Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Election Act

[RSBC 1996] CHAPTER 106

Part 12 — Offences

Penalties under this Part are in addition to any others

251  Any penalty under this Part is in addition to and not in place of any other penalty to which an individual or organization may be liable under this Act in respect of the same matter.

Prosecution of offences

252  (1) A prosecution for an offence under this Act may not be commenced without the approval of the chief electoral officer.

(1.1) If the chief electoral officer is satisfied that there are reasonable grounds to believe that an individual or organization has contravened this Act, the chief electoral officer may refer the matter to the Criminal Justice Branch of the Ministry of Justice for a determination of whether to approve prosecution.

(2) The time limit for laying an information respecting an offence under this Act is one year after the facts on which the information is based first came to the knowledge of the chief electoral officer.

(3) A document purporting to have been issued by the chief electoral officer, certifying the day on which the chief electoral officer became aware of the facts on which an information is based, is admissible without proof of the signature or official character of the individual appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matter certified.

Prosecution of organizations and their directors and agents

253  (1) An act or thing done or omitted by an officer, director, employee or agent of an organization within the scope of the individual's authority to act on behalf of the organization is deemed to be an act or thing done or omitted by the organization.

(2) If an organization commits an offence under this Act, an officer, director, employee or agent of the organization who authorizes, permits or acquiesces in the offence commits the same offence, whether or not the organization is convicted of the offence.

(3) A prosecution for an offence under this Act may be brought against an unincorporated organization in the name of the organization and, for the purposes of the prosecution, the unincorporated organization is deemed to be a person.

Defence of due diligence

254  An individual or organization is not guilty of an offence under this Act if the individual or organization exercised due diligence to prevent the commission of the offence.

Vote buying

255  (1) An individual or organization must not pay, give, lend or procure inducement for any of the following purposes:

(a) to induce an individual to vote or refrain from voting;

(b) to induce an individual to vote or refrain from voting for or against a particular candidate or a candidate for a particular political party;

(c) to reward an individual for having voted or refrained from voting as described in paragraph (a) or (b).

(2) An individual must not accept inducement

(a) to vote or refrain from voting,

(b) to vote or refrain from voting for or against a particular candidate or a candidate for a particular political party, or

(c) as a reward for having voted or refrained from voting as described in paragraph (a) or (b).

(3) An individual or organization must not advance, pay or otherwise provide inducement, or cause inducement to be provided, knowing or with the intent that it is to be used for any of the acts prohibited by this section.

(4) An individual or organization must not offer, agree or promise to do anything otherwise prohibited by this section.

(5) An individual or organization prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another individual or organization on behalf of the individual or organization who is subject to the prohibition.

(6) During a campaign period, a candidate must not make a special contribution or special donation for any purpose, other than a political contribution, and an individual or organization must not solicit such a contribution or donation from a candidate.

(7) An individual or organization who contravenes this section commits an offence and is liable to one or more of the following penalties:

(a) a fine of not more than $20 000;

(b) imprisonment for a term not longer than 2 years;

(c) a prohibition for a period of not longer than 7 years from holding office as a member of the Legislative Assembly;

(d) a prohibition for a period of not longer than 7 years from voting in an election for a member of the Legislative Assembly.

Intimidation

256  (1) An individual or organization must not intimidate an individual for any of the following purposes:

(a) to persuade or compel an individual to vote or refrain from voting;

(b) to persuade or compel an individual to vote or refrain from voting for or against a particular candidate or a candidate for a particular political party;

(c) to punish an individual for having voted or refrained from voting as described in paragraph (a) or (b).

(2) An individual or organization must not, by abduction, duress or fraudulent means, do any of the following:

(a) impede, prevent or otherwise interfere with an individual's right to vote;

(b) compel, persuade or otherwise cause an individual to vote or refrain from voting;

(c) compel, persuade or otherwise cause an individual to vote or refrain from voting for a particular candidate or for a candidate of a particular political party.

(3) An individual or organization prohibited from doing something by this section must not do the prohibited act directly, indirectly or by another individual or organization on behalf of the individual or organization who is subject to the prohibition.

(4) An individual or organization who contravenes this section commits an offence and is liable to one or more of the penalties referred to in section 255 (7).

Corrupt voting

257  (1) An individual who does any of the following commits an offence:

(a) votes in an election when not entitled to do so;

(b) contravenes section 89 regarding voting more than once in an election;

(c) contravenes section 105 (3) by applying for more than one alternative absentee voting package;

(d) contravenes section 109 (6) by failing to mark a ballot in accordance with the directions of the voter being assisted;

(e) obtains a ballot in the name of another individual, whether the name is of a living or dead individual or of a fictitious individual.

(2) An individual who commits an offence under subsection (1) is liable to one or more of the penalties referred to in section 255 (7).

Subversion of election by an official

258  (1) An election official or voter registration official who contravenes this Act, a regulation under this Act or a direction of the chief electoral officer commits an offence if the official knew or ought to have known that the contravention would likely affect the results or validity of an election, whether or not it in fact has that effect.

(2) An individual or organization must not pay, give or lend inducement for the purpose of procuring a contravention of subsection (1).

(3) Section 255 (3) to (5) applies in relation to the prohibition under subsection (2) of this section.

(4) An individual or organization who contravenes subsection (2), or section 255 (3) to (5) as it applies under subsection (3) of this section, commits an offence.

(5) An individual or organization who commits an offence under this section is liable to one or more of the penalties referred to in section 255 (7).

Offences in relation to candidates

259  (1) An individual or organization who does any of the following commits an offence:

(a) purports to withdraw a candidate from an election without authority to do so;

(b) publishes or causes to be published a false statement that a candidate has withdrawn;

(c) contravenes section 67 respecting leave from employment for a candidate.

(2) An individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $10 000 or imprisonment for a term not longer than one year, or both.

Offences in relation to ballots and other election materials

260  (1) An individual or organization who does any of the following without authority under this Act commits an offence:

(a) supplies a ballot to an individual or organization;

(b) prints or reproduces a ballot or a paper that is capable of being used as a ballot;

(c) takes a ballot out of a place where voting proceedings are being conducted;

(d) puts in a ballot box, or causes to be put in a ballot box, anything other than a ballot that an individual is authorized to deposit there;

(e) destroys, takes, opens or otherwise interferes with a ballot paper, ballot, certification envelope, ballot box or voting book.

(2) An individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $10 000 or imprisonment for a term not longer than one year, or both.

Offences in relation to voting and counting proceedings

261  (1) An individual or organization who does any of the following commits an offence:

(a) contravenes section 90 (2) regarding the secrecy of the ballot;

(b) is present at a place where voting or counting proceedings are being conducted without being authorized under this Act to be present;

(c) contravenes section 74 regarding granting employees time free from work during general voting;

(d) without authority takes down, covers up, mutilates, defaces or alters a notice or other document authorized or required under this Act to be posted.

(2) An individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $10 000 or imprisonment for a term not longer than one year, or both.

Offences in relation to the registration of political parties and constituency associations

262  (1) An individual or organization who does any of the following commits an offence:

(a) uses, without authority, by purporting to be or be acting on behalf of the political party, any of the forms of identification of a registered political party filed with the chief electoral officer;

(b) fails to file information as required by section 159;

(c) fails to file a report in accordance with section 170 following deregistration;

(d) contravenes section 171 (1) respecting the funds of a political party or constituency association that is deregistered.

(2) An individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $10 000 or imprisonment for a term not longer than one year, or both.

Offences in relation to election financing

263  (1) An individual or organization who does any of the following commits an offence:

(a) consents to be appointed as a financial agent or auditor under this Act when not entitled to be appointed to the position;

(b) contravenes section 177 respecting the obligations of a financial agent;

(c) issues tax receipts other than in accordance with this Act and the Income Tax Act ;

(d) contravenes section 186, 187 or 188 regarding making or accepting a political contribution;

(e) contravenes section 189 regarding prohibited political contributions;

(f) contravenes section 193 regarding incurring election expenses or contestant expenses, or section 194 regarding equivalent expenses;

(g) contravenes section 196 by incurring an election expense in excess of the applicable election expenses limit, unless relief from the penalty for spending in excess of that limit has been granted by the Supreme Court under section 219;

(h) contravenes section 200 regarding election expenses that may be incurred by a registered constituency association;

(i) contravenes section 205 (1) regarding the disposition of the surplus for a candidate.

(2) An individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $10 000 or imprisonment for a term not longer than one year, or both.

Offences in relation to election advertising and other promotion

264  (1) An individual or organization who does any of the following commits an offence:

(a) contravenes section 230 respecting a restriction on election advertising;

(b) contravenes section 231 respecting identification of the sponsor of election advertising;

(c) contravenes section 232 respecting a rate charged for election advertising;

(d) contravenes section 233 or 233.1 respecting election advertising on general voting day;

(e) contravenes section 234 respecting a restriction on activities near an election office or voting place;

(f) and (g) [Repealed 2002-60-10.]

(h) contravenes section 239 respecting the requirement to be registered as a sponsor;

(i) fails to record information as required by section 241 (2).

(2) An individual or organization who commits an offence under subsection (1) is liable to a fine of not more than $10 000 or imprisonment for a term not longer than one year, or both.

Offences in relation to election and other officials

265  (1) An individual who does any of the following commits an offence:

(a) represents himself or herself as an election official if the individual is not an election official;

(b) represents himself or herself as a voter registration official if the individual is not a voter registration official;

(c) accepts appointment or acts as an election official when not qualified;

(d) contravenes section 18 (8) regarding the impartiality of a district electoral officer or deputy district electoral officer;

(e) impedes or obstructs an election official, a voter registration official or other individual in performing duties and exercising powers given to the individual under this Act.

(2) An individual who commits an offence under subsection (1) is liable to a fine of not more than $10 000 or imprisonment for a term not longer than one year, or both.

Offences in relation to false or misleading information

266  (1) An individual or organization who does any of the following commits an offence:

(a) provides false or misleading information when required or authorized under this Act to provide information;

(b) makes a false or misleading statement or declaration when required under this Act to make a statement or declaration.

(2) In the case of false or misleading information in a report under Part 10, the political party, constituency association, candidate or leadership contestant on whose behalf the report is filed commits an offence.

(3) An individual or organization is not guilty of an offence under this section if, at the time the information was given or the statement or declaration was made, the individual or organization did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.

(4) An individual or organization who commits an offence under this section is liable to a fine of not more than $20 000 or imprisonment for a term not longer than 2 years, or both.

Offence in relation to use of information

267  (1) An individual or organization who uses personal information referred to in section 275 except as authorized by that section commits an offence.

(2) An individual or organization who commits an offence under this section is liable to a fine of not more than $20 000 or imprisonment for a term not longer than 2 years, or both.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Schedule