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Regulation Adapting the Canada Elections Act for the Purposes of a Referendum

TABLE OF OFFENCES

Federal Referendum Legislation

(The numbers refer to sections of the Schedule to the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum, SOR/2010-20; R.A. refers to sections of the Referendum Act, S.C. 1992, c. 30.)

General Provisions Offences Punishment Maximum Penalty
obstruction, etc., of referendum process otherwise than under subsection (2) or section 481 or 482 or sections 483 to 499 480(1) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
intention of preventing public meetings 480(2) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
offering bribe to influence an elector to vote or refrain from voting 481(1) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
accepting bribe in the circumstances described in subsection (1) 481(2) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
intimidation or duress, etc. 482(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
pretence or contrivance, etc. 482(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
voting when not qualified or entitled — paragraph 5(a) 483(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
inducing a person not qualified or entitled to vote, to vote — paragraph 5(b) 483(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
voting more than once — section 7 483(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to return referendum documents and referendum materials — paragraph 43(c) 484(1) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
returning officer — failure to take necessary referendum proceedings — subsection 24(3) 484(2)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
refusal to give access — subsection 43.1 484(2)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
acting as referendum officer knowing requirements not met — subsection 22(6) 484(3)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
communication of information for unauthorized purpose — subsection 23(2) 484(3)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure of referendum officer to act impartially — subsection 32(4) R.A. 34(1) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
acting as chief agent or auditor — returning officer or assistant returning officer - subsection 18(4) R.A. 34(1) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
acting in another capacity — returning officer or assistant returning officer — section 31 484(3)(d) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
obstruction of referendum officer — paragraph 43(a) 484(3)(e) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
impersonation of revising agent — paragraph 43(b) 484(3)(e) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to return referendum documents and referendum materials — former referendum officer — paragraph 43(c) 484(3)(f) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
misuse of list of electors — subsection 10(2) R.A. 34(1) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
applying improperly to be included on list of electors — paragraph 111(b) or (c) 487(1)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
unauthorized use of personal information contained in list of electors — paragraph 111(f) 487(1)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
forbidden acts re list of electors — paragraph 111(a), (d) or (e) 487(2) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
unauthorized printing of ballots — paragraph 126(b) 488(1) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to return ballots or unused ballot paper — printer — subsection 116(5) 488(2)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
forgery of ballot — paragraph 126(a) 488(2)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
knowingly printing extra ballot papers — paragraph 126(c) 488(2)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
printing of ballot with intent to influence vote — paragraph 126(d) 488(2)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
manufacture, etc., of ballot box with secret compartment — paragraph 126(e) 488(2)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both


Voting Offences Punishment Maximum Penalty
failure to allow time to vote — employer — subsection 132(1) 489(1)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
making deductions from employees' wages for time given to vote — subsection 133(1) 489(1)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
prohibited use of loudspeaker — section 165 489(1)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
wearing of emblems, etc., in polling station — paragraph 166(1)(b) 489(1)(c) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
vouching for more than one elector — subsection 143(5) 489(2)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
vouchee acting as voucher — subsection 143(6) 489(2)(a.1) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
assisting as a friend more than one elector — subsection 155(2) 489(2)(a.2) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
vouching for more than one elector — subsection 161(6) 489(2)(a.3) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
vouchee acting as voucher — subsection 161(7) 489(2)(a.4) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to maintain secrecy — elector — subsection 164(2) 489(2)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
display of referendum literature in polling place — paragraph 166(1)(a) 489(2)(c) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
vouching for more than one elector — subsection 169(5) 489(2)(d) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
vouchee acting as a voucher — subsection 169(6) 489(2)(e) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
preventing employee from using voting time — employer — section 134 489(3)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
disclosing answer to referendum question for which elector voted — friend or relative — subsection 155(4) 489(3)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to maintain secrecy — agent, a referendum officer or a witness - subsection 164(1) 489(3)(c) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
influencing vote in polling station — paragraph 166(1)(c) 489(3)(d) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
prohibited acts re ballots — paragraphs 167(1)(a) to (d) 489(3)(e) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
prohibited acts re ballots or ballot box with intent to influence vote — 167(2)(a) to (d) 489(3)(e) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
initialling ballot with intent to influence vote — deputy returning officer — paragraph 167(3)(a) 489(3)(f) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
placing identifying mark on ballot — deputy returning officer — paragraph 167(3)(b) 489(3)(g) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to permit person to vote — deputy returning officer — subsection 174(1) 490(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to record vote — poll clerk — subsection 174(2) 490(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
improper handling of ballot box and ballots at advance poll — deputy returning officer — section 175 490(c) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to cross names off list of electors — returning officer — subsection 176(2) or (3) — deputy returning officer — subsection 176(3) 490(c) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to take required measures re ballots — returning officer — section 275 491(1) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
prohibited acts re vote under special voting rules — paragraphs 281(a) to (f) 491(2) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to perform duties with respect to receipt of vote — deputy returning officer — section 212, subsections 213(1) and (4) and 214(1), section 257 and subsection 258(3) 491(3)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to perform duties re counting of the vote — being a special ballot officer, subsections 267(1) and (2), section 268 and subsection 269(1) 491(3)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to perform duties re counting of the vote — deputy returning officer or poll clerk — subsection 276(1), deputy returning officer — subsection 277(1), poll clerk — subsection 277(2), deputy returning officer — subsection 277(3), deputy returning officer or poll clerk — subsection 278(1) or (3), deputy returning officer — section 279 491(3)(c) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
prohibited acts re special voting rules — paragraph 281(g) or (h) 491(3)(d) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
intimidation or inducement re vote under special voting rules — paragraph 282(a) or (b) 491(3)(e) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to safeguard ballot box — returning officer — section 292 492(1) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to perform duties re counting of the vote — deputy returning officer — sections 283 to 288 492(2)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
premature counting of votes cast at advance poll — subsection 289(3) 492(2)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both


Validation of Results by the Returning Officer Offences Punishment Maximum Penalty
failure to appear before returning officer — subsection 296(4) 493 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to declare answer with largest number of votes — returning officer — subsection 313(1) 494(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to transmit referendum documents — returning officer — section 314 494(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to identify sponsor of referendum advertising — section 28 R.A. 36(2) R.A. 36(2) R.A. $25,000 fine
failure to provide referendum survey information — subsection 326(1) or (2) 495(1)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to provide report on referendum survey results — sponsor of a referendum survey — subsection 326(3) 495(1)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to indicate survey not based on recognized statistical methods — section 327 495(1)(c) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
prohibition of referendum advertising posters on residential premises — landlord or condominium corporation — section 322 495(2)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
removal of referendum advertising — section 325 495(2)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
inducement by foreigners — section 331 495(3) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
wilful failure to provide referendum survey information — subsection 326(1) or (2) 495(4)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
wilful failure to provide report on referendum survey results — sponsor of a referendum survey — subsection 326(3) 495(4)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to indicate survey not based on recognized statistical methods — section 327 (requiring intent) 495(4)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to observe blackout period — subsection 27(1) R.A. 36(2) R.A. 36(2) R.A. $25,000 fine
transmission of referendum survey results during blackout period — subsection 328(2) 495(4)(c) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
premature transmission of referendum results — section 329 495(4)(d) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
foreign broadcasting — subsection 330(1) or (2) 495(4)(e) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
failure to observe an allocation of free broadcasting time — section 22 R.A. 36(1) R.A. 36(1) R.A. $25,000 fine
failure to make broadcasting time available — subsection 21(1) R.A. 36(1) R.A. 36(1) R.A. $25,000 fine
causing transmission of referendum survey results during blackout period — subsection 328(1) 495(5)(b) 34(2) R.A. $5,000 fine, five years' imprisonment, or both


Finance Offences Punishment Maximum Penalty
accepting contributions after referendum finances return filed 16(4) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
failure of auditor to report to chief agent 20(1) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
failure to allow auditor access to records — subsection 20(3) R.A. 34(3)(a) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
failure to provide auditor with information 34(3)(b) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
providing auditor with false or misleading information 34(3)(c) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
failure of referendum committee to keep registration up to date — subsection 13(8) R.A. 34(4) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
failure of referendum committee to keep records of expenses and contributions — subsection 15(4) R.A. 34(4) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
failure to keep bank account — subsection 15(5) R.A. 34(4) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
failure to appoint chief agent or auditor — subsections 18(1) to (3) R.A. 34(4) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
filing of false application by referendum committee — section 13 R.A. 34(5) R.A. 34(1) R.A. $5,000 fine, five years' imprisonment, or both
failure to register — subsection 15(1) R.A. 35(1) R.A. 35(1) R.A. $25,000 fine, five years' imprisonment, or both
accepting prohibited contributions — section 14 R.A. 35(2) R.A. 35(1) R.A. $25,000 fine, five years' imprisonment, or both
exceeding expenses limits — subsection 15(2) R.A. 35(2) R.A. 35(1) R.A. $25,000 fine, five years' imprisonment, or both
paying expenses out of prohibited contributions - subsection 16(1) R.A. 35(2) R.A. 35(1) R.A. $25,000 fine, five years' imprisonment, or both
failure to repay loans — subsection 16(3) R.A. 35(2) R.A. 35(1) R.A. $25,000 fine, five years' imprisonment, or both
failure of chief agent to file return — subsection 19(1) R.A. 35(3) R.A. 35(1) R.A. $25,000 fine, five years' imprisonment, or both
knowingly filing false return 35(3) R.A. 35(1) R.A. $25,000 fine, five years' imprisonment, or both
refusal to obey order to leave polling place — subsection 479(4) 498 34(2) R.A. $5,000 fine, five years' imprisonment, or both


General Offences Punishment Maximum Penalty
removal of posted referendum documents — subsection 548(1) 499(1) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
taking false oath — subsection 549(3) 499(2)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both
compelling or inducing false oath — subsection 549(4) 499(2)(a) 34(2) R.A. $5,000 fine, five years' imprisonment, or both


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