Penalty imposed on a person trying to vote despite ineligibility due to non-citizenship
Caroline Simard, the Commissioner of Canada Elections, has released details on 12 administrative monetary penalties (AMPs) issued for violations of the Canada Elections Act, 2000.
The imposition of these penalties aims to ensure compliance with electoral laws and aims to maintain transparency in the electoral process. The AMPs were issued in connection with various violations, according to the commissioner’s news release.
One person attempted to vote in an electoral district during the 2021 federal election despite being ineligible due to non-citizenship. Another individual cast votes in two different electoral districts during the 2019 federal general election. In both cases, the chief electoral officer reviewed and upheld the AMP amounts.
Nine financial agents from deregistered electoral district associations were also penalized. These agents failed to submit the registered association’s financial transaction return and other necessary documents within the six-month period following deregistration.
Additionally, an association was fined for failing to register as a third party during the 2021 federal election. The commissioner reviewed this penalty and upheld the AMP amount.
The commissioner uses these AMPs as administrative tools to address violations under the Act and to promote compliance with electoral laws. For more details on AMPs, the commissioner’s Policy for the Administrative Monetary Penalty Regime provides comprehensive information.
The Office of the Commissioner of Canada Elections operates independently of Elections Canada. Elections Canada administers the Canada Elections Act and oversees federal elections, while the commissioner ensures compliance with and enforces the Canada Elections Act and the Referendum Act.
The AMP regime
The commissioner implemented the AMP regime following amendments to the Canada Elections Act on June 13, 2019. This regime seeks to serve as a tool for addressing violations and ensuring compliance with the Act. The regime’s framework covers the issuance of notices of violation (NOV) and the determination of AMP amounts.
The AMP regime addresses violations under the Act such as voting while knowingly ineligible, voting in an electoral district where one is not ordinarily a resident, or voting more than once in an election. NOVs can also be issued for breaches of the communications, advertising, partisan activities, and financial administration rules in the Act.
When deciding the appropriate enforcement measure, the commissioner considers the public interest and the specific circumstances of each case. Measures alternative to AMPs include information letters, caution letters, undertakings, compliance agreements, and prosecutions, depending on which is more appropriate given each individual situation.
Summaries of the recently announced AMPs are available on the commissioner's official website, as required by the Act.
