Compendium of Election Administration in Canada: A Comparative Overview

H. Enforcement

In all jurisdictions except Nunavut, the Chief Electoral Officer is responsible for ensuring that electoral legislation is enforced. Federally, enforcement is carried out by the Commissioner of Canada Elections, who is appointed by the Director of Public Prosecutions for a seven-year term (subject to removal for cause). As a rule, the Chief Electoral Officer in each jurisdiction has the power to investigate possible breaches of electoral law. However, investigation is often delegated to the police or the Royal Canadian Mounted Police. However, in Manitoba, enforcement is carried out by Manitoba's Commissioner of Elections, who is appointed by the Chief Electoral Officer, after consultation with leaders of political parties represented in the Legislative Assembly. In Nunavut, solely the Royal Canadian Mounted Police is responsible for investigating and enforcing violations of the territorial election law.

The Commissioner of Canada Elections may enter into a compliance agreement with any person who has committed or is about to commit an offence against the Act. Similar powers exist in Nova Scotia, Manitoba, the Northwest Territories and Nunavut, where the Chief Electoral Officers or the Integrity Commissioner in the case of Nunavut, may intervene to avoid the commission of an offence or may issue a certificate to order a person to stop contravening the Act. Such provisions do not exist in other jurisdictions. If the Commissioner of Canada Elections believes on reasonable grounds that an offence has been committed, he or she may also refer the matter to the Director of Public Prosecutions, who decides whether to initiate a prosecution. Court proceedings may be instituted by either the Chief Electoral Officer or the Attorney General of the province. Most jurisdictions set a time limit for prosecuting an offender and also stipulate the level of court that can hear the case.

All jurisdictions impose a standard penalty for offences against their respective electoral legislation, with the exception of Canada, New Brunswick and British Columbia, where specific penalties are matched to infractions. As well, most jurisdictions levy additional penalties for offences that are classified as corrupt or illegal practices. These offences, such as impersonation or intimidation, are usually related to voting and to polling day. In most jurisdictions, a person convicted of such offences may not run for election, sit as a member or be nominated or appointed to an office by the Crown for a period of between five and eight years after conviction. In some cases, convicted persons may also be denied the right to vote for a certain period.

Table H.1 Enforcement authority

Jurisdiction	Power to investigate	Power to institute proceedings	Time limit for prosecution	Body that renders judgment
Canada	Commissioner of Canada Elections, housed within the office of the Director of Public Prosecutions	Director of Public Prosecutions	For offences under subsection 500(1), not later than six years after the day on which the subject matter of the proceedings arose For offences under subsection 500(2) to (5), at any time 1 year from date of return of defendant if defendant has absconded the jurisdiction	In Ontario, Ontario Court of Justice In Quebec, Court of Québec In Newfoundland and Labrador, Prince Edward Island Nova Scotia, New Brunswick, Manitoba, Saskatchewan and Alberta, British Columbia, Yukon and Northwest Territories, Provincial Court In Nunavut, Nunavut Court of Justice
Newfoundland and Labrador	Chief Electoral Officer	Attorney General	No limit	Trial Division of Supreme Court of Newfoundland and Labrador
Prince Edward Island	General offences: Police or Royal Canadian Mounted Police Election financing: Chief Electoral Officer	General offences: Attorney General, with the consent of the Chief Electoral Officer, or Chief Electoral Officer Election financing: Chief Electoral Officer	General offences: No limit Election financing: 1 year after facts become known to Chief Electoral Officer	General offences: Varies by case
Nova Scotia	Preliminary investigation: Chief Electoral Officer Further investigation: Appropriate police authorities	General offences: Public Prosecution Service, with the consent of the Chief Electoral Officer	Not later than 1 year after day on which Chief Electoral Officer has reasonable grounds to believe an offence has been committed, and no later than 5 years after date of offence	Varies by case
New Brunswick	Electoral and political financing offences: Municipal police or Royal Canadian Mounted Police Supervisor of Political Financing may hold an inquiry, with powers of a Commissioner under Inquiries Act	Attorney General	General offences: No limit Political financing: 2 years from date of offence 1 year from date of return of defendant to the jurisdiction if defendant has previously absconded out of the jurisdiction	General offences: Varies by case Political financing: Court of Queen's Bench
Quebec	Chief Electoral Officer or person appointed by him or her	Chief Electoral Officer	5 years after date of offence, and 10 years for certain election offences	Court of Quebec
Ontario	Chief Electoral Officer	Anyone, with the consent of the Chief Electoral Officer	2 years after facts become known to Chief Electoral Officer	Ontario Court of Justice
Manitoba	Commissioner or appointed representative	Commissioner	Failure to comply with compliance agreement: 5 years after date on which Commissioner became aware of facts giving rise to prosecution All other offences: 1 year after date on which Commissioner has reasonable and probable grounds to believe an offence has been committed	Varies by case
Saskatchewan	Chief Electoral Officer	Attorney General, with the recommendation of the Chief Electoral Officer	2 years from date of alleged offence	Varies by case
Alberta	Chief Electoral Officer	General offences: Attorney General Election financing: Chief Electoral Officer Administrative penalties: Chief Electoral Officer	3 years from date of alleged offence	Court of Queen's Bench of Alberta
British Columbia	Chief Electoral Officer	Attorney General, with consent of Chief Electoral Officer	1 year after facts become known to Chief Electoral Officer	Supreme Court of British Columbia
Yukon	Chief Electoral Officer	Chief Electoral Officer or any person who is a qualified elector	6 months after date of offence or discovery of commission of offence, whichever is later	Varies by case
Northwest Territories	Chief Electoral Officer	Chief Electoral Officer	1 year from date of offence 1 year from date of return of defendant if defendant has absconded the jurisdiction	Varies by case
Nunavut	Any person who believes that an offence has been, is being or may be committed may request that police investigate	Attorney General	1 year from date of offence or date action, suit or proceeding was first brought, whichever is later 1 year from date the accused returns if accused has absconded the jurisdiction 6 months from date of hearing of any application to void an election for offence by returning officer for wilful delay, neglect or refusal to return an elected candidate May be extended until 60 days after notice of default sent by Integrity Commissioner in default of compliance agreement	Nunavut Court of Justice

Table H.2 General offences and penalties

Jurisdiction	General offences fines (to a maximum of)	Prison term not exceeding	Or both
Canada	$50,000	5 years	Yes
Newfoundland and Labrador	$1,000	3 months	Yes
Prince Edward Island	$2,000	2 years	Yes
Nova Scotia	$5,000	–	–
New Brunswick	General offences and illegal practices, $50,000	For second and subsequent offences, category E–F offence convictions may include imprisonment up to 30–90 days. Category G–I offences may include imprisonment up to 120–365 days	–
Quebec	$500	–	–
Ontario	$5,000	–	–
Manitoba	$10,000	1 year	Yes
Saskatchewan	$5,000	2 years	Yes
Alberta	$10,000	–	–
British Columbia	–	–	–
Yukon	$5,000	1 year	Yes
Northwest Territories	$5,000	1 year	Yes
Nunavut	$5,000	1 year	Yes

Table H.3 Additional penalties for corrupt or illegal practices and major election offences

Jurisdiction	Penalty period	Cannot be nominated as a candidate	Cannot be elected as a member	Cannot sit as a member	Cannot be nominated or appointed to office	Cannot vote	Cannot be appointed to the Civil Service	Other
Canada	Illegal practice: 5 years Corrupt practice: 7 years	–	Yes	Yes	Yes	–	–	May be ordered for all offences under the Act to: do community service; pay amount equal to financial benefit or contribution that resulted from offence; pay compensation to person who suffered damages; perform obligation, non-performance of which resulted in offence; take any other reasonable measure court considers appropriate
Newfoundland and Labrador	–	–	–	–	–	–	–	–
Prince Edward Island	Corrupt practice: 5 years	–	Yes	Yes	Yes	–	Yes	–
Nova Scotia	Corrupt practice: 5 years	–	Yes	Yes	Yes	–	–	Additional fine of up to $10,000 or prison for a term of not more than 1 year, or both fine and imprisonment
New Brunswick	Illegal practice: 30–90 days Corrupt practice: 6 months to 1 year	Yes	Yes	Yes	Yes	Yes	–	–
Quebec	Corrupt practice: 5 years	Yes	Yes	Yes	Yes	Yes	–	Loses right to engage in partisan work for 5 years
Ontario	Corrupt practice: 8 years	Yes	Yes	Yes	Yes	–	–	–
Manitoba	1 year	Yes	Yes	Yes	–	–	–	May be liable for additional fine equal to double the benefit involved
Saskatchewan	Corrupt practice: 5 years	–	Yes	Yes	–	Yes	–	–
Alberta	8 years	Yes	yes^{Footnote 1}	Yes	Yes	Yes	–	–
British Columbia	–	–	–	–	–	–	–	–
Yukon	–	–	–	–	–	–	–	–
Northwest Territories	Major election offence: 5 years	Yes	Yes	Yes	Yes	Yes	–	–
Nunavut	5 years	Yes	Yes	Yes	Yes	Yes	–	Judge given discretion to make other orders listed in s. 269 of NEA

Return to source of ^{Footnote 1} Under any Act of the Alberta Legislature.

Table H.4 Specific offences and penalties

Offences related to	Canada	Newfoundland and Labrador	Prince Edward Island	Nova Scotia	New Brunswick	Quebec	Ontario	Manitoba	Saskatchewan	Alberta	British Columbia	Yukon	Northwest Territories	Nunavut
Access	Up to $5,000, 6 months or both	–	–	–	–	$500–$30,000	–	Up to $2,000, 2 months or both	–	Up to $1,000	–	Up to $5,000, 1 year or both	Up to $2,000, six months or both	Up to $5,000, 1 year or both
False statements	Up to $50,000, 5 years or both	Up to $5,000, 6 months or both	Up to $2,000, 2 years or both	Up to $5,000	–	$100–$30,000	Up to $5,000	Up to $10,000, 1 year or both^{Footnote 1}	Up to $5,000, 2 years or both	Up to $2,000	Up to $20,000, 1 year or both	Up to $5,000, 1 year or both	Up to $3,000, 1 year or both	Up to $5,000, 1 year or both
Beverage alcohol	–	–	$100	–	–	–	–	–	Up to $5,000, 2 years or both	–	–	Up to $5,000, 1 year or both	Up to $5,000, 1 year or both	Up to $5,000, 1 year or both
Gambling and betting	–	–	–	–	–	–	–	–	Up to $5,000, 2 years or both	Up to $5,000, 2 years or both	–	–	–	–
False information on voters lists	Up to $50,000, 5 years or both	Up to $1,000, 3 months or both	Up to $2,000, 2 years or both	Up to $5,000	$500–$20,500	$5,000–$30,000	–	Up to $10,000, 1 year or both	–	Up to $5,000, 2 years or both	–	Up to $5,000, 1 year or both	Up to $5,000, 1 year or both	Up to $5,000, 1 year or both
Use of information on voters lists	Up to $10,000, 1 year or both	Up to $1,000, 3 months or both	Up to $2,000, 2 years or both	Up to $5,000	$240–$10,200	$5,000–$30,000	Up to $5,000	Up to $10,000, 1 year or both	–	Up to $100,000, 1 year or both	Up to $20,000, 2 years or both	–	Up to $2,000, 6 months or both	Up to $5,000, 1 year or both
Voting or bribery	Up to $50,000, 5 years or both	Up to $5,000, 6 months or both	Up to $2,000, 2 years or both	Up to $5,000	$500–$20,500	$500–$2,000 Bribery: $5,000–$30,000	Up to $5,000 and 6 months	Up to $10,000, 1 year or both	Up to $5,000, 2 years or both	Up to $5,000, 2 years or both	Up to $20,000, 2 years or both	Up to $5,000, 1 year or both	Up to $5,000, 1 year or both	Up to $5,000, 1 year or both
Impersonation of elector	Up to $50,000, 5 years or both. Not entitled to sit in House or hold Crown or GIC nominated office for 7 years	Up to $5,000, 6 months or both	Up to $2,000, 2 years or both	Up to $5,000	$500–$20,500	$500–$2,000	–	$10,000 and up to 1 year	Up to $5,000, 2 years or both	Up to $5,000, 2 years or both	Up to $20,000, 2 years or both	Up to $5,000, 1 year or both	Up to $5,000, 1 year or both	Up to $5,000, 1 year or both
Intimidation	Up to $50,000, 5 years or both	Up to $5,000, 6 months or both	Up to $2,000, 2 years or both	Up to $5,000	$500–$50,000	$100–$30,000	–	Up to $10,000, 1 year or both^{Footnote 2}	Up to $5,000, 2 years or both	Up to $5,000, 2 years or both	Up to $20,000, 2 years or both	Up to $5,000, 1 year or both	Up to $2,000, 6 months or both	Up to $5,000, 1 year or both
Secrecy of the vote	Up to $5,000, 6 months or both	Up to $5,000, 6 months or both	Up to $2,000, 2 years or both	Up to $5,000	$240–$10,200	$5,000–$200,000	Up to $5,000	Up to $10,000, 1 year or both	Up to $5,000, 2 years or both	Up to $5,000, 2 years or both	Up to $10,000, 1 year or both	Up to $5,000, 1 year or both	Up to $2,000, 6 months or both	Up to $5,000, 1 year or both
Ballots	Depending on the specific offence, up to $5,000, 6 months or both OR up to $50,000, 5 years or both	Up to $5,000, 6 months or both	Up to $2,000, 2 years or both	Up to $5,000	$240–$10,200	$100–$60,000	Up to $5,000 and 6 months	Up to $10,000, 1 year or both	Up to 2 years	Up to $5,000, 2 years or both	Up to $10,000, 1 year or both	Up to $5,000, 1 year or both	Up to $2,000, 6 months or both	Up to $5,000, 1 year or both
Election officers	Depending on the specific offence, up to $2,000, 3 months or both OR up to $5,000, 6 months or both OR up to $50,000, 5 years or both	Up to $1,000, 3 months or both	Up to $2,000, 2 years or both	Up to $5,000	$140–$1,100	$500–$30,000	Up to $5,000, 6 months or both	Up to $10,000, 1 year or both	Up to $5,000, 2 years or both	Up to $1,000	Up to $20,000, 2 years or both	Up to $5,000, 1 year or both	Up to $2,000, 6 months or both	Up to $5,000, 1 year or both
Advertising and surveys	Depending on the specific offence, up to $2,000, 3 months or both OR up to $5,000, 6 months or both OR up to $50,000 OR up to $50,000, 5 years or both	Up to $1,000, 3 months or both	Up to $10,000	–	$140–$10,200	$5,000–$200,000	Up to $50,000	Up to $50,000 in the case of a regis-tered political party; not excee-ding $5,000 in all other cases	Up to $5,000, 2 years or both	Up to $500 Third parties: $10,000 (individual) $100,000 (organization)	Up to $10,000, 1 year or both	Up to $5,000, 1 year or both	Up to $2,000, 6 months or both	Up to $5,000, 1 year or both
Election signs	Up to $5,000, 6 months or both	Up to $5,000, 6 months or both	–	–	$140–$1,100	$500–$2,000	–	Up to $2,000, 2 months or both	Up to $5,000, 2 years or both	Up to $500	Up to $10,000, 1 year or both	Up to $5,000, 1 year or both	Up to $2,000, 6 months or both	Up to $5,000, 1 year or both
Broadcasting	Up to $50,000	Up to $1,000, 3 months or both	Up to $10,000	–	$140–$10,200	$500–$200,000	Up to $50,000	Up to $25,000	–	–	Up to $10,000, 1 year or both	Up to $5,000, 1 year or both	Up to $5,000, 6 months or both	Up to $5,000, 1 year or both
Third party advertising	Depending on the specific offence, up to $2,000, 3 months or both OR up to $50,000, 5 years or both – for some offences, also liable to fines up to 5 times excess spending	–	–	–	Fine of between $500–$20,500 or up to 180 days in prison or payment of the sum equal to $50 for each day the Chief Financial Officer is in default of filing the report	$500–$10,000	Up to $50,000 in the case of a union or corpora-tion; not exceeding $5,000 for an individual	Up to $50,000 in the case of an organiza-tion or corpora-tion; not exceeding $5,000 for an individual	–	Fine of $10,000 for an individual, $100,000 for an organization	Ten times the amount by which the value of the election advertising sponsored exceeds the limit	–	–	Up to $5,000, 1 year or both
Election finances	Depending on the specific offence, up to $2,000, 3 months or both OR up to $5,000, 6 months or both OR up to $50,000, 5 years or both	Up to $10,000, 3 months or both	Up to $10,000	Up to $5,000	Up to $20,500 or up to 180 days in prison or payment of the sum equal to $50 for each day the Chief Financial Officer is in default of filing the report	$5,000–$50,000	Up to $50,000 in the case of a union or corpora-tion; not exceeding $5,000 for an individual party, consti-tuency associa-tion	Up to $50,000 in the case of a registered political party; not exceeding $5,000 in all other cases	Up to $5,000, 2 years or both	Up to $10,000	Up to $10,000, 1 year or both	–	Up to $2,000, 6 months or both	Up to $5,000, 1 year or both

Return to source of ^{Footnote 1} The Election Financing Act provides for a penalty of $25,000 for a political party or $5,000 for any other person or organization. There is no imprisonment penalty.

Return to source of ^{Footnote 2} The Election Financing Act provides for a penalty of $25,000 for a political party or $5,000 for any other person or organization. There is no imprisonment penalty.

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