Compendium of Election Administration in Canada - Comparative Overview
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· Menu · Introduction · Redistribution of Electoral Boundaries · Administration of Elections · Registration of Electors · Voting Process · Nomination and Registration of Political Entities · Election Financing and Advertising · Enforcement · Referendums, Plebiscites, Recall and Initiative · Selected Statistics on Most Recent General Elections · Chief Electoral Officers · List of Legislation, Regulations and Official Reports · List of Legislative Amendments ·

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H. Enforcement
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In all jurisdictions, 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 Chief Electoral Officer of Canada. 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, usually on the advice of the Chief Electoral Officer.

The Commissioner of Canada Elections may apply to the court for an injunction if he or she has reason to believe that a person may have committed, or is likely to commit, an offence. In addition, the Commissioner may initiate a compliance agreement with any person who has committed or is about to commit an offence against the Act. Similar powers exist in Yukon, where the Chief Electoral Officer 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.

In most cases, for general offences, 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 until six years after the conviction. In some cases, convicted persons may also be denied the right to vote for a certain period.

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  Table H.1 Enforcement authority
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Jurisdiction
Responsible for enforcement of Act
Power to investigate

Power to institute proceedings
Time limit for prosecution
Body that renders judgment
Canada Commissioner of Canada Elections, appointed by Chief Electoral Officer Commissioner of Canada Elections Commissioner of Canada Elections 18 months from date Commissioner becomes aware of facts giving rise to prosecution and not later than 7 years from date of offence
• In Canada, Trial Division of Federal Court
• In Ontario, Superior Court of Justice
• In Quebec, Superior Court
• In Nova Scotia, British Columbia, Yukon and Northwest Territories, Supreme Court
• In New Brunswick, Manitoba, Saskatchewan and Alberta, Court of Queen's Bench
• In Prince Edward Island and Newfoundland and Labrador, Trial Division of Supreme Court
• In Nunavut, Nunavut Court of Justice
Newfoundland and Labrador Chief Electoral Officer Chief Electoral Officer Crown prosecutor No limit Trial Division of Supreme Court of Newfoundland and Labrador
Prince Edward Island Chief Electoral Officer General offences:
Police or Royal Canadian Mounted Police

Election financing:
Chief Electoral Officer

 General offences:
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 Chief Electoral Officer Preliminary investigations; must request appropriate police authorities to investigate General offences: Public Prosecution Service 9 months from date of offence Varies by case
New Brunswick Chief Electoral Officer General offences:
Police or Royal Canadian Mounted Police

Election financing:
Supervisor of Political Financing

 Attorney General
 General offences:
No limit

Election financing:
2 years from date of offence

General offences:
Varies by case

Election financing:
Court of Queen's Bench
Quebec Chief Electoral Officer Chief Electoral Officer or person appointed by him or her Chief Electoral Officer 1 year after prosecutor becomes aware of commission of offence, but no later than 5 years after date of offence Court of Quebec
Ontario Chief Election Officer General offences:
Police or Royal Canadian Mounted Police

Election financing:
Chief Election Officer

 General offences:
Attorney General

Election financing:
Chief Election Officer

 General offences:
No limit

Election financing:
2 years after facts become known to Chief Election Officer

Varies by case
Manitoba Chief Electoral Officer Chief Electoral Officer Chief Electoral Officer 1 year from date Chief Electoral Officer believes an offence was committed Varies by case
Saskatchewan Chief Electoral Officer Chief Electoral Officer Chief Electoral Officer 2 years from date of alleged offence Court of Queen's Bench of Saskatchewan
Alberta1 Chief Electoral Officer General offences:
Police or Royal Canadian Mounted Police

Election financing:
Chief Electoral Officer

 General offences:
Attorney General

Election financing:
Chief Electoral Officer

No limit Court of Queen Bench's of Alberta
British Columbia Chief Electoral Officer Chief Electoral Officer Ministry of 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 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 General offences:
Varies by case
Northwest Territories Chief Electoral Officer 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
• 6 months after end of trial of election petition against a returning officer (for failure to return a candidate as elected)
Varies by case
Nunavut Chief Electoral Officer Chief Electoral Officer Integrity Commissioner
•  180 days 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
• 60 days after notice of default sent by Integrity Commissioner in a default of compliance agreement
• 6 months from date of hearing of any application to void an election
Nunavut Court of Justice
1 These provisions are with respect to the Election Act only, and do not apply to the Election Finances and Contributions Disclosure Act.

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  Table H.2 General offences and penalties
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Jurisdiction
Penalties for general offences
Additional penalties for corrupt or illegal practices
Fine not more than
Prison term not more than
Or both
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
–
–
–
May be ordered to pay compensation or do community service
Newfoundland and Labrador $1,000
3 months
–
–
–
–
–
–
–
–
Prince Edward Island $2,000 2 years
Corrupt practice: 5 years
–
–
–
Nova Scotia $2,000 2 years
Corrupt practice: 5 years
–
–
–
New Brunswick
–
–
–
 5 years
–
–
–
Quebec $500
–
–
 Corrupt practice: 5 years
–
–
–
 Loses right to engage in partisan work for 5 years
Ontario $5,000
–
–
 Corrupt practice: 8 years
–
–
–
Manitoba

Election offence: $10,000
General offence: $2,000
Election financing offence: $5,000 ($25,000 for a registered party)

 Election offence: 1 year
General offence: 2 months
–
–
–
–
–
–
–
 May be liable for an additional fine equal to double the benefit involved
Saskatchewan $5,000 2 years
Corrupt practice: 5 years
–
–
–
–
Alberta $500
–
–
 8 years
1
–
–
British Columbia
–
–
–
–
–
–
–
–
–
–
–
Yukon $5,000 1 year
–
–
–
–
–
–
–
–
Northwest Territories $1,000 1 year
Illegal practice: 5 years

Corrupt practice: 7 years
–
–
–
Nunavut $5,000 1 year
–
–
–
–
–
1 Under any Act of the Alberta Legislature.

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  Table H.3 Specific offences and penalties
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Offences related to
Jurisdiction
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 $2,000, 6 months or both
–
–
–
–
 $100–$1,000
–
 Up to $2,000, 2 months or both
–
 Up to $1,000
–
 Up to $5,000, 1 year or both
–
 Up to $5,000, 1 year or both
False statements Up to $5,000, 5 years or both Up to $5,000, 6 months or both Up to $2,000, 2 years or both Up to $2,000, 2 years or both
–
 $100–$3,000
–
 Up to $10,000, 1 year or both Up to $5,000, 2 years or both Up to $2,000 Up to $5,000, 1 year or both Up to $5,000, 1 year or both Up to $1,000, 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 $1,000, 1 year or both Up to $5,000, 1 year or both
Gambling and betting
 –
 –
 –
 Up to $2,000, 2 years or both
 –
 –
 –
 Up to $10,000, 1 year or both Up to $5,000, 2 years or both Up to $5,000, 2 years or both
 –
 –
 –
 –
False information on voters lists Up to $5,000, 5 years or both Up to $1,000, 3 months or both Up to $2,000, 2 years or both Up to $2,000, 2 years or both $250–$10,000 $500–$2,000 $5,000 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 $1,000, 1 year or both Up to $5,000, 1 year or both
Use of information on voters lists Up to $1,000, 3 months or both Up to $1,000, 3 months or both Up to $2,000, 2 years or both Up to $2,000, 2 years or both $120–$2,500 $500–$30,000
 –
 Up to $10,000, 1 year or both
 –
 Up to $100,000, 1 year or both Up to $10,000, 2 years or both
 –
 Up to $1,000, 1 year or both Up to $5,000, 1 year or both
Voting or bribery Up to $5,000, 5 years or both Up to $5,000, 6 months or both Up to $2,000, 2 years or both Up to $2,000, 2 years or both $120–$10,000 $500–$2,000
Bribery: $1,000–$10,000		 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, 2 years or both Up to $5,000, 1 year or both Up to $1,000, 1 year or both Up to $5,000, 1 year or both
Impersonation of elector
–
 Up to $5,000, 6 months or both Up to $2,000, 2 years or both  Up to $2,000, 2 years or both $250–$10,000 $500–$2,000 
–
 $5,000 and up to 1 year  Up to $5,000, 2 years or both Up to $5,000, 2 years or both  Up to $10,000, 2 years or both  Up to $5,000, 1 year or both Up to $1,000, 1 year or both 
–
Intimidation Up to $5,000, 5 years or both Up to $5,000, 6 months or both  Up to $2,000, 2 years or both  Up to $2,000, 2 years or both  $250–$25,000  $1,000–$30,000 
–
 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, 2 years or both  Up to $5,000, 1 year or both  Up to $1,000, 1 year or both  Up to $5,000, 1 year or both 
Secrecy Up to $5,000, 5 years or both Up to $5,000, 6 months or both  Up to $2,000, 2 years or both  Up to $2,000, 2 years or both  $70–$5,000 $1,000–$30,000  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 $5,000, 1 year or both  Up to $5,000, 1 year or both  Up to $1,000, 1 year or both  Up to $5,000, 1 year or both 
Ballots Up to $5,000, 5 years or both Up to $5,000, 6 months or both Up to $2,000, 2 years or both  Up to $2,000, 2 years or both $120–$5,000  $100–$3,000  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 $5,000, 1 year or both  Up to $5,000, 1 year or both  Up to $1,000, 1 year or both  Up to $5,000, 1 year or both 
Election officers Up to $5,000, 5 years or both  Up to $1,000, 3 months or both Up to $2,000, 2 years or both  Up to $2,000, 2 years or both  $120–$5,000  $100–$2,000 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 $10,000, 2 years or both  Up to $5,000, 1 year or both Up to $1,000, 1 year or both  Up to $5,000, 1 year or both 
Advertising and surveys Up to $25,000, 3 months or both  Up to $1,000, 3 months or both  Up to $10,000 
–
 $70–$5,000 $500–$10,000  Up to $50,000  Up to $25,000  Up to $5,000, 2 years or both  Up to $500  Up to $5,000, 1 year or both  Up to $5,000, 1 year or both  Up to $1,000, 1 year or both 
–
Election signs Up to $1,000, 3 months or both  Up to $5,000, 6 months or both 
 –
 –
 $70–$500  $200–$1,000 
–
 Up to $2,000, 2 months or both 
 –
 Up to $500  Up to $5,000, 1 year or both  Up to $5,000, 1 year or both  Up to $1,000, 1 year or both  Up to $5,000, 1 year or both 
Broadcasting $25,000, 1 year or both; or $5,000, 5 years or both  Up to $1,000, 3 months or both  Up to $10,000 
–
 $70–$5,000  $500–$10,000  Up to $50,000  Up to $25,000 
–
–
 Up to $5,000, 1 year or both  Up to $5,000, 1 year or both  Up to $5,000  Up to $5,000, 1 year or both 
Third party advertising Up to $5,000, 5 years or both 
–
 –
–
–
 $500–$10,000 
–
–
–
–
 Up to $5,000, 1 year or both 
–
–
–
Election finances

On summary conviction: Up to $2,000, 1 year or both

On conviction on indictment: Up to $5,000, 5 years or both 

 Up to $10,000, 3 months or both  Up to $10,000  Up to $2,000, 2 years or both  Up to $10,000, 3 months or both $1,000–$30,000  Up to $50,000  Up to $50,000  Up to $5,000, 2 years or both  Up to $10,000  Up to $5,000, 1 year or both  – Up to $1,000, 1 year or both  Up to $5,000, 1 year or both 

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· Menu · Introduction · Redistribution of Electoral Boundaries · Administration of Elections · Registration of Electors · Voting Process · Nomination and Registration of Political Entities · Election Financing and Advertising · Enforcement · Referendums, Plebiscites, Recall and Initiative · Selected Statistics on Most Recent General Elections · Chief Electoral Officers · List of Legislation, Regulations and Official Reports · List of Legislative Amendments ·

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