Home > 2.9 Electoral offences and sanctions > CANADA - Canada Elections Act
 
 
 
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Paragraph 521
 

Decision


(1) If a review is requested under section 521.14, the Chief Electoral Officer or the Commissioner, as the case may be, shall do one or more of the following:


(a) determine, on a balance of probabilities, whether the person or entity committed the violation; 


(b) confirm or reduce the amount of the administrative monetary penalty; or


(c) determine that there should be no administrative monetary penalty in respect of the violation.


Written evidence and submissions


(2) The Chief Electoral Officer or the Commissioner, as the case may be, is to consider only written evidence and written submissions when making a decision under subsection (1).


Service of decision


(3) The Chief Electoral Officer or the Commissioner, as the case may be, shall cause a copy of any decision made under subsection (1) to be served on the person or entity that requested the review. The Chief Electoral Officer shall also cause a copy of any decision he or she makes under subsection (1) to be given to the Commissioner.


Violation not committed — effect


(4) If the Chief Electoral Officer or the Commissioner, as the case may be, determines under subsection (1) that the person or entity that requested the review did not commit the violation, the proceedings commenced in respect of it are ended.


Liability to pay


(5) The person or entity that requested the review is liable to pay, within 30 days after the day on which they were served with the copy of the decision and in the manner specified in the notice of violation,


(a) the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision; or


(b) the reduced amount of the administrative monetary penalty set out in the decision.


2018, c. 31, s. 365.