Strong and Free Elections Act (S.C. 2026, c. 20)

Marginal note:False statements

482.01 Every person or entity is guilty of an offence that makes or publishes, with the intention of affecting the results or disrupting the conduct of an election, a statement that they know is false or misleading in respect of

• (a) who may vote in an election, including who is qualified as an elector or may register as an elector;

• (b) the process by which an individual may register to vote;

• (c) where, when or the manner in which an individual may vote in an election, including at an advance poll or by special ballot;

• (d) whom an individual may vote for at an election;

• (e) the process by which an individual becomes a candidate;

• (f) the process by which votes at an election are counted or the results are validated; or

• (g) the preliminary, validated or official results of an election.

Offences under Part 11.1 (Prohibitions in relation to Voting at an Election)

Offences under Division 0.1 of Part 17 (Prohibition in Relation to Foreign Property, Services and Funds)

Offences under Division 0.2 of Part 17 (Prohibition on Accepting Certain Contributions)

Marginal note:Strict liability offences — summary conviction

• 495.22 (1) Every third party is guilty of an offence who contravenes

  • (a) section 349.04 (accepting a contribution that is in the form of a cryptoasset, money order or payment product); or

  • (b) section 349.05 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product).

• Marginal note:Offences requiring intent — dual procedure

  (2) Every third party who knowingly contravenes section 349.05 (failure to return a contribution that is in the form of a cryptoasset, money order or payment product) is guilty of an offence.

• (i) subsection 349.95(1) (limitation on expenses).

• (f) subsection 358(1) (limitation on expenses).

Offences under Part 17.1 (Prohibitions in Relation to Voting at a Nomination Contest or Leadership Contest)

Marginal note:Offences requiring intent — dual procedure

• 496.2 (1) Every person is guilty of an offence who

  • (a) contravenes subsection 362.2(1) (undue influence by foreigners);

  • (b) knowingly contravenes subsection 362.2(4) (collusion);

  • (c) knowingly contravenes subsection 362.2(5) (selling advertising space);

  • (d) knowingly contravenes subsection 362.3(1) (offering bribe);

  • (e) knowingly contravenes subsection 362.3(2) (accepting bribe); or

  • (f) knowingly contravenes paragraph 362.4(a) or (b) (intimidation, etc.).

• Marginal note:Offences requiring intent — dual procedure

  (2) Every entity is guilty of an offence that

  • (a) contravenes subsection 362.2(1) (undue influence by foreigners);

  • (b) knowingly contravenes subsection 362.2(4) (collusion); or

  • (c) knowingly contravenes subsection 362.2(5) (selling advertising space).

• (h.001) being a nomination contestant, a leadership contestant or the financial agent of a nomination contestant or leadership contestant, contravenes subsection 362.3(1) (offering bribe);

Marginal note:Evidence

508 In a prosecution for an offence under this Act or for a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.

Marginal note:Violation

508.1 Every person or entity commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act if the person or entity

• (a) contravenes section 43.1, any of paragraphs 56(a) to (d), subsection 66(4), section 81, 81.1, 92.1, 92.2 or 92.3, subsection 136(4) or 166(1), section 281.3, 281.4, 281.5 or 281.8 or a provision of any of Parts 16, 17 and 18;

• (b) conspires with any person or entity to contravene, or attempts to contravene, a provision referred to in paragraph (a);

• (c) counsels any person or entity to contravene a provision referred to in paragraph (a), in the case where the provision is not contravened;

• (d) is an accessory after the fact to the contravention of a provision referred to in paragraph (a); or

• (e) fails to comply with a requirement of the Chief Electoral Officer under any of Parts 16, 17 and 18, a provision of a compliance agreement, a provision of an undertaking that has been accepted by the Commissioner or a requirement of the Commissioner or the Commissioner’s authorized representative under section 510.002.

Marginal note:How act or omission may be proceeded with

508.3 If an act or omission may be proceeded with as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Marginal note:Maximum amount of penalty

• 508.5 (1) Subject to subsections (2) to (6), the maximum administrative monetary penalty for a violation is $25,000, in the case of an individual, and $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — sections 349.012, 349.013, 349.02 and 349.03

  (2) The maximum administrative monetary penalty for a violation arising from the contravention of section 349.012, 349.013, 349.02 or 349.03 is an amount equal to twice the amount of the funds, or twice the commercial value of the property or services, involved in the contravention of that section, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — sections 349.04, 349.05, 363, 367, 372.1 and 372.2

  (3) The maximum administrative monetary penalty for a violation arising from the contravention of section 349.04, 349.05, 363, 367, 372.1 or 372.2 is an amount equal to twice the amount that was contributed — accepted or not returned, not destroyed, or not converted and paid, as the case may be — in contravention of that section, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — subsections 349.4(1) and 351.1(1)

  (4) The maximum administrative monetary penalty for a violation arising from the contravention of subsection 349.4(1) or 351.1(1) is an amount equal to twice the amount of the expense incurred by the third party in contravention of that subsection, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — subsections 349.95(1) and 358(1)

  (5) The maximum administrative monetary penalty for a violation arising from the contravention of subsection 349.95(1) or 358(1) is an amount equal to twice the amount of the contribution that was used in contravention of that subsection, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.

• Marginal note:Maximum — section 368

  (6) The maximum administrative monetary penalty for a violation arising from the contravention of any of subsections 368(1) to (4) is an amount equal to twice the amount at issue in the contravention of that subsection, plus

  • (a) $25,000, in the case of an individual; and

  • (b) $100,000, in the case of a corporation or an entity.

• (b.1) whether the violation was committed by, at the direction of or in association with a foreign entity, as defined in subsection 349.01(1);

• Marginal note:Clarification

  (2) For greater certainty, the Commissioner may, in the exercise or performance of the Commissioner’s powers, duties and functions under this Part, enter into memoranda of understanding or other arrangements with a department or body that is listed in a schedule to the Financial Administration Act and has technical or specialized knowledge on matters of national security or any other matters related to those powers, duties and functions.

Marginal note:Investigative powers — violations

510.002 In conducting an investigation to determine whether a violation referred to in section 508.1 has been committed, the Commissioner or the Commissioner’s authorized representative may

• (a) in the same manner and to the same extent as a superior court of record,

  • (i) summon and enforce the attendance of persons before the Commissioner or the representative and require them to give oral or written evidence on oath, and

  • (ii) require persons to preserve or produce any documents or other things that the Commissioner or representative considers relevant for the investigation; and

• (b) administer oaths.