that is specified for the purposes of this section and the regulations:
(a) section 4(2) or (4);
(b) section 5(1) or (2);
(c) section 10 or 16;
(d) section 11(1) or (3).
(3) A person that collects, uses or discloses personal information, except as authorized under this Act or the regulations, commits an offence.
(4) A person who contravenes this section is guilty of an offence and liable to a fine of not more than the amount prescribed in respect of that offence.
2021 cR-5.7 s55;2022 c14 s14
Obstruction
56(1) No person shall obstruct any person carrying out an inquiry, investigation or examination under this Act or withhold from that person or conceal or destroy any books, papers, documents or things relevant to the subject‑matter of the investigation or examination.
(2) A person who contravenes this section is guilty of an offence and liable to a fine of not more than the prescribed amount.
False documents
57(1) No person shall knowingly make a false statement in any application, return, financial statement, report or other document filed with the Chief Electoral Officer under this Act.
(2) A person who contravenes this section is guilty of an offence and liable to a fine of not more than the prescribed amount.
False statements
58(1) No person shall knowingly give false information to a chief financial officer or other person authorized to accept contributions.
(2) A person who contravenes this section is guilty of an offence and liable to a fine of not more than the prescribed amount.
Expenses more than maximum
59 A person who contravenes section 13 or 18 is guilty of an offence and liable to a fine of not more than $100 000.
Failure to provide financial statement or return
60 An applicant or the chief financial officer of an applicant who contravenes the regulations under Part 3 by failing to provide a financial statement or return is guilty of an offence and liable to a fine of not more than $1000.
Failure to comply with directions
61 A person who fails to comply with a direction of the Chief Electoral Officer or the Election Commissioner is guilty of an offence and liable to a fine of not more than $1000.
Third party recall advertising offences
62 A third party that contravenes Part 3 is guilty of an offence and liable to a fine not exceeding
(a) $10 000 if the third party is an individual, or
(b) $100 000 if the third party is a corporation, unincorporated organization or association.
General offences
63(1) Subject to the regulations, a person who contravenes any of the provisions of this Act, for which contravention no fine is otherwise provided, is guilty of an offence and liable to
(a) in the case of an individual, a fine not to exceed $10 000, or
(b) in the case of a corporation, unincorporated organization or association, a fine not to exceed $100 000.
(2) If a corporation commits an offence under this Act or the regulations, an officer or director of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and liable to the penalties set out in respect of the offence whether or not the corporation has been prosecuted or convicted.
Administrative penalties
64(0.1) Subject to this Part and the regulations, the Election Act and Election Finances and Contributions Disclosure Act apply with all necessary modifications with respect to an administrative penalty issued under this section.
(1) After completing an investigation, if the Election Commissioner is of the opinion that a person has contravened a provision of this Act or a provision that is specified for the purposes of this section in the regulations, the Election Commissioner may, in accordance with the regulations, by notice in writing given to that person, require that person to pay an administrative penalty in the amount set out in the notice for each contravention.
(2) All penalties collected under this section shall be paid into the General Revenue Fund.
(3) A person who pays an administrative penalty in respect of a contravention may not be charged under this Act with an offence in respect of that contravention.