L-4.1 - Act respecting electoral lists

Section 398 Disposition versions

1978-04-01

398. (Replaced).

R. S. 1964, c. 7, s. 389; 1966, c. 5, s. 8; 1977, c. 11, s. 129.

1977-12-31

398. Every election agent who incurs election expenses exceeding the maximum fixed by section 388 of files a false return or affidavit or produces a falsified invoice, receipt or other voucher, or, after the filing of his return, pays a claim otherwise than as permitted by section 395, shall be guilty of a corrupt practice.

A candidate or party leader whose official agent has been guilty of any of the above mentioned acts shall also be guilty of a corrupt practice unless it is established that such action is of no great gravity and could not have affected the result of the election, and that the candidate or party leader had also taken in good faith all possible and reasonable precautions to carry out the election honestly according to the requirements of the law.

A candidate or party leader who incurs, pays or authorizes any election expenses otherwise then as permitted by this act shall also be guilty of a corrupt practice.

Every person guilty of a corrupt practice under this section shall be liable to a fine of one hundred to one thousand dollars and to imprisonment for one month to twelve months; his election, if he has been elected, shall be null and he shall also incur the disqualification provided in section 418.

A candidate or party leader found guilty of a corrupt practice committed by his official agent without his knowledge shall be exempt from the fine and imprisonment and shall not incur the disqualification provided by section 418.

R. S. 1964, c. 7, s. 389; 1966, c. 5, s. 8.