Policy for the Administrative Monetary Penalties Regime at the Office of the Commissioner of Canada Elections

• Table of Contents

1.0 Overview

On June 13, 2019, amendments to the Canada Elections Act (the Act) came into force that provide for the creation of an administrative monetary penalties (AMP) regime. This regime provides the Commissioner of Canada Elections (the Commissioner) with a new means to address violations and promote compliance with the Act.

The Act establishes a framework for the issuance of Notices of Violation (NOV) and the imposition of AMPs, including:

• identifying contraventions for which a NOV can be issued;
• setting out the maximum amounts for AMPs;
• establishing the factors to determine the amount of an AMP;
• setting out the content of a NOV;
• providing the right to request a review of the alleged violation, or the amount of the AMP, or both; and
• allowing for the possibility of proposing an undertaking as an alternative to paying the AMP.

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2.0 Goals of the Policy

The Policy for the Administrative Monetary Penalties Regime of the Commissioner of Canada Elections (Policy) is a subset of the overarching Compliance and Enforcement Policy of the Commissioner of Canada Elections (C&E Policy) and is intended to ensure the fair, reasonable and efficient implementation of the AMP regime. The overarching C&E Policy describes all compliance and enforcement measures available to the Commissioner as well as how the Commissioner’s discretion in selecting the appropriate measure is to be exercised.

The Policy is intended to provide further details with respect to the use of AMPs as well as certain areas of the legislative regime. It also serves to inform stakeholders of how the regime is implemented.

For greater clarity throughout this document:

• the term “person” is used to describe individuals, corporations and entities.
• the term “violation” is used to describe acts and omissions—such as the failure to comply with terms and conditions of a compliance agreement or undertaking, or failure to comply with a requirement of the Chief Electoral Officer (CEO)—that may be dealt with by the issuance of a NOV.

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3.0 What is an Administrative Monetary Penalty?

An administrative monetary penalty is a compliance and enforcement measure available to the Commissioner. If the Commissioner believes on reasonable grounds that a person has committed a violation, she may serve the person with a NOV that sets out the amount of an AMP to be paid. In addition to the penalty amount, the NOV sets out, among other things, a description of the act or omission to which the Act refers. The NOV does not, however, impose any requirements other than paying the penalty.

AMPs have become an increasingly common feature of federal and provincial compliance and enforcement regimes in Canada. AMPs provide a financial disincentive to non-compliance and are an administrative alternative to other compliance and enforcement measures. For example, in a situation where a caution letter is not sufficient to promote compliance and a prosecution is too heavy-handed, an AMP may be the most appropriate measure to deal with a violation. In the consideration of which compliance and enforcement measure is best suited to enforce compliance, the factors listed in section 32 of the C&E Policy are paramount.

The purpose of an AMP is to promote compliance with the Act, not to punish. A person cannot be subject to both an AMP and a prosecution for the same violation. Also, an AMP carries no possibility of imprisonment, no penal consequences and does not result in a criminal record.

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4.0 Applicable Violations

Since June 13, 2019, certain contraventions of the Act may be dealt with through the imposition of an AMP. NOVs can only be issued for instances of non–compliance listed in section 508.1. These include contraventions such as voting while knowing that one is not a Canadian citizen or 18 years of age or older (section 281.3), voting in an electoral district where one is not ordinarily resident (section 281.4) or voting again–or attempting to vote again—after having voted at an election (section 281.5). Also included are contraventions to any provision of Parts 16 (Communications Rules), 17 (Advertising, Partisan Activities and Election Surveys Rules) and 18 (Financial Administration Rules) of the Act.

A NOV may also be issued to a person who fails to comply with a term or condition of a compliance agreement or of an undertaking or with a requirement of the CEO made under Parts 16, 17 or 18 of the Act.

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5.0 Rules Governing Violations

As stated in the C&E Policy, the Commissioner is always guided by the overarching objective of selecting the measure that is most likely to best serve the public interest in light of the specific circumstances of each case. To that end, a NOV will not always be the measure chosen to deal with a violation. Depending on the circumstances of the non-compliance, an information letter, a caution letter, an undertaking, a compliance agreement or even a prosecution can be the best way to deal with the contravention.

5.1 Continuing Violations

Section 508.2 states that a violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. Therefore, for the same violation occurring over a period of time, a separate NOV may be issued for each day during which the violation continues.

While a NOV can only be issued for violations that have taken place after June 13, 2019, if a violation has taken place before that day and is continuing, a NOV can be issued to deal with the violation.

5.2 AMP and Prosecution

Pursuant to section 508.3, if the Commissioner issues a NOV to deal with an alleged contravention, she cannot lay charges for the same contravention.

This means that the Commissioner’s discretion as to which measure to use ends with the issuance of the NOV (or the acceptance of an undertaking) or, alternatively, the laying of charges (or the conclusion of a compliance agreement).

5.3 Limitation Period

No NOV may be issued more than five years after the day on which the Commissioner became aware of the violation nor, in any case, later than 10 years after the day on which the violation occurred.

Subsection 521.12(2) provides that the Commissioner may sign a document certifying the date on which she became aware of the alleged violation, and allows for this document to be used as evidence in court proceedings.

5.4 Liability

Under section 521.27, any of the entity’s directors, officers, agents or mandataries who directed, authorized, assented to, etc., in the commission of the violation, is party to and is liable for the violation. They can therefore receive an AMP.

In addition, in accordance with section 521.28, if a third party commits a violation, the person responsible for that group, or its financial agent, can be issued an AMP if they authorized, consented to, or participated in the violation.

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6.0 Types of Violations

Violations have been divided into four types, based on the seriousness of the conduct and its effect on the electoral process or the political financing regime. Each type carries a different maximum penalty.

Annex A of this document outlines the violations as Type A, B, C or D, which are defined as follows:

• Type A are violations that constitute less serious compliance issues and are typically administrative in nature.

Example: Failure of a third party to close a bank account after all unpaid claims and outstanding balances have been dealt with (subsection 358.1(4)).

Example: Failure of a registered party to include a certified copy of their resolution to appoint a new party leader (subsection 405(3)).

• Type B are serious violations that are linked to non-compliance with the rules that govern and enhance the realization of the Act’s fundamental objectives.

Example: Failure to keep a copy of receipts for each contribution of more than $20 (subsection 366(1)).

Example: Failure of the chief agent of a registered party to include required information in the election expenses return (subsection 437(2)).

• Type C are more serious violations that, by their nature, cause harm to the fundamental objectives sought by the Act.

Example: A third party colluding with a registered party to circumvent the election expenses limit (subsection 431(2)).

Example: Failure to comply with a term or condition of a compliance agreement or undertaking (section 508.1).

• Type D (Illegal Voting Violations) are considered by the Commissioner to be among the most serious violations that cause harm to the integrity of the electoral process. Because of this, specific amounts have been assigned to these violations and are detailed in the table below.

Example: Voting more than once in a general election (section 281.5).

The fundamental objectives of the Act, for these purposes, include objectives such as: electoral fairness and ensuring a level playing field; transparency; the integrity of the electoral process; and the right of electors and candidates to participate in the electoral process.

6.1 Calculating the Amount of the AMP

Under subsection 508.5(1), the maximum penalty that a person can receive is:

• $1,500 for an individual; and
• $5,000 for a corporation or entity.

However, if an ineligible person makes a contribution to a party, association, candidate, etc. (section 363) or an individual makes a contribution in excess of the limits imposed by the Act (section 367), the maximum amount of the AMP is an amount equal to twice the amount that was contributed in contravention of that section, plus a maximum of:

• $1,500, in the case of an individual; and
• $5,000, in the case of a corporation or an entity.

Section 508.6 also establishes a non-exhaustive set of factors that the Commissioner considers in determining the amount of an AMP. The method by which an AMP is calculated is outlined below.

The baseline penalty amount is pre-determined, based on the type of violator (an individual or other) and the classification (Type A, B, C or D), as defined above.

Table 1 – AMP Amounts – Individuals

AMP Amounts for Individuals
Total Sum of Gravity Level	Type A	Type B	Type C
-2	$50	$100	$200
-1	$100	$200	$300
Baseline	$200	$300	$500
+ 1	$300	$500	$1,000
+ 2	$500	$1,000	$1,500

Table 1.1 – AMP Amounts – Corporations or Entities

AMP Amounts for Corporations or Entities
Total Sum of Gravity Level	Type A	Type B	Type C
-2	$300	$500	$750
-1	$500	$750	$1,000
Baseline	$750	$1,000	$1,500
+ 1	$1,000	$1,500	$3,000
+ 2	$1,500	$3,000	$5,000

Table 1.2 – AMP Amounts for Individuals - Illegal Voting

AMP Amounts for Individuals who Commit Illegal Voting Violations
Total Sum of Gravity Level	ILLEGAL VOTING
-2	$500
-1	$750
Baseline	$1,000
+ 1	$1,250
+ 2	$1,500

For violations related to illegal voting (sections 281.3, 281.4, 281.5), the baseline AMP is $1000 and the minimum AMP an individual can receive is $500, in a situation where there are two mitigating factors (-2 Gravity Level). The maximum AMP is $1,500 in a situation where there are two aggravating factors (+2 Gravity Level).

Mitigating or Aggravating Factors

The baseline penalty amount of an AMP is increased or decreased, depending on a number of adjustment factors that are listed in subsection 508.6(1) (see Table 2 below). They apply when the situation warrants and the sum of all gravity values determines how much the penalty will be increased or decreased from the baseline amount.

Mitigating factors that reduce the amount of the AMP are designed to promote certain behaviours, such as taking steps to avoid committing the violation in the future or providing all reasonable assistance to the Commissioner. On the other hand, there are aggravating factors that increase the amount of the AMP, such as consideration of the harm caused by the violation, if there was negligence on the part of the person, or past history of non-compliance. For example, for the purposes of item 9 in the table below, "any other aggravating or mitigating circumstances", the Commissioner can consider the degree of cooperation of the person with Elections Canada staff.

The AMP regime is designed in such a way that the maximum of aggregated gravity factors taken into consideration for the amount of the AMP is two, whether aggravating or mitigating. This means that even in a situation where the aggregation of all aggravating (+) or mitigating (-) factors results in a gravity level of more than +/- 2, a maximum of +/- 2, as the case may be, is applied.

Table 2 – Statutory Factors and Gravity Level (Subsection 508.6(1))

Item	Factors	Gravity*
1	Degree of intention or negligence on the part of the person that committed the violation	+1
2	Harm done by the violation*	+1
3	Whether the person derived any advantage from the violation	+1
4	Whether the person made reasonable efforts to mitigate or reverse the violation’s effects	-1
5	Whether the person has taken steps to avoid committing the violation in the future	-1
6	Whether the person has provided all reasonable assistance to the Commissioner with respect to the violation, including reporting it and providing any relevant information**	-1, or +1
7	The person’s history of compliance with provisions of the Act***	+X
8	The person’s ability to pay the penalty****	-1
9	Any other aggravating and mitigating circumstances	-1, or +1

* Harm done by the violation: Given that Type C and D violations always cause harm to the fundamental objectives sought by the Act, the aggravating factor of harm does not apply as it is already reflected in the baseline AMP amount.

** Reasonable assistance: The full and timely co-operation of all those involved in the review or investigation facilitates the efficient resolution of potential instances of non-compliance, and is considered a mitigating factor. In addition, a person who self-reports as having committed a violation can see the amount of their AMP reduced with the application of a mitigating factor. Conversely, the existence of bad faith in dealings with the Commissioner’s Office is considered an aggravating factor.

*** History of compliance: A person has a history of non-compliance if, in the 10 years preceding the violation, they were issued, for violations of a similar nature, a caution letter, a NOV, entered into a compliance agreement or an undertaking. This also includes any previous guilty verdict resulting from a prosecution. An example of a violation of a similar nature is a person having received a previous caution letter for a reporting/filing violation and being issued a NOV in relation to a new reporting/filing violation.

+X: Each past instance of violation of a similar nature is considered in the aggregation of all aggravating and mitigating factors, subject to the final +/- 2 maximum. “X” therefore represents the total number of past violations of a similar nature. For instance, if a person has a history of five violations of a similar nature (X=5), and two mitigating factors are also present (–1 and –1), the aggregation of all aggravating and mitigating factors will result in a gravity factor of +2 (i.e., +5 – 1 – 1 = +3, but maximum +2 applies).

**** Ability to pay the AMP: It is assumed that violators have the ability to pay the AMP. Exceptions can be made where the amount of the AMP can be reduced, in special circumstances, based on a review of the facts of the violation, and upon the receipt of credible evidence by the person that establishes their limited ability to pay.

The fact that a violation of the Act was committed by a volunteer may, in certain circumstances, be given consideration in choosing the compliance and enforcement measure to deal with the violation, or as a mitigating factor in the calculation of an AMP.

Finally, the Commissioner retains the discretion to impose a penalty amount that is lesser or greater than the amounts set out in Tables 1, 1.1 and 1.2. In such a case, the Commissioner provides the grounds for the exercise of her discretion in the NOV.

6.1.1 Examples of Penalty Amount Calculations

6.1.1.1 Issuance of Receipts

The Commissioner receives a complaint that a person by the name of John Doe, who was the financial agent for the Party of Something Canada issued tax receipts for the contributions of more than $20 he received, but didn’t keep any copies of the receipts he issued.

During the investigation, Mr. Doe was cooperative, apologetic, and explained that he mistakenly believed he did not have to keep copies of the receipts he issued, regardless of the amount. Mr. Doe has no prior history of non-compliance with the Act.

A violation of subsection 366(1) is a Type B violation, which has a baseline amount of $300 for individuals. The Commissioner then considered all the factors set out in Table 2; only the applicable factors are shown below.

Item	Applying the facts to the criteria	Gravity
6	Whether the person has provided all reasonable assistance to the Commissioner with respect to the violation (…)	-1
Total Sum of Gravity Level		-1

Using the AMP amounts for Individuals Table (Table 1), Mr. Doe will have to pay a $200 AMP.

6.1.1.2 Contribution Limits

The Commissioner receives a complaint alleging that a person by the name of Janet Doe made contributions over her 2019 contribution limits. The investigation uncovers that in January 2019, Ms. Doe contributed $3,000 by cheque to the Example Party of Canada in violation of paragraph 367(1)(a) of the Act. Ms. Doe refused to cooperate with the investigator from the Office of the Commissioner of Canada Elections (OCCE) when he tried to contact her.

In 2019, an individual was only permitted to contribute $1,600 to a particular registered party. Ms. Doe has a history of non-compliance with the Act, as she previously received a caution letter for having over-contributed in 2015. The investigator also discovers that Ms. Doe has been encouraging others to contribute over their contribution limits on her weekly blog.

The Commissioner decides to issue Ms. Doe a $4,300 AMP. Here is how it was calculated: a violation of paragraph 367(1)(a) is a Type C violation, which has a baseline amount of $500 for individuals. The Commissioner then considered all the factors set out in Table 2; only the applicable factors are shown below.

Item	Applying the facts to the criteria	Gravity
1	Degree of intention or negligence on the part of the that committed the violation	+1
6	Whether the person or entity has provided all reasonable assistance to the Commissioner with respect to the violation (…)	+1
7	The person’s history of compliance with the Act	+1
Total Sum:  +3 (Note: maximum possible is +2)		+2

In addition, for situations of contributions in excess of the legal limit, subsection 508.5(2) provides that the maximum AMP is an amount equal to twice the amount that was contributed in contravention of section 367, plus the amount calculated using the AMP amounts for individuals. In Janet Doe’s situation, the calculation is as follows:

• $3,000 (Janet Doe’s contribution) - $1,600 (2019 contribution limit) = $1,400
• $1,400 x 2 = $2,800
• $2,800 + $1,500 (baseline amount + total sum of gravity level of +2 = $1,500) = $4,300

Janet Doe will have to pay a $4,300 AMP.

6.1.1.3 Prohibition – Use of Foreign Funds

The Commissioner receives a complaint alleging that John Doe Inc., a third party, used foreign funds to produce election advertising. The investigation uncovers that a foreign government gave John Doe Inc. $450 to produce flyers promoting the Do Party of Canada. The company used those funds to produce election advertising flyers which they distributed in the electoral district of Ottawa–Vanier during the 2019 federal general election period, in violation of section 349.02.

The company fully cooperated during the investigation, admitting to having used the foreign funds because it was unaware of the prohibition. The president of the company informs the investigator that he has since implemented a corporate policy which ensures that all funds received for election advertising are from Canadian sources. The company has a previously signed compliance agreement with the Commissioner for having refused three consecutive hours off to vote for its employees during the 2015 federal general election.

A violation of section 349.02 is a Type C violation, which has a baseline amount of $1,500 for corporations or entities. The Commissioner then considered all the factors set out in Table 2; only the applicable factors are shown below.

Item	Applying the facts to the criteria	Gravity
5	Whether the person has taken steps to avoid committing the violation in the future	-1
6	Whether the person has provided all reasonable assistance to the Commissioner with respect to the violation (…)	-1
Total Sum		-2

In this particular situation, the history of non-compliance with the Act does not apply as this is not a violation of a similar nature as the current one. Using the AMP amounts for Corporations or Entities Table (Table 1.1), John Doe Inc. will have to pay a $750 AMP.

6.1.1.4 Appointment of Chief Agent – Failure to Provide a Report

On June 28, 2019, chief agent of Canada’s Premier Party, Ms. Anne Does, resigns as she is moving abroad to Europe with her family. The party appoints a replacement for Ms. Does on July 2, 2019. Under subsection 400(2) of the Act, a report must be provided to the CEO within 30 days of the appointment of a new chief agent, i.e., no later than August 1, 2019. The report was provided with a signed consent from the new chief agent on October 7, 2019, which is 68 days late.

Canada’s Premier Party has previously received a caution letter in March of 2016, regarding a violation related to a filing requirement from the 2015 federal general election.

A violation of subsection 400(2) is a Type B violation, which has a baseline amount of $1,000 for corporations or entities. The Commissioner then considered all the factors set out in Table 2; however, only the applicable factors are shown below.

Item	Applying the factors	Gravity
7	The person’s history of compliance with provisions of the Act	+1
Total Sum		+1

Using the AMP amounts applicable to Corporations or Entities Table (Table 1.1), Canada’s Premier Party will have to pay a $1,500 AMP.

6.1.1.5 Voting while not qualified as an elector

The Commissioner receives a complaint that a person by the name of Johnny Doe voted in the 2019 federal general election while not qualified as an elector, i.e., he was not a Canadian citizen.

During the investigation, evidence is gathered showing that on October 21, 2019, Mr. Doe signed a registration certificate declaring that he was a Canadian citizen and proceeded to cast his ballot on polling day in the electoral district of North Island–Powell. When questioned by an investigator from the OCCE, Mr. Doe was very cooperative, apologetic and admitted that he did vote during the 2019 federal general election, knowing that he was not a Canadian citizen. Mr. Doe has no prior non-compliance history with the Act.

A violation of section 281.3 is a Type D violation, which has a baseline amount of $1,000. The Commissioner then considered all the factors set out in Table 2; only the applicable factors are shown below.

Item	Applying the factors	Gravity
1	Degree of intention or negligence on the part of the person that committed the violation	+1
Total Sum		+1

Using the AMP amounts set out in Table 1.2, Mr. Doe will have to pay a $1,250 AMP.

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7.0 Issuance of a NOV

The Commissioner may issue a NOV to a person when she has reasonable grounds to believe that the person has committed a violation of the Act.

The Commissioner can also delegate the power to issue a NOV to a member of her staff. To this end, the Commissioner has delegated the power to issue NOVs where the amount of the penalty is $500 or less, in the case of an individual, or $1,500 or less, in the case of a corporation or an entity. This also includes the authority to accept or refuse undertakings related to NOVs issued, or to circumstances where NOVs could be issued, if the amount of the penalty is $500 or less, in the case of an individual, or $1,500 or less, in the case of a corporation or an entity.

The Commissioner favours issuing a NOV by electronic means (email) when she, her staff or Elections Canada staff, has had previous communications over the last six months prior to issuing the NOV, using the person’s email address. A NOV can also be issued by registered mail or courier. The NOV can also be sent to a person’s authorized representative (e.g., a lawyer or a legal representative).

The date of service of a NOV is determined in the manner set out below:

• If the NOV is left with a person, the day of service is the day on which it is left with the person;
• If the NOV is sent by registered mail or courier, the day of service is on the 10th day after the date indicated in the receipt issued by the post office/courier, for example, if the date on the receipt is August 1st, the day of service is August 11;
• If the NOV is sent by email or fax, the day of service is the day that the email or fax is sent.

In order to assist a person receiving an AMP, the NOV clearly identifies the facts of the situation giving rise to the violation. It:

• sets out the person’s name;
• identifies the provision of the Act that was contravened;
• identifies the act or omission to which the violation relates;
• sets out the amount of the AMP that the person has to pay;
• sets out the particulars regarding the manner to pay the AMP;
• specifies the person's right to request a review by the CEO or the Commissioner, as the case may be, of the alleged violation, proposed penalty or both, and sets out the manner for doing so;
• specifies the person's right to provide an undertaking that, if accepted by the Commissioner, end the proceedings commenced by the NOV; and
• informs the person of the consequences of failing to pay the AMP, request a review or provide the Commissioner with an undertaking.

In addition, the NOV includes an assessment of the statutory gravity factors.

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8.0 Requesting a Review of an AMP

A person who is served with a NOV may request a review of the alleged violation, of the amount of the penalty, or of both. This request must be made within 30 days after the day on which the NOV is served and is reviewed:

• by the Commissioner, if the amount of the penalty is $500 or less in the case of an individual, or $1,500 or less in the case of a corporation or entity; or
• by the CEO, if the amount of the penalty is more than $500 in the case of an individual, or more than $1,500 in the case of a corporation or entity.

Regardless of who conducts the review, a person requesting a review must use the form available on the Commissioner’s website and send it to the address indicated on the form.

The Act requires that the Commissioner or CEO’s decision on a review be based only on written evidence and written submissions.

An AMP Secretariat has been created at the OCCE to oversee the review process, including receiving, collating and forwarding the arguments and written submissions that accompany a review request to the Commissioner or the CEO, as the case may be.

Once a review request has been received, the AMP Secretariat communicates with the applicant and advises the applicant of the procedure to follow to prepare and submit the written evidence and arguments in support of his request. In addition, a copy of the documents on which the decision-maker based their decision are provided to the applicant.

The applicant has 45 days to submit their evidence and written arguments, which explain the reasons for their request, to the AMP Secretariat. The evidence and written arguments can outline defences as well as provide new facts. These may be facts that were unknown to the Commissioner (or the delegate) at the time that the NOV was issued or the existence of a mitigating factor that was not identified in the NOV.

Pursuant to section 521.23, if the applicant can establish that due diligence was exercised to prevent the commission of the violation, the applicant cannot be found to have committed the violation. A person can also benefit from any justification or excuse available in common law in relation to a violation for which a NOV was issued, as long as it is not inconsistent with the Act. For instance, the defences of officially induced error or of necessity can be invoked.

Once the written evidence and submissions are provided by the applicant, the AMP Secretariat communicates with the Commissioner or the delegate, who have 15 days to determine if they want to use their right to reply and respond to the submissions provided by the applicant. If they see fit, they may raise additional arguments or written evidence of which will be communicated to the applicant and presented to the reviewer.

The AMP Secretariat communicates with the applicant and provides him with 15 days for a final reply.

Once the 15-day timeline has elapsed, the file is submitted to the Commissioner or the CEO, who conducts the review and usually renders their decision within a 90-day timeframe. This timeframe may be extended if there are extraordinary circumstances or during an election period. A copy of the decision taken by the Commissioner or CEO is sent to the applicant. If the review is conducted by the CEO, a copy of the decision is also sent to the Commissioner.

Depending on the scope of the request for review, the Commissioner or the CEO, as the case may be, may:

• determine that the person did not commit the violation, thereby ending the proceedings;
• determine that the AMP should not have been issued for the violation; or
• confirm or reduce the amount of the AMP.

Determinations regarding whether or not the person committed the violation are made on a balance of probabilities. This legal standard of proof has been met where the violation is more likely than not to have occurred (the probabilities are higher than 50%).

If the Commissioner or the CEO determines that the person committed the violation, the person is liable for the total amount of the penalty or the reduced amount of the penalty, as set out in the decision. The person then has 30 days after they are served with the decision to pay the AMP. If the person does not pay within this 30-day period, the person is deemed to have committed the violation and recovery measures can be initiated (section 521.2).

The decision of the Commissioner or CEO on a review cannot be appealed. However, it may be challenged by way of an application for judicial review under the Federal Courts Act (FCA). The grounds of an application for judicial review are relatively narrow - see subsection 18.1(4), of the FCA.

The following tables highlight key steps in the review process. The timelines outlined below, except statutory deadlines identified by an asterix (*), are service standards that an applicant can reasonably expect under normal circumstances. They may be subject to change in extraordinary circumstances or during an election period.

Cases where the Commissioner of Canada Elections (CCE) conducts review
Steps in the Review Process		Timeline	Outcome
Request for review received		Within 30 days1 of receiving Notice of Violation (NOV)*	Review is requested on the amount of the penalty, the facts of the violation, or both. Submission is received through online form, by mail, or by email. Preference for format of correspondence (email or mail) is established.2
Acknowledgement of receipt sent to the applicant by the AMP Secretariat		Same day or within days of receiving review request	Acknowledgement of receipt is sent via email or by mail.
Disclosure package released to the applicant		Within 21 days of request being received	The applicant is sent disclosure information and informed that they have 45 days to submit written evidence and submissions.
The applicant files written submissions supporting the request for review		Within 45 days of receiving the disclosure package	The applicant provides submissions and evidence to support the request. Such can include potential defenses, new facts or mitigating circumstances.
Acknowledgement of receipt sent to the applicant by the AMP Secretariat		Same day or within days of receiving submissions	Acknowledgement of receipt is sent via email or by mail. Acknowledgement notes that the Delegate has 15 days to determine whether he will formally reply to the Applicant’s written submissions.
The delegate reviews submissions and makes determination whether to respond formally	If YES – Formal reply (addressed to the CCE) is sent to the applicant	Within 15 days of receiving written submissions	If YES The delegate provides response to submissions informing the applicant that they have 15 days to provide a final written response.
	If NO – Correspondence sent to the applicant informing them that the delegate will not provide an additional reply		If NO The delegate informs the applicant that there will be no additional reply provided and that the file will be sent directly to the CCE for review.
The applicant provides a reply to the response from the delegate (this step is not mandatory)		Within 15 days of receiving response from the delegate	The applicant may submit additional written submissions as a final reply.
The AMP Secretariat sends entire file to the CCE		Within 5 days after receiving final reply from the applicant	File is now at review the stage.
The CCE issues decision on the review and written decision is communicated to the applicant and to the delegate		Within 90 days from receiving file from the AMP Secretariat	Review decision is made: the AMP is either upheld, reduced, or cancelled and decision is shared with the applicant.
The AMP Secretariat prepares summary of NOV for the Office of the Commissioner of Canada Elections (OCCE) website and publication		30 days after the day final the decision is sent to the applicant*	Information on the NOV is published on the OCCE website after the AMP is paid or at the expiry of the 30-day period to pay. Review process is concluded. Note that no information is published on the OCCE website if the review decision ultimately cancels the AMP.
Result of Review	AMP upheld or reduced: applicant must pay the AMP (original or reduced amount)	Within 30 days after the day the final decision is received*	If the AMP is paid – person is deemed to have committed the violation and process ends.
			If the AMP is not paid – person is deemed to have committed the violation and money owed becomes a debt to Her Majesty.
	AMP cancelled: no AMP to be paid	N/A	Process ends.
Note: A review decision from the CCE cannot be appealed. However, it can be challenged by way of an application for judicial review under the Federal Courts Act. An application for judicial review does not suspend publication of the NOV.

¹ All “days” referred to in this document are calendar days.

² All noted correspondence with the Applicant will follow the preference determined here.

Cases where the chief electoral officer (CEO) conducts review
Steps in the Review Process		Timeline	Outcome
Request for review received		Within 30 days of receiving Notice of Violation (NOV)*	Review is requested based on the amount of the penalty, the facts of the violation, or both. Submission is received through online form, by mail, or by email. Preference for format of correspondence (email or mail) is established.
Acknowledgement of receipt sent to the applicant by the AMP Secretariat		Same day or within days of receiving review request	Acknowledgement of receipt is sent via email or by mail.
Disclosure package released to the applicant		Within 21 days of request being received	The applicant is sent disclosure information and informed that they have 45 days to submit written evidence and submissions.
The applicant files written submissions supporting the request for review		Within 45 days of receiving the disclosure package	The applicant provides submissions and evidence to support the request. Such can include potential defenses, new facts or mitigating circumstances.
Acknowledgement of receipt sent to the applicant by the AMP Secretariat		Same day or within days of receiving submissions	Acknowledgement of receipt is sent via email or by mail. Acknowledgement notes that the Commissioner of Canada Elections (CCE) has 15 days to determine whether she will formally reply to the applicant’s written submissions.
The CCE reviews submissions and makes determination whether to respond formally	If YES – Formal response (addressed to the CEO) is sent to the applicant	Within 15 days of receiving written submissions	If YES The CCE provides response to submissions informing the applicant that they have 15 days to provide a final written response.
	If NO – Correspondence sent to the applicant informing them that the CCE will not provide an additional reply		If NO The CCE informs the applicant that there will be no additional reply provided and that the file will be sent directly to the CEO for review.
The applicant provides a reply to the CCE’s response (this step is not mandatory)		Within 15 days of receiving response from the CCE	The applicant may submit additional written submissions as a final reply.
The AMP Secretariat sends entire file to the CEO		Within 5 days after receiving final reply from the applicant	File is now at review the stage.
The CEO issues decision on the review and written decision is communicated to the applicant and to the CCE		Within 90 days from receiving file from the AMP Secretariat	Review decision is made and the CEO shares it with the applicant as well as sending a copy to the CCE. The AMP is upheld, reduced, or cancelled.
The AMP Secretariat prepares summary of NOV for the Office of the Commissioner of Canada Elections (OCCE) website and publication		30 days after the day the final decision is received by the OCCE*	Information on the NOV is published on the OCCE website after the AMP is paid or at the expiry of the 30-day period to pay. Review process is concluded. Note that no information is published on the OCCE website if the review decision ultimately cancels the AMP.
Result of Review	AMP upheld or reduced: The applicant must pay the AMP (original or reduced amount)	Within 30 days after the day the final decision is received*	If the AMP is paid – person is deemed to have committed the violation and process ends.
			If the AMP is not paid – person is deemed to have committed the violation and money owed becomes a debt to Her Majesty.
	AMP cancelled: no AMP to be paid	N/A	Process ends.
Note: A review decision from the CEO cannot be appealed. However, it can be challenged by way of an application for judicial review under Federal Courts Act. An application for judicial review does not suspend the publication of the NOV.

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9.0 Publication of the AMP

Pursuant to subsection 521.34(1), a notice is published by the Commissioner, once a person is deemed to have committed the violation. This occurs:

• upon payment of the AMP by the person;
• if the person fails to pay the AMP in the required timeframe;
• if the person fails to request a review in the required timeframe;
• if the person fails to enter into an undertaking with the Commissioner; or
• if the AMP is confirmed upon review by the Commissioner or the CEO (as the case may be). Where a person requests a review of their AMP, publication of the notice takes place once the 30 day-deadline to pay to AMP ends. This 30-day timeline begins the day after the person is served (i.e., receives a copy) of the review decision.

The information, published on the Commissioner’s website, will include the name of the person deemed to have committed the violation, the act, omission or failure to comply to which the violation relates, and the amount of the AMP.

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10.0 Undertaking

Pursuant to section 521.13, a person who receives a NOV can contact the Office of the Commissioner, within 30 days after the day on which the NOV was served, to discuss the possibility of providing the Commissioner (or the delegate) with a proposed written undertaking.

An undertaking is a pledge made by a person that did not comply with a requirement of the Act that is accepted by the Commissioner (or the delegate) as a means of addressing a case of non-compliance. It contains the terms and conditions that the Commissioner (or the delegate) considers appropriate. For example, a candidate can undertake to provide their official agent with all documents and information in their possession that are necessary for the preparation of the election campaign return, in situations where the return has not been submitted to the CEO. Also a term and condition of the undertaking could include that an amount be paid for the violation committed.

In order to maintain transparency, and as required by the Act, undertakings are published on the Commissioner’s website.

If the Commissioner (or the delegate) accepts the undertaking, this ends the proceedings involving the NOV and the person does not have to pay the AMP. However, if the undertaking is not accepted, the person must either pay the AMP within 30 days of being informed of the Commissioner’s (or the delegate’s) refusal, or request a review, as detailed in Section 8 above.

In some instances, the Commissioner’s Compliance Officers may approach a person to propose that the matter be dealt with through an undertaking, even before a NOV is issued, if it is believed that an undertaking is a more efficient way to achieve compliance. Should the matter not be resolved with an undertaking, the Commissioner (or the delegate) may then issue a NOV.

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11.0 Payment and Recovery of Penalties

Instructions on how to pay the AMP, where to send the payment and acceptable payment options are included in the NOV. Paragraph 521.31(1)(b) specifies that the amount of the AMP that remains unpaid after the expiry of the 30 days is a debt due to Her Majesty in right of Canada, which may be recovered in the Federal Court.

When a payment is late or has not been made, interests will be charged, compounded monthly at the average bank rate plus 3% from the due date to the day before the date that payment is received.

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Annex A – Categorization of Violations under the Act

Type A Violations (Violations that constitute less serious compliance issues and are typically administrative in nature)
Section	Description of Violation
326(2.1)	Failure of first person who transmits the results of an election survey to ensure sponsor of election survey is notified of the date of transmission of the election survey results
349.91(3)	Failure of third party to indicate in the interim third-party expenses return that there were no expenses incurred
357.01(3)	Failure of third party to indicate that there were no expenses incurred in the interim third-party expenses return
358.1(4)	Failure of third party to close the bank account after all unpaid claims and outstanding balances have been dealt with
358.1(5)	Failure of third party to provide the CEO with the final statement of the account on closing
359(3)	Failure of third party to indicate that there were no expenses incurred in the third-party expenses return
380(2)	Failure of person who made the payment to keep a record of the nature of an expense under $50 and proof that it was paid
399	Failure of registered party to obtain at appointment, the officers, chief agent or auditors signed consent to act in that capacity
401	Registered party having more than one chief agent or auditor at a time
405(3)	Failure of registered party to include a certified copy of a party resolution to appoint a new party leader
405(4)	Failure of registered party to include a signed consent in a report that involves the replacement of an officer, the chief agent or the auditor
406(2)	Failure of registered party to include a certified statement that sets out the names of person(s) who are authorized to endorse prospective candidates at a general election
454	Failure of registered association to adjust the fiscal period so that it ends at the end of the calendar year
459	Failure of registered association to obtain at appointment, the financial agent and auditor's signed consent to act in that capacity
461	Registered association having more than one financial agent or auditor at a time
463(2)	Failure of registered association to include the signed consent of the new financial agent or auditor in the information change report
476.5	Failure of nomination contestant to obtain at appointment, the financial agent's signed consent to act in that capacity
476.61	Nomination contestant having more than one financial agent at a time
476.65(2)	Failure of nomination contestant's financial agent to name the account holder as "(name of the financial agent), financial agent"
476.65(4)	Failure of nomination contestant's financial agent to close the campaign bank account following the selection date or the withdrawal or the death of the nomination contestant
476.65(5)	Failure of nomination contestant's financial agent to provide the CEO with the final statement of the campaign bank account
476.74	Failing to notify the CEO that proceedings to recover an unpaid claim have been commenced
476.78	Nomination contestant having more than one auditor at a time
476.94(1)	Failure of nomination contestant's financial agent to provide the CEO with a notice of disposal of surplus with required information within seven days of disposing of the surplus
477.41	Failure of candidate to obtain at appointment, the auditors or official agents signed consent to act in that capacity
477.43	Candidate having more than one financial agent or auditor at a time
477.46(2)	Failure of candidate's official agent to name the account holder as "(name of the official agent), official agent"
477.46(4)	Failure of candidate's official agent to close the campaign bank account following the election date or the withdrawal or the death of the candidate
477.46(5)	Failure of candidate's official agent to provide the CEO with the final statement of the campaign bank account
477.58	Failure of candidate to notify the CEO that proceedings to recover an unpaid claim has been commenced
477.83(1)	Failure of candidate’s official agent to provide the CEO with a notice of disposal of surplus with required information within seven days of disposing of the surplus
477.85	Registered agent of a registered party, financial agent of a registered association and financial agent of a nomination contestant transferring funds to a candidate after polling day
477.86	Failure of candidate and their official agent to use the prescribed forms for official receipts to contributors
477.88(2)	Failure of candidate and their official agent to return the unused tax receipt forms to the CEO within a month of polling day
478.62	Failure of leadership contestant to obtain at appointment, the financial agent and auditor's signed consent to act in that capacity
478.64	Leadership contestant having more than one financial agent or auditor at a time
478.66(2)	Failure of leadership contestant to include the signed consent of the new financial agent or auditor in the information change report
478.72(2)	Failure of leadership contestant's financial agent to name the account holder as "(name of the financial agent), financial agent"
478.72(4)	Failure of leadership contestants' financial agent to close the campaign bank account following the end of the leadership contest or the withdrawal or death of the leadership contestant
478.79	Failure of leadership contestant to notify the CEO that proceedings to recover an unpaid claim has been commenced

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Type B Violations (Serious violations linked to non-compliance with the rules that govern and enhance the realization of the Act’s fundamental objectives)
Section	Description of Violation
320	Failure of candidate, registered party, or a person acting on their behalf to indicate on election advertising that its transmission was authorized
322	Prohibiting a tenant or condominium owner from displaying election advertising posters on residential premises (landlord or condominium corporation)
325.1(3)	Failure of owner or operator of an online platform to include required information in the registry of partisan advertising and election advertising messages
325.1(4)	Failure of owner or operator of an online platform to publish the registry of partisan advertising and election advertising messages for required period of time
325.1(5)	Failure of owner or operator of an online platform to keep advertising registry information for five-year period
326(3)	Failure of election survey sponsor to ensure report on election survey results is published and remains available to the public for the required period
328	Transmission of election survey results that have not previously been transmitted to the public, during the blackout period
349.6(4)	Failure of third party to inform CEO with required information about the new financial agent and to include a declaration from financial agent accepting the appointment
349.8(1)	Failure of third party to appoint an auditor
349.8(2),(3)	Acting as a third-party auditor while not being eligible
349.8(4)	Failure of third party to notify CEO of auditor appointment and required information
349.8(5)	Failure of third party to provide CEO with notification of new auditor appointment and required information
349.9(1)	Failure to have regulated expenses authorized and have contributions authorized by the financial agent
349.91(2)	Failure of third party to include required information in the interim third-party expenses return
349.91(4)	Failure of third party to include in the interim expenses return contributions information
349.91(10)	Failure of third party to provide documents evidencing expenses of $50 or more at the request of the CEO
353(4)	Failure of third party to provide CEO with required information about the new financial agent and to include a declaration from the financial agent accepting the appointment
355(1)	Failure of third party to appoint auditor
355(4)	Failure of third party to provide CEO with required information about the auditor and to include a declaration from the auditor accepting the appointment
355(5)	Failure of third party to provide CEO with required information about the new auditor and to include a declaration from the auditor accepting the appointment
357(1)	Failure of financial agent of a third party to authorize regulated expenses and contributions
357.01(2)	Failure of third party to include required information in the interim third-party expenses return
357.01(4)	Failure to include contributions information in the interim expenses return
357.01(10)	Failure of third party to provide documents evidencing expenses of $50 or more at the request of the CEO
358.1(1)	Failure of third party to open a separate bank account for its regulated expenses and contributions
358.1(3)	Failure of third party to use the separate bank account for all its regulated expenses and contributions to be carried out during the pre-election and election period
359(2)	Failure of third party to include required information in the third-party expenses return
359(4)	Failure of third party to include contributions information in the third-party expenses return
359(9)	Failure of third party to provide documents evidencing expenses of $50 or more at the request of the CEO
360(2)	Failure of third-party auditor to report on the third-party expenses return and to make any examination that will enable the auditor to give an opinion as to the information in the report
360(3)	Failure of third-party auditor to include in the report statement(s) that the auditor considers necessary
366(1)	Failure of person authorized by a registered party, registered association, nomination contestant, candidate or leadership contestant to issue and keep a copy of receipts for each contribution over $20 that is accepted
366(2)	Failure of person authorized by a registered party, registered association, nomination contestant, candidate or leadership contestant to record required information after accepting anonymous contributions of less than $20 per individual at a meeting or fundraising event of a political entity
371	Making a cash contribution that exceeds $20
380(1)	Failure of agent or other authorized person of a registered party, registered association, nomination contestant, candidate or leadership contestant to keep a copy of the invoice evidencing an expense of $50 or more
381(3)	Failure of person who is authorized to pay a petty expense to provide a statement of payments and documentation of expenses within three months
381(4)	Person authorized to pay petty expenses paying petty expenses over the maximum amount they are authorized to pay
385.1(1)	Failure of leader of a political party to provide the CEO with a policy for the protection of personal information and internet address to the policy on the party's website three months after June 13, 2019
395(1)	Failure of registered party to have at least three officers in addition to the leader of the party
395(2)	Acting as an officer of a registered party or eligible party while being ineligible
395(3)	Failure of registered party to appoint a replacement officer within 30 days if the remaining number of officers is less than four
395(4)	Failure of registered party to provide the CEO with a report on the appointment of an officer within 30 days of the appointment
396(2)	Failure of registered party to provide the CEO with a certified and complete report on the appointment of a registered agent within 30 days of the appointment
397(2)	Acting as a chief agent, registered agent or agent of a registered party while being ineligible
398(2), 403(3)	Acting as an auditor for a registered party while being ineligible
400(2)	Failure of registered party to provide the CEO with a report on the appointment of a chief agent or auditor within 30 days of the appointment
403(1)	Acting as an officer of a registered party while being ineligible
403(2)	Acting as a chief agent or registered agent of a registered party while being ineligible
405(1)	Failure of registered party to report in writing a change in information to the CEO within 30 days of the change
406(1)	Failure of registered party to provide the CEO with a statement confirming the validity of the information about the party in the registry of political parties; or the report of the change within 10 days after the issue of the writs
407(1)	Failure of registered party to provide the CEO with a certified statement confirming the validity of the information about the party in the registry of political parties; or the report of the change on or before June 30th of every year
407(2)	Failure of registered party to provide the CEO with the names, addresses and declarations of 250 electors on or before June 30th every third year
407(3)	Failure of registered party to provide the CEO a with a declaration by the leader concerning the party`s purposes and the party`s fundamental purposes on or before June 30
426(1)	Paying registered party expenses while not authorized or not a registered agent
426(2)	Incurring registered party expenses while not a registered agent
426(2.1)	Failure of a registered agent of a registered party to obtain the written authorization of the chief agent before incurring party expenses
426(3)	Accepting contributions or borrowing money while not being a registered agent of a registered party
426(4)	Accepting a provision of goods or services, transfer of funds; or providing goods or services, or transfer funds while not being a registered agent of a registered party
427	Failure to send an invoice or evidence of a claim to a registered party or one of its registered agents
432(2)	Failure of chief agent of a registered party to include required information in the financial transactions returns
432(3)	Failure of chief agent of a registered party to provide the CEO with a report on an amendment to the information in a financial transactions return
432(5)	Failure of the chief agent of a registered party to provide the CEO with the financial transactions return and other required documents within six months of the end of the fiscal period
432(6)	Failure of the chief agent of a registered party to include required information in the statement of unpaid claims
432(7)	Failure of the chief agent of a registered party to include required information concerning unpaid claims 18 months after polling day
433(2)	Failure of the chief agent of a registered party to provide the CEO with a quarterly return within 30 days after the end of the period to which it relates
435(1)	Failure of registered party's auditor to report to the party’s chief agent on the party`s financial transactions return and to make any examination that will enable the auditor to give an opinion as to the information in the report
435(2)	Failure of registered party's auditor to include in the report statement(s) that the auditor considers necessary
437(2)	Failure of chief agent of a registered party to include required information in the election expenses return
437(3)	Failure of chief agent of a registered party to provide the CEO with the election expenses return and other required documents within eight months of polling day
438(1)	Failure of registered party's auditor to report to the party’s chief agent on the party`s election expenses return and to make any examination that will enable the auditor to give an opinion as to the information in the report
438(2)	Failure of registered party's auditor to include in the report statement(s) that the auditor considers necessary
456(2)	Failure of registered association to provide the CEO with a certified and complete report on the appointment of an electoral district agent within 30 days of the appointment
457(2)	Acting as a financial agent or an electoral district agent of a registered association while being ineligible
458(2), 462(2)	Acting as an auditor of a registered association while being ineligible
462(1)	Acting as financial agent, electoral district agent of a registered association while being ineligible
463(1)	Failure of registered association to report in writing a change in information to the CEO within 30 days of the change
464	Failure of registered association to provide the CEO with a certified statement confirming the validity of the information about the party in the registry of political parties; or the report of the change on or before May 31st of every year
475(1)	Paying registered association expenses while not being an electoral district agent
475(2)	Incurring registered association expenses while not being an electoral district agent
475(3)	Accepting contributions or borrowing money while not being an electoral district agent
475(4)	Accepting a provision of goods or services, transfer of funds; or providing goods or services, or transfer funds while not being the financial agent of a registered association
475.1	Failure to send an invoice or evidence of a claim to a registered association or one of its electoral district agents
475.4(2)	Failure of registered association's financial agent to include required information in the financial transactions return
475.4(3)	Failure of registered association's financial agent to provide the CEO with a report on an amendment to the information in a financial transactions return
475.4(5)	Failure of registered association's financial agent to provide the CEO with the financial transactions return and other required documents within five months of the end of the fiscal period
475.4(6)	Failure of registered association's financial agent to include required information in the statement of unpaid claims
475.4(7)	Failure of registered association's financial agent to include required information concerning unpaid claims 18 months after polling day
475.6 (1)	Failure of registered association's auditor to report to the party’s chief agent on the association`s financial transactions return and to make any examination that will enable the auditor to give an opinion as to the information in the report
475.6(2)	Failure of registered association's auditor to include in the report statement(s) that the auditor considers necessary
475.9(3)	Failure of registered association's financial agent to provide the CEO a corrected or revised financial transaction return within following the request of the CEO in the specified period
475.92(3)	Failure of financial agent or chief executive officer of a registered association to provide the CEO a corrected or revised financial transactions or election expenses return or any other required document within 30 days that the correction or revision is authorized
476.4(1)	Acting as a financial agent of a nomination contestant while being ineligible
476.62	Acting as financial agent of a nomination contestant while ineligible
476.63	Failure of nomination contestant to report to the CEO a change in the nomination contest report in writing within 30 days of the change
476.65(1)	Failure of nomination contestant's financial agent to open a separate bank account for the contestant`s nomination campaign
476.65(3)	Failure of nomination contestant's financial agent to deposit the nomination contestant`s financial transactions involving the receipt of money in the campaign bank account
476.65(3.1)	Failure of nomination contestant's financial agent to use the campaign bank account to pay for a financial transaction
476.66(1)	Accepting contributions or borrowing money while not being the financial agent of a nomination contestant
476.66(2)	Accepting a provision of goods or services, transfer of funds; or providing goods or services, or transfer funds while not being the financial agent of a nomination contestant
476.66(4)	Paying nomination campaign expenses other than a litigation, travel, personal and petty expense while not being the financial agent
476.66(5)	Incurring nomination campaign expenses while not being the nomination contestant or the financial agent
476.66(6)	Paying a litigation, travel, personal or petty expense while not being the nomination contestant or the financial agent
476.69	Failure to send an invoice or evidence of a claim to the nomination contestant`s financial agent or, if there is no financial agent, to the nomination contestant
476.7(2)	Failure of nomination contestant or financial agent of a nomination contestant to get authorization from the CEO before paying any claim that remained unpaid after the three-year deadline
476.75(2)	Failure of financial agent of a nomination contestant to submit required information in a nomination campaign return
476.75(3)	Failure of financial agent of a nomination contestant to provide the CEO with documents evidencing expenses set out in the nomination campaign return
476.75(4)	Failure of financial agent of a nomination contestant to provide the CEO with additional documents by the specified deadline
476.75(5)	Failure of financial agent of a nomination contestant to report to the CEO a change in information concerning the statement of terms and conditions of a loan
476.75(7)	Failure of financial agent of a nomination contestant to file the nomination campaign return and required documents within four months after the selection date
476.75(10)	Failure of nomination contestant's financial agent to provide the CEO with a report on the payment of a claim within 30 days after which the payment is made and the source of the funds used to pay the claim
476.75(11)	Failure of nomination contestant's financial agent to provide the CEO within 19 months after the selection date a complete and updated statement of unpaid claims and loans as of the day that is 18 months after the selection date
476.75(12)	Failure of nomination contestant's financial agent to provide the CEO within 37 months after the selection date a complete and updated statement of unpaid claims as of the day that is 36 months after the selection date
476.75(13)	Failure of nomination contestant's financial agent to provide the CEO with documents evidencing the statements of unpaid claims and loans
476.75(14)	Failure of nomination contestant's financial agent to provide the CEO (upon request) with additional supporting documents by a specified date
476.77(1)	Failure of nomination contestant to appoint auditor after accepting contributions or incurring nomination campaign expenses of $10,000 or more
476.77(3) – 476.79	Acting as an auditor of a nomination contestant while being ineligible
476.77(4)	Failure of nomination contestant to inform CEO with required information about the auditor and to include a declaration from the auditor accepting the appointment
476.77(5)	Failure of nomination contestant to inform CEO with required information about the new auditor and to include a declaration from the auditor accepting the appointment
476.8(1)	Failure of nomination contestant's auditor to report to the contestant's financial agent on the nomination campaign return and to make any examination that will enable the auditor to give an opinion as to the information in the report
476.8(2)	Failure of the nomination contestant's auditor to include in the report statement(s) that the auditor considers necessary
476.8(4)	Participating in the preparation of the nomination contestant's auditor report while being ineligible
476.82(1.1)	Failure of nomination contestant to send the financial agent documents evidencing the payment of expenses in the statement of personal expenses
476.82(3)	Failure of nomination contestant to send the financial agent information about litigation expenses
476.83(3)	Failure of nomination contestant's financial agent to provide the CEO at his or her request with a corrected or revised document within the specified period
476.85(2)	Failure of nomination contestant or their financial agent to make an application for a correction immediately after becoming aware of the need for a correction or revision
476.85(3)	Failure of nomination contestant or their financial agent to provide the CEO with a corrected or revised document within 30 days of the authorization to amend the document or any extension of that period
476.91(2)	Failure of nomination contestant's financial agent to sell capital assets at fair market value before disposing of surplus
476.92(2)	Failure of nomination contestant's financial agent to dispose of surplus nomination campaign funds within 60 days of receiving the notice of estimated surplus
476.92(3)	Failure of nomination contestant's financial agent to dispose of the surplus nomination campaign funds within 60 days of providing the nomination campaign return to the CEO
477.1(2)	Failure of candidate to appoint an auditor
477.44(1) – 477.2(2)	Acting as an official agent of a candidate while being ineligible
477.44(2) – 477.3(2)	Acting as an auditor of a candidate while being ineligible
477.46(1)	Failure of candidate's official agent to open a separate bank account for the candidate's electoral campaign
477.46(3)	Failure of candidate's official agent to deposit all the candidate's financial transactions involving the receipt of money in the campaign bank account
477.46(3.1)	Failure of candidate's official agent to use the campaign bank account to pay for a financial transaction
477.47(1)	Accepting contributions or borrowing money while not being the candidate's official agent
477.47(2)	Providing receipts to contributors of monetary contributions while not being the candidate's official agent
477.47(3)	Accepting a provision of goods or services, transfer of funds; or providing goods or services, or transfer funds while not being the candidate's official agent
477.47(4)	Paying the candidate's electoral campaign expenses other than a litigation, travel, personal and petty expense while not being the candidate's official agent
477.47(5)	Incurring electoral campaign expenses while not being the candidate, official agent or an authorized person
477.47(5.1)	Failure of candidate to obtain and to obey the written authorization of the official agent before incurring electoral campaign expenses
477.47(6)	Paying the candidate's litigation, travel or personal expense while not being the candidate's official agent
477.53	Failure to send an invoice or evidence of a claim to the candidate's official agent or, if there is no official agent, to the candidate
477.54(2)	Failure of candidate or official agent to get authorization from the CEO before paying any claim after the three-year deadline
477.551	Person authorized by the official agent of the candidate entering into an electoral campaign contract they are not authorized to enter into
477.59(2)	Failure of candidate's official agent to include required information in the electoral campaign return
477.59(3)	Failure of candidate's official agent to provide the CEO with documents evidencing expenses set out in the electoral campaign return
477.59(4)	Failure of candidate's official agent to provide the CEO with additional documents by the specified deadline
477.59(5)	Failure of candidate's official agent to report to the CEO a change in information concerning the statement of terms and conditions of a loan
477.59(7)	Failure of candidate's official agent to file the electoral campaign return and required documents within four months after polling day
477.59(10)	Failure of candidate's official agent to provide the CEO with a report on the payment of a claim within 30 days after which the payment is made and the source of the funds used to pay the claim
477.59(11)	Failure of candidate's official agent to provide the CEO within 19 months after polling day a complete and updated statement of unpaid claims and loans as of the day that is 18 months after the selection date
477.59(12)	Failure of candidate's official agent to provide the CEO within 37 months after the selection date a complete and updated statement of unpaid claims and loans as of the day that is 36 months after the selection date
477.59(13)	Failure of candidate's official agent to provide the CEO with documents evidencing the statements of unpaid claims and loans
477.59(14)	Failure of candidate's official agent to provide the CEO (upon request) with additional supporting documents by a specified date
477.59(15)	Failure of candidate's official agent to provide the CEO with a report in the prescribed form on the irregular claims, payments or orders to pay resulting from proceedings within 30 days after the day on which the payment is made
477.62(1)	Failure of candidate's auditor to report to the candidate's official agent on the electoral campaign return and to make any examination that will enable the auditor to give an opinion as to the information in the report
477.62(2)	Failure of candidate's auditor to include a completed checklist for audits in the prescribed form
477.62(3)	Failure of candidate's auditor to include in the report statement(s) that the auditor considers necessary
477.62(5)	Participating in the preparation of the candidate's auditor's report while being ineligible
477.64(1.1)	Failure of candidate to provide the CEO with documents evidences the expenses in the statement of personal expenses
477.64(3)	Failure of candidate to send the financial agent information about litigation expenses
477.65(3)	Failure of candidate's official agent to provide the CEO at his or her request with a corrected or revised electoral campaign return or other document within the specified period
477.67(2)	Failure of the candidate or their official agent to make an application for a correction immediately after becoming aware of the need for a correction or revision
477.67(3)	Failure of the candidate or their official agent to provide the CEO with a corrected or revised document within 30 days of the authorization to amend the document or any extension of that period
477.8(2)	Failure of candidate's official agent to sell capital assets at fair market value or transfer the capital assets that are electoral campaign expenses to the registered party or candidate's electoral district association
477.81(2)	Failure of candidate's official agent to dispose of a surplus of electoral funds within 60 days after receiving the notice of estimated surplus
477.81(3)	Failure of candidate's official agent to dispose of a surplus of electoral funds within 60 days of receiving the final instalment of the reimbursement of the candidate's expenses or the day the CEO received the candidate's electoral campaign return
477.9(5)	Failure of candidate to provide the CEO with a statement that discloses gifts or other advantages that the candidate accepted within four months of polling day
477.92(2)	Failure of candidate to make an application for a correction immediately after becoming aware of the need for a correction or revision
477.92(3)	Failure of candidate to provide the CEO with a corrected or revised document within 30 days of the authorization to amend the document or any extension of that period
478.1(1)	Failure of chief agent of a registered party to file with the CEO a statement setting out the dates on which the leadership contest begins and ends
478.1(2)	Failure of registered party to file with the CEO a statement setting out the amended beginning date, ending date or the cancellation information of a leadership contest
478.65(1) – 478.6	Acting as financial agent or leadership campaign agent while being ineligible
478.65(2) – 478.61	Acting as auditor of a leadership contestant while being ineligible
478.66(1)	Failure of leadership contestant to report in writing a change in information to the CEO within 30 days of the change
478.67	Failure of leadership contestant to file with the CEO a written and signed statement of their withdrawal including the date of withdrawal
478.68	Failure of registered party to file with the CEO a written and signed notice of withdrawal of acceptance of a leadership contestant indicating the date of withdrawal of the acceptance
478.72(1)	Failure of leadership contestant's financial agent to open a separate bank account for the contestant`s leadership campaign
478.72(3)	Failure of leadership contestants' financial agent to deposit all the leadership contestants` financial transactions involving the receipt of money in the campaign bank account
478.72(3.1)	Failure of leadership contestants' financial agent to use the campaign bank account to pay for a financial transaction
478.72(5)	Failure of leadership contestants' financial agent to provide the CEO with the final statement of the campaign bank account
478.73(1)	Accepting contributions or borrowing money while not being the leadership campaign agent of a leadership contestant
478.73(2)	Accepting a provision of goods or services, transfer of funds; or providing goods or services, or transfer funds while not being the leadership campaign agent of a leadership contestant
478.73(3)	Leadership campaign agent of a leadership contestant accepting a transfer of funds from a registered party or registered association on the leadership contestant`s behalf
478.73(4)	Paying nomination campaign expenses other than a litigation, travel, personal and petty expense while not being the leadership campaign agent
478.73(5)	Incurring leadership campaign expenses while not being the leadership contestant or one of the leadership campaign agents
478.73(6)	Paying a litigation, travel, personal or petty expense while not being the leadership contestant or their financial agent
478.74	Failure of a person who has a claim to be paid for a leadership campaign expense to send an invoice or evidence of a claim to a leadership contestants financial agent or to the leadership contestant
478.75(2)	Failure of leadership contestant or their financial agent to get authorization from the CEO before paying a claim after the three-year deadline
478.8(2)	Failure of leadership contestants' financial agent to submit required information in a leadership campaign return
478.8(3)	Failure of leadership contestants' financial agent to provide the CEO with documents evidencing expenses set out in the leadership campaign return
478.8(4)	Failure of leadership contestants' financial agent to provide the CEO with additional documents by the specified deadline
478.8(5)	Failure of leadership contestants' financial agent to report to the CEO a change in information concerning the statement of terms and conditions of a loan
478.8(7)	Failure of leadership contestants' financial agent to file the leadership campaign return and required documents within six months after the end of the leadership contest
478.8(10)	Failure of leadership contestants' financial agent to provide the CEO with a report on the payment of a claim within 30 days after which the payment is made and the source of the funds used to pay the claim
478.8(11)	Failure of leadership contestants' financial agent to provide the CEO within 19 months after the selection date a complete and updated statement of unpaid claims and loans as of the day that is 18 months after the selection date
478.8(12)	Failure of leadership contestants' financial agent to provide the CEO within 37 months after the selection date a complete and updated statement of unpaid claims as of the day that is 36 months after the selection date
478.8(13)	Failure of leadership contestants' financial agent to provide the CEO with documents evidencing the statements of unpaid claims and loans
478.8(14)	Failure of leadership contestants' financial agent to provide the CEO (upon request) with additional supporting documents by a specified date
478.8(15)	Failure of leadership contestants' financial agent to provide the CEO with a report in the prescribed form on the irregular claims, payments or orders to pay resulting from proceedings within 30 days after the day on which the payment is made
478.83(1)	Failure of leadership contestants' auditor to report to the contestant's financial agent on the leadership campaign return for that contest and to make any examination that will enable the auditor to give an opinion as to the information in the report
478.83(2)	Failure of leadership contestants' auditor to include in the report statement(s) that the auditor considers necessary
478.83(4)	Participating in the preparation of the leadership contestant's auditor's report while being ineligible
478.85(1.1)	Failure of leadership contestant to send the financial agent documents evidencing the payment of expenses in the statement of personal expenses
478.85(3)	Failure of leadership contestant to send the financial agent information about litigation expenses
478.86(3)	Failure of leadership contestants' financial agent to provide the CEO at his or her request with a corrected or revised document within the specified period
478.88(3)	Failure of leadership contestant or their financial agent to provide the CEO a corrected or revised return within 30 days of the CEO`s authorization or within an extended period (if applicable)
478.94(2)	Failure of leadership contestants' financial agent to sell leadership campaign capital assets at fair market value before disposing of surplus
478.95(2)	Failure of leadership contestants' financial agent to dispose of surplus leadership campaign funds within 60 days of receiving the notice of estimated surplus
478.95(3)	Failure of leadership contestants' financial agent to dispose of the leadership campaign funds within 60 days of providing the contestant's leadership campaign return to the CEO
478.97(1)	Failure of leadership contestants' financial agent to provide the CEO with a notice of disposal of surplus with required information within seven days of disposing of the surplus

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Type C Violations (More serious violations that, by their nature, cause harm to the fundamental objectives sought by the Act)
Section	Description of Violation
323	Transmitting election advertising during polling day
325	Preventing or impairing the transmission of election advertising
325.1(2)	Failure of owner or operator of an online platform to publish a registry of partisan advertising and election advertising messages
325.2	Failure of third party that is required to register, registered or eligible party, registered association, nomination contestant; potential candidate or candidate to provide information about self to online platform
326(1)	Failure of first person who transmits the results of an election survey to provide required election survey information
326(2)	Failure of first person who transmits the results of an election survey by means other than broadcasting to provide the wording of the survey questions
327	Failure of first person who transmits the results of a survey that is not based on recognized statistical methods to the public and any person who transmits them within 24 hours after they are first transmitted to the public to indicate survey not based on recognized statistical methods
330(1)	Using a foreign broadcasting station outside of Canada
330(2)	Broadcasting election advertising abroad
349.02	Third party using funds from a foreign entity
349.03	Third party circumventing and colluding to circumvent prohibition on use of foreign funds
349.1	Third party incurring partisan activity, partisan advertising and election survey expenses over the pre-election period maximum
349.2	Third party circumventing or attempting to circumvent the pre-election period expense limit
349.3(1)	Third party and registered party colluding to influence the third party
349.3(2)	Third party and potential candidate colluding to influence the third party
349.3(3)	Third party and a person associated with a potential candidate's political activities colluding to influence the third party
349.4	Foreign third party incurring partisan activity expenses, partisan advertising expenses and election survey expenses during the pre-election period
349.5	Failure of third party to identify self in advertisements and include required identification information in a clearly visible or otherwise accessible manner
349.6(1)	Failure of third party to register immediately after incurring partisan activity, partisan advertising and election survey expenses over $500
349.7	Failure of third party to appoint financial agent
349.91(1)	Failure of third party to file with the CEO an interim third-party expenses return within 5 days of becoming required to register
349.91(8)	Failure of third party to identify contributors who contributed a total of more than $200 when unable to identify for which regulated activity contributions were received
349.91(9)	Failure of third party to include a signed declaration that the return is accurate
349.92(1)	Failure of third party to file interim third-party expenses return with the CEO on September 15
349.93	Third party filing interim third-party expenses return that is false, misleading or incomplete
349.94	Third party using anonymous contributions during the pre-election period
350(1)	Third party incurring excessive regulated election period expenses
350(2)	Third party incurring excessive regulated election period expenses in any given electoral district
350(4)	Third party incurring regulated election period expenses in any given electoral district during a by-election
351	Third party circumventing regulated election period expenses limit
351.01(1)	Third party colluding with registered party to influence the third party
351.01(2)	Third party colluding with candidate to influence the third party
351.01(3)	Third party colluding with associated person to influence the third party
351.1	Foreign third party incurring election period expenses
352	Failure of third party to identify self in election advertising and include required identification information in a clearly visible or otherwise accessible manner
353(1)	Failure of third party to register after incurring $500 in regulated election period expenses
354(1)	Failure of third party to appoint a financial agent
357.01(1)	Failure of third party to file interim third-party expenses return with the CEO on the 21st day before polling day
357.01(8)	Failure of third party to identify contributors who contributed a total of more than $200 when unable to identify for which regulated activity contributions were received
357.01(9)	Failure of third party to include a signed declaration that the return is accurate
357.02(1)	Failure of third party to file interim third-party expenses return on the 7th day before polling day
357.03	Third party filing interim third-party expenses return that is false, misleading or incomplete
357.1	Third party using anonymous contributions during the election period
359(1)	Failure of third party to file third-party expenses return within 4 months after polling day
359(7)	Failure of third party to identify contributors who contributed a total of more than $200 when the third-party is unable to identify which contributions were received for which regulated activity
359(8)	Failure of third party to include a signed declaration that the return is accurate
359.1	Third party filing third-party expenses return that is false, misleading or substantially incomplete
360(1)	Failure of third party to include in the third-party expenses return the auditor`s report if the third party has received $10,000 in contributions or regulated expenses
360(4)	Third party refusing the auditor access to the third-party documents
361(3)	Failure of third party to provide the CEO at his or her request with a corrected or revised third-party expenses return within the specified period
361.2(3)	Failure of third party to provide the CEO a corrected or revised return within 30 days of the CEO`s authorization or within an extended period (if applicable)
363(1)	Making a contribution while not being eligible
363(2)	Failure of chief agent of a registered party, the financial agent of the registered association, the official agent of the candidate, the financial agent of the nomination contestant or leadership contestant to return or pay the amount of contribution from ineligible source within 30 days of being made aware of the ineligibility of the contributor
364(9)	Paying party convention or leadership convention fees while being an ineligible contributor
365(1)	Being a party or registered association transferring funds to a nomination contestant or leadership contestant, or providing them goods or services without offering the goods or services equally to all contestants
367(1)	Making contribution(s) that exceeds an individual’s contribution limits
367(7)	Making contribution(s) as a candidate or leadership contestant that exceeds the contribution limit
368(1)	Circumventing, attempting to circumvent or acting in collusion with another person or entity to circumvent the contribution limits
368(2)	Concealing, attempting to conceal or acting in collusion with another person or entity to conceal the source of a contribution
368(3)	Accepting a contribution that exceeds a contribution limit
368(4)	Entering into agreements that contain a term where any individual will make a contribution, directly or indirectly to a political entity
369(1)	Soliciting or accepting a contribution on behalf of a political entity when the person or political entity makes representation that all or part of the contribution would be transferred to a person or entity other than the political entity that is accepting the contribution
369(2)	Acting in collusion with another person or entity to solicit or accept a contribution on behalf of a political entity where the person or political entity made representations that all or part of the contribution would be transferred to a person or entity other than the political entity that is accepting the contribution
370	Making a contribution to a political entity using funds, property or services that were given to an individual for that purpose
372	Failure of chief agent of a registered party, the financial agent of the registered association, the official agent of the candidate, the financial agent of the nomination contestant or leadership contestant to return or pay the amount of over contribution within 30 days of being made aware of the contribution
373	Making a loan as an ineligible lender, guaranteeing a loan or borrowing money as an ineligible guarantor
374	Making an indirect loan to a political entity
385(4)	Failure of a political party to publish its policy for the protection of personal information
392	Failure of registered party to provide statement of assets and liabilities and required documents within six months of becoming a registered party
400(1)	Failure of registered party to appoint a replacement chief agent or auditor
404(1)	Acting as an officer of a registered party while knowing party is not endorsing one or more of its members as candidates and supporting their election as one of its fundamental purposes or if the party has not made an application for deregistration
405.1	Failure of registered party to publish on its website a change to its policy for the protection of personal information after having informed the CEO in writing of the change
408(1)	Leader of a political party providing the CEO with false or misleading information in the application for registration while being the leader of a political party
408(2)	Registered party providing the CEO with false or misleading information when reporting changes in information about the parties
408(3)	Leader of registered party certifying a statement as the leader of a registered party or of an eligible party knowing that it is false or misleading
408(4)	Leader of a political party making a false or misleading declaration in an application for registration, a report of change in information or confirmation of registration
408(5)	Making a false or misleading declaration in the confirmation of members, party members support form
420	Failure of the Chief Agent of a deregistered political party to provide the CEO with required financial returns
424	Failure of merging parties to provide the CEO with required documents six months after the merger of registered parties
428	Failure of registered party to pay recoverable claim within three years
429.2(1)	Chief agent of a registered party incurring partisan advertising expenses above the expense limit
429.2(2)	Registered party circumventing or attempting to circumvent the partisan advertising expenses limit
429.2(3)	Third Party colluding with a registered party to circumvent partisan advertising expenses limit
429.3	Failure of registered party or person a person acting on its behalf to indicate that the transmission of the partisan advertising message was authorized by a registered agent
431(1)	Chief agent of a registered party incurring election expenses above the maximum limit
431(2)	Third Party colluding with a registered party to circumvent the election expenses limit
432(1)	Failure of chief agent of a registered party to provide the CEO with a financial transactions return and other required documents
433(1)	Failure of the chief agent of a registered party to provide the CEO with a quarterly return
434	Failure of one of the registered party's registered agents to pay the Receiver General the value of a contribution over $20 where the name of the contributor is unknown or over $200 where the name or address is unknown
435(3)	Registered party's registered agents and officers refusing the auditor access to the party`s documents and failing to provide information and explanations to the auditor
436	Chief agent of a registered party providing the CEO with a financial transactions return that is false, misleading or substantially incomplete
437(1)	Failure of chief agent of a registered party to provide the CEO with an election expenses return or other required documents
438(3)	Party's registered agents and officers refusing access to the auditor to the party`s documents and failing to provide information and explanations to the auditor
439	Chief agent of a registered party providing the CEO with an election expenses return that is false, misleading or substantially incomplete
440(3)	Failure of chief agent of a registered party to provide the CEO at his or her request with a corrected or revised financial transactions or election expenses return within the specified period
442(3)	Failure of chief agent or leader of a registered party to provide the CEO a corrected or revised financial transactions or election expenses return or any other required document within 30 days that the correction or revision is authorized
447	Unregistered electoral district association of a registered party accepting contributions, providing goods or services, transferring funds or accepting surplus funds
449.1(1)	Electoral district association of a registered party incurring certain partisan advertising expenses or transmitting certain partisan advertising messages during the pre-election period
449.2	Failure of registered association to indicate in or on the message, that the transmission of the partisan advertising message was authorized by the association`s electoral district agents
450(1)	Electoral district association incurring election expenses
451	Failure of registered association to provide the CEO with a statement of assets and liabilities and declaration by the financial agent that the statement is complete and accurate within six months of becoming a registered association
452	Financial agent of a registered association making a false declaration that the statement of assets and liabilities is complete and accurate
460	Failure of registered association to appoint a replacement financial agent or auditor
473	Failure of financial agent of a deregistered electoral district association to provide the CEO with required financial returns within six months of its deregistration
475.2	Failure of registered association's financial agent to pay a recoverable claim within three years of the day on which the payment is due
475.4(1)	Failure of registered association's financial agent to provide the CEO with a financial transactions return or other required documents for each fiscal period of a registered association
475.5	Failure of registered association's financial agent to pay to the Receiver General the value of a contribution over $20 where the name of the contributor is unknown or over $200 where the name or address is unknown
475.6 (3)	Association's electoral district agents refusing the auditor access to the party`s documents and failing to provide information and explanations to the auditor
475.7	Financial agent of a registered association providing the CEO with a financial transactions return that is false, misleading or substantially incomplete
476.1(1)	Failure of registered party or registered association to provide the CEO with a complete nomination contest report within 30 days after the selection date
476.3	Failure of nomination contestant to appoint a financial agent before accepting a contribution or incurring a nomination campaign expense
476.6	Failure of nomination contestant to appoint a replacement financial agent
476.66(3)	Financial agent of a nomination contestant accepting a transfer of funds from a registered party or registered association on the nomination contestant`s behalf
476.68(1)	Nomination contestant or financial agent of a nomination contestant incurring nomination contest expenses over the limit allowed for an electoral district
476.68(2)	Circumventing, attempting to circumvent or acting in collusion with another person or entity to circumvent the limits on nomination contest expenses
476.7(1)	Failure of nomination contestant or financial agent of a nomination contestant to pay a recoverable claim within three years of the selection date or polling day
476.75(1)	Failure of financial agent of a nomination contestant to file a nomination campaign return and provide required documents
476.75(8)	Failure of nomination contestant to send a declaration that the nomination campaign return is complete and accurate to the financial agent within four months of the selection date
476.76	Failure of the nomination contestant's financial agent to pay to the Receiver General the value of a contribution over $20 where the name of the contributor is unknown or over $200 where the name or address is unknown
476.8(3)	Nomination contestant or financial agent of the nomination contestant refusing the auditor access to the party`s documents and failing to provide information and explanations to the auditor
476.81(1)	Failure of nomination contestant to provide the CEO with a declaration that the nomination campaign return is complete and accurate within 14 days of the contestant returning to Canada
476.82(1)	Failure of nomination contestant to provide a statement of personal expenses and required written statement within three months after the selection date
476.891	Nomination contestant sending a false or misleading declaration that the nomination campaign return is complete and accurate
476.9	Financial agent of a nomination contestant providing the CEO with a document that contains false or misleading information or that does not substantially set out the information required
476.93	Failure of nomination contestant's financial agent to dispose of surplus nomination campaign funds to one of the permitted recipients
477.1(1)	Failure of candidate to appoint an official agent
477.42	Failure of candidate to appoint a replacement official agent or auditor
477.52(1)	Candidate, their official agent or a person authorized by the official agent incurring total election expenses over the election period maximum
477.52(2)	Candidate, their official agent or a person authorized by official agent circumventing or colluding to circumvent the election expenses limit
477.54(1)	Failure of candidate or official agent to pay a recoverable claim within three years after polling day
477.59(1)	Failure of candidate's official agent to provide the CEO with the electoral campaign return and other required documents
477.59(8)	Failure of candidate to send a declaration that the electoral campaign return is complete and accurate to the official agent within four months of polling day
477.61	Failure to pay to the Receiver General the value of a contribution over $20 where the name of the contributor is unknown or over $200 where the name or address is unknown
477.62(4)	Candidate or their official agent refusing the auditor access to the party`s documents and failing to provide information and explanations to the auditor
477.63(1)	Failure of the candidate to provide the CEO with a declaration that the electoral campaign return is complete and accurate within 14 days of the candidate returning to Canada
477.64(1)	Failure of candidate to send their official agent a written statement of personal expenses within three months after polling day
477.711	Candidate providing the official agent a declaration that the election campaign return is complete and accurate knowing or should have reasonably known was false or misleading
477.72(1)	Official agent of a candidate providing the CEO with a document that contains false or misleading information or that does not substantially set out the information required
477.73(3)	Failure of a candidate's official agent to return to the Receiver General, without delay, the excess partial reimbursement for certain expenses
477.74(5)	Failure of candidate's official agent to return to the Receiver General the reduction in the reimbursement of expenses
477.741	Failure of the candidate's official agent to pay the candidate the appropriate percentage of expenses using the reimbursement funds
477.82	Candidate's official agent disposing of surplus electoral funds in any other manner than by transferring them to the Receiver General or the candidate's registered party or electoral district association
477.9(1)	Candidate accepting a gift or advantage that might be seen to have been given to influence the candidate
477.9(3)	Failure of candidate to provide the CEO with a statement that discloses gifts or other advantages that the candidate accepted
477.95	Candidate providing the CEO with a statement of gifts or other advantages that is substantially incomplete or that the candidate knows or ought to reasonably know is false or misleading
478.2(1)	Failure to apply to the CEO for registration as a leadership contestant after accepting contributions or incurring leadership campaign expenses
478.5(2)	Failure of leadership contestant to provide the CEO with a certified and complete report on the appointment of a leadership campaign agent within 30 days of the appointment
478.63	Failure of leadership contestant to appoint a replacement financial agent or auditor
478.75(1)	Failure of leadership contestant or their financial agent to pay a recoverable claim within three years of the day on which the leadership contest ends
478.8(1)	Failure of leadership contestant's financial agent to provide the CEO with a leadership campaign return and required documents
478.8(8)	Failure of leadership contestant to send a declaration that the leadership campaign return is complete and accurate to the financial agent within six months after the end of the leadership contest
478.81(1)	Failure of leadership contestants' financial agent to file a return on contributions on the 21st day before the end of the leadership contest
478.81(2)	Failure of leadership contestants' financial agent to file a second return on contributions on the second day before the end of the leadership contest for a period beginning on the first day of the leadership contest and ending on the day that is four weeks before the end of the leadership contest
478.81(3)	Failure of leadership contestants' financial agent to file a return on contributions on the second day before the end of the leadership contest for a period beginning on the first day of the leadership contest and ending on the day that is one week before the end of the leadership contest
478.82	Failure of leadership contestants' financial agent to pay to the Receiver General the value of a contribution over $20 where the name of the contributor is unknown or over $200 where the name or address is unknown
478.83(3)	Contestant and their financial agent refusing the auditor access to the leadership contestant's documents and failing to provide information and explanations to the auditor
478.84(1)	Failure of the leadership contestant to provide the CEO with a declaration that the nomination campaign return is complete and accurate within 14 days of the contestant returning to Canada
478.85(1)	Failure of leadership contestant to provide a statement of personal expenses and the required written statement within five months after the selection date
478.921	Leadership contestant sending a false or misleading declaration that the leadership campaign return is complete and accurate
478.93	Financial agent of a leadership contestant providing the CEO with a document that contains false or misleading information or that does not substantially set out the information required
478.96	Failure of leadership contestants' financial agent to dispose of surplus leadership campaign funds to one of the permitted recipients
508.1	Failure to comply with a term and condition of a compliance agreement or undertaking

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Type D Violations (Illegal Voting Violations)
Section	Description of Violation
281.3	Voting while not qualified as elector
281.4	Voting while not ordinarily resident in electoral district
281.5	Voting more than once – general election or by-election

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