L-4.1 - Act respecting electoral lists

Section 136 Disposition versions

1980-08-15

136. (1)  The following shall be guilty of an offence against this Act and liable to a fine of $100 to $500 and to an imprisonment of three months to two years and, on failure to pay the fine, to an additional imprisonment of fifteen days to three months:

(a)  Every person who, in preparing a list, knowingly enters or causes to be entered thereon a name which should not be entered thereon;

(b)  Every person who, in preparing a list knowingly omits or causes to be omitted therefrom a name which should be entered thereon;

(c)  Every person who attests the administration of an oath without having administered it according to the forms prescribed by law;

(d)  Every enumerator who, in making or revising the lists, accepts an application to enter a name which he knows to be fictitious or to be that of a deceased person or of a person not qualified as an elector within the meaning of this act;

(e)  Every person who makes application to enter a name which he knows to be fictitious or to be that of a deceased person or of a person not qualified as an elector within the meaning of this act;

(f)  Every person who makes an application for the striking off of the name of a person whom he knows to be qualified as an elector within the meaning of this act;

(g)  (Paragraph repealed);

(h)  Every person who usurps any right or function of a person officially in charge of the preparation or revision of an electoral list, or who passes himself off without right as a person officially in charge of any of such duties;

(i)  Every person who counterfeits a badge to be used by the enumerators;

(j)  Every person who, illegally and without right, manufactures, counterfeits, removes, takes, uses, destroys, gives, sells or issues any badge to be used by the enumerators;

(k)  Every person who, illegally and without right, makes, removes, lends, destroys, gives, sells, counterfeits, tears, maculates or prints or causes to be printed any books to be used in the preparation of electoral lists;

(l)  Every person who, knowing that his name is entered on an electoral list other than that of the polling subdivision in which he is domiciled, or on any electoral list although he is not qualified as an elector, does not take the necessary steps to have his name struck from any list on which it is wrongfully entered;

(m)  Every person who attempts to commit or participates in or is accessory to the commission of any of the offences contemplated by this section;

(n)  Every person who hinders an enumerator or revisor in the performance of the duties or of any act required of him by this act;

(o)  every person in charge of receving applications for the entry, striking off or correction of a name who refuses or neglects to receive the applications made to him in accordance with section 101 or who refuses or neglects to transmit them to the returning officer.

(2)  If a person is convicted before a court of competent jurisdiction of having committed more than one of the abovementioned offences, or one of such offences twice or oftener, he shall be disqualified for ten years following the date on which he was found guilty from being elected to and from sitting in the National Assembly, and from voting at the election of a member of such Assembly and from taking part in any such election and from filling any office or employment under appointment of the Government or of the Lieutenant-Governor.

R. S. 1964, c. 7, s. 128; 1965 (1st sess.), c. 12, s. 15; 1968, c. 9, s. 90; 1975, c. 9, s. 23; 1979, c. 56, s. 287.

1977-12-31

136. (1)  The following shall be guilty of an offence against this act and liable to a fine of one hundred dollars to five hundred dollars and to an imprisonment of three months to two years and, on failure to pay the fine, to an additional imprisonment of fifteen days to three months:

(a)  Every person who, in preparing a list, knowingly enters or causes to be entered thereon a name which should not be entered thereon;

(b)  Every person who, in preparing a list knowingly omits or causes to be omitted therefrom a name which should be entered thereon;

(c)  Every person who attests the administration of an oath without having administered it according to the forms prescribed by law;

(d)  Every enumerator who, in making or revising the lists, accepts an application to enter a name which he knows to be fictitious or to be that of a deceased person or of a person not qualified as an elector within the meaning of this act;

(e)  Every person who makes application to enter a name which he knows to be fictitious or to be that of a deceased person or of a person not qualified as an elector within the meaning of this act;

(f)  Every person who makes an application for the striking off of the name of a person whom he knows to be qualified as an elector within the meaning of this act;

(g)  Every person who removes, destroys tears or maculates an electoral list posted up in a public place;

(h)  Every person who usurps any right or function of a person officially in charge of the preparation or revision of an electoral list, or who passes himself off without right as a person officially in charge of any of such duties;

(i)  Every person who counterfeits a badge to be used by the enumerators;

(j)  Every person who, illegally and without right, manufactures, counterfeits, removes, takes, uses, destroys, gives, sells or issues any badge to be used by the enumerators;

(k)  Every person who, illegally and without right, makes, removes, lends, destroys, gives, sells, counterfeits, tears, maculates or prints or causes to be printed any books to be used in the preparation of electoral lists;

(l)  Every person who, knowing that his name is entered on an electoral list other than that of the polling-subdivision in which he is domiciled, or on any electoral list although he is not qualified as an elector, does not take the necessary steps to have his name struck from any list on which it is wrongfully entered;

(m)  Every person who attempts to commit or participates in or is accessory to the commission of any of the offences contemplated by this section;

(n)  Every person who hinders an enumerator or revisor in the performance of the duties or of any act required of him by this act;

(o)  every person in charge of receving applications for the entry, striking off or correction of a name who refuses or neglects to receive the applications made to him in accordance with section 101 or who refuses or neglects to transmit them to the returning officer.

(2)  If a person is convicted before a court of competent jurisdiction of having committed more than one of the abovementioned offences, or one of such offences twice or oftener, he shall be disqualified for ten years following the date on which he was found guilty from being elected to and from sitting in the Assemblée nationale, and from voting at the election of a member of such Assemblée and from taking part in any such election and from filling any office or employment under appointment of the Gouvernement or of the Lieutenant-Governor.

R. S. 1964, c. 7, s. 128; 1965 (1st sess.), c. 12, s. 15; 1968, c. 9, s. 90; 1975, c. 9, s. 23.