Offences and Penalties

The Municipal Election Act, 1996 identifies a number of offences and penalties related to being an elector or a candidate in a municipal election. Penalties range from fines to imprisonment.

As an elector or a candidate in a municipal election, it is up to you to familiarize yourself with your responsibilities under the Municipal Election Act, 1996 and any other relevant legislation.

Municipal Election Act, 1996
S.O. 1996, CHAPTER 32, Schedule

"49 (2) No person shall,
(a) interfere or attempt to interfere with an elector who is marking the ballot;
(b) obtain or attempt to obtain, at a voting place, information about how an elector intends to vote or has voted; or
(c) communicate any information obtained at a voting place about how an elector intends to vote or has voted. 1996, c. 32, Sched., s. 49 (2)."

"89. A person is guilty of an offence if he or she,

(a) votes without being entitled to do so;
(b) votes more times than this Act allows;
(c) votes in a voting place in which he or she is not entitled to vote;
(d) induces or procures a person to vote when that person is not entitled to do so;
(e) having appointed a voting proxy that remains in force, votes otherwise than by the proxy;
(f) having been appointed a voting proxy, votes under the authority of the proxy when the elector has cancelled the proxy, is no longer entitled to vote or has died;
(g) before or during an election, publishes a false statement of a candidate’s withdrawal;
(h) furnishes false or misleading information to a person whom this Act authorizes to obtain information;
(i) without authority, supplies a ballot to anyone;
(j) delivers to the deputy returning officer to be placed in a ballot box a paper other than the ballot the deputy returning officer gave him or her;
(k) takes a ballot away from the voting place;
(l) at an election, takes, opens or otherwise deals with a ballot, a ballot box, or a book or package of ballots without having authority to do so;
(m) attempts to do something described in clauses (a) to (l). 1996, c. 32, Sched., s. 89; 2009, c. 33, Sched. 21, s. 8 (55).

Corrupt practices:certain offences committed knowingly

90.(1) If, when a person is convicted of an offence under section 89, the presiding judge finds that the offence was committed knowingly, the offence also constitutes a corrupt practice. 1996, c. 32, Sched., s. 90 (1); 2009, c. 33, Sched. 21, s. 8 (56).

Corrupt practices: bribery

(2)  An offence described in subsection (3) constitutes a corrupt practice and a person who commits it is, on conviction, disqualified from voting at an election until the next regular election has taken place after the election to which the offence relates, in addition to being liable to any other penalty provided for in this Act. 2009, c. 33, Sched. 21, s. 8 (57).

Same

(3) No person shall, directly or indirectly,

(a) offer, give, lend, or promise or agree to give or lend any valuable consideration, in connection with the exercise or non-exercise of an elector’s vote;
(b) advance, pay or cause to be paid money intending that it be used to commit an offence referred to in clause (a), or knowing that it will be used to repay money used in that way;
(c) give, procure or promise or agree to procure an office or employment in connection with the exercise or non-exercise of an elector’s vote;
(d) apply for, accept or agree to accept any valuable consideration or office or employment in connection with the exercise or non-exercise of an elector’s vote;
(e) give, procure or promise or agree to procure an office or employment to induce a person to become a candidate, refrain from becoming a candidate or withdraw his or her candidacy. 1996, c. 32, Sched., s. 90 (3).

Corrupt practices by election officials: miscounting votes

(4) A deputy returning officer or other election official who knowingly miscounts the votes or knowingly prepares a false statement of the votes is guilty of an offence that constitutes a corrupt practice. 1996, c. 32, Sched., s. 90 (4); 2009, c. 33, Sched. 21, s. 8 (58).

Same: false ballot

(5) A deputy returning officer who knowingly places in a ballot box a paper that purports to be, but is not, a ballot capable of being used as such at an election, is guilty of an offence that constitutes a corrupt practice. 1996, c. 32, Sched., s. 90 (5); 2009, c. 33, Sched. 21, s. 8 (59).

Neglect of duty

(6) A clerk or other election official who wilfully fails to perform a duty imposed by this Act is guilty of an offence that constitutes a corrupt practice. 1996, c. 32, Sched., s. 90 (6); 2009, c. 33, Sched. 21, s. 8 (60).

Corrupt practice and ineligibility for office

91.  (1)  If a person is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, then, in addition to any other penalty provided for in this Act,

(a) any office to which the person was elected is forfeited and becomes vacant; and
(b) the person is ineligible to be nominated for, or elected or appointed to, any office until the next two regular elections have taken place after the election to which the offence relates. 2009, c. 33, Sched. 21, s. 8 (61).

Exception

(2)  However, if the presiding judge finds that the person committed the corrupt practice or offence under the Criminal Code (Canada) without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 2009, c. 33, Sched. 21, s. 8 (61).

Election campaign finance offences

92.  (1, 2)  Repealed: 2009, c. 33, Sched. 21, s. 8 (62).

Additional penalty

(3)  If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to any other penalty provided for in the Act. 1996, c. 32, Sched., s. 92 (3); 2009, c. 33, Sched. 21, s. 8 (63).

(4)  Repealed: 2009, c. 33, Sched. 21, s. 8 (64).

Offences by candidate

(5)  A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in subsection 80 (2), if he or she,

(a) files a document under section 78 or 79.1 that is incorrect or otherwise does not comply with that section; or
(b) incurs expenses that exceed what is permitted under section 76. 1996, c. 32, Sched., s. 92 (5); 2002, c. 17, Sched. D, s. 35 (1); 2009, c. 33, Sched. 21, s. 8 (65, 66).

Exception

(6)  However, if the presiding judge finds that the candidate, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalties described in subsection 80 (2) do not apply. 1996, c. 32, Sched., s. 92 (6); 2002, c. 17, Sched. D, s. 35 (2); 2009, c. 33, Sched. 21, s. 8 (67).

Obstruction, etc.

93. No person shall obstruct a person making an investigation or examination under this Act or withhold, conceal or destroy anything relevant to the investigation or examination. 1996, c. 32, Sched., s. 93.

General offence

94.  A person who contravenes any provision of this Act is guilty of an offence. 2009, c. 33, Sched. 21, s. 8 (68).

General penalty, individual

94.1  (1)  An individual who is convicted of an offence under this Act is liable to the following penalties in addition to any other penalty provided for in this Act:

1. For any offence, a fine of not more than $25,000.
2. For any offence other than a corrupt practice, the penalties described in subsection 80 (2).
3. For an offence under section 90, imprisonment for a term of not more than six months.
4. For any offence that the presiding judge finds that the individual committed knowingly, imprisonment for a term of not more than six months. 2009, c. 33, Sched. 21, s. 8 (68).

Same, corporation or trade union

(2)  A corporation or trade union that is convicted of an offence under this Act is liable to a fine of not more than $50,000 in addition to any other penalty provided for in this Act. 2009, c. 33, Sched. 21, s. 8 (68).

Limitation period

94.2  (1)  No prosecution for an offence under this Act in relation to a regular election shall be commenced after December 1 of the fourth year following the year in which the regular election was held. 2009, c. 33, Sched. 21, s. 8 (68).

Same

(2)  No prosecution for an offence under this Act in relation to a by-election shall be commenced after December 1 of the year of the next regular election after the by-election. 2009, c. 33, Sched. 21, s. 8 (68)."

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Revised:2010-05-03| Revised by: The City of Peterborough