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Bill C-24

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    (z.13) being the financial agent of a nomination contestant, wilfully contravenes subsection 478.4(2) or section 478.41 (failure to dispose of surplus nomination campaign funds).

(17) Subsection 497(4) of the Act is replaced by the following:

When certain proceedings may be brought

(4) No proceedings may be commenced with respect to a failure to provide a return or other document to the Chief Electoral Officer before the expiration of the period within which an application may be made under this Act for an extension of the period within which that return or document is to be provided.

59. (1) Subsection 503(1) of the Act is replaced by the following:

Deregistered parties

503. (1) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if the party, during the portion of the election period before the deregistration, has spent more than the spending limit set out in section 350.

(2) Subsection 503(3) of the Act is replaced by the following:

Prior expenses applied against spending limit

(3) If subsection (1) or (2) applies, election advertising expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against the spending limit set out in section 350 and, if the limit has been exceeded, the party shall not incur any additional election advertising expenses.

2001, c. 21, s. 24

60. Section 504 of the Act is replaced by the following:

Judicial proceedings and compliance agreements

504. In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association,

    (a) the party or association is deemed to be a person; and

    (b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be.

61. Sections 506 and 507 of the Act are replaced by the following:

Deregistered party

506. A deregistered political party whose chief agent commits an offence under paragraph 497(1)(e) or (3)(c) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

Registered party

507. A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o), (q) and (q.01) and (3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.

62. Section 511 of the Act is replaced by the following:

Commissioner may prosecute

511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed and is of the view that the public interest justifies it, the Commissioner may institute a prosecution or cause one to be instituted.

Search and seizure

(2) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.

63. (1) Subsection 514(1) of the Act is replaced by the following:

Limitation period

514. (1) A prosecution for an offence under this Act must be instituted within 18 months after the day on which the Commissioner becomes aware of the facts giving rise to the prosecution and not later than seven years after the day on which the offence was committed.

(2) Section 514 of the Act is amended by adding the following after subsection (2):

Commissioner 's certificate

(3) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the facts giving rise to a prosecution, is admissible in evidence without proof of the signature or of the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.

63.1 The Act is amended by adding the following after section 536:

Political financing

536.1 After the submission to the House of Commons of a report under section 535 in relation to the first general election following the coming into force of this section, any committee of that House to which the report is referred shall, in addition to considering the report, consider the effects of the provisions of this Act concerning political financing that came into force on the same day as this section.

64. Subsection 541(1) of the Act is replaced by the following:

Inspection of instructions, corresponden ce and other reports

541. (1) All documents referred to in section 403.35, 424, 429, 435.3, 435.35, 451, 455, 478.23 or 478.3, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions or rulings by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours.

TRANSITIONAL PROVISIONS

Prior contributions

65. A contribution made before the coming into force of this section shall not be taken into account for the purposes of subsections 404.1(1) and 405(1) of the Canada Elections Act, as enacted by this Act.

Coming into force during an election period

66. (1) If this section comes into force during an election period, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses.

Prior elections

(2) For greater certainty, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to any election that preceded the coming into force of this section and to all related obligations or rights including obligations to report and rights to reimbursement of election expenses.

Coming into force during a leadership contest

67. If this section comes into force during a competition for the selection of the leader of a registered party, the Canada Elections Act, as amended by this Act, does not apply with respect to that competition.

Suspended party

68. A political party whose registration is suspended immediately before this section comes into force is deregistered on the day on which it comes into force. The Canada Elections Act, as amended by this Act, applies with respect to the deregistration.

Financial reporting - registered parties

69. (1) Despite section 66, for the fiscal period of a registered party during which this section comes into force,

    (a) sections 424 to 427 and 429 to 431 of the Canada Elections Act, as amended by this Act, apply in respect of the documents that the registered party must provide in relation to that fiscal period; and

    (b) with respect to contributions accepted by a registered party during that fiscal period and before the coming into force of this section, subsection 424(2) shall apply as if paragraphs 424(2)(a) to (c.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 424(2)(c) shall be applied without regard to the words ``for its use, either directly or through one of its electoral district associations or a trust fund established for the election of a candidate endorsed by the registered party''.

Prior fiscal period

(2) Sections 424 to 428 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered party must provide in relation to any fiscal period ending before the coming into force of this section.

Electoral campaign return of candidate

70. For the electoral campaign return of a candidate filed after this section comes into force,

    (a) sections 451 to 456 of the Canada Elections Act, as amended by this Act, apply; and

    (b) with respect to contributions accepted by a candidate before the coming into force of this section, subsection 451(2) shall apply as if paragraphs 451(2)(f) to (h.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 451(2)(h) shall be applied without regard to the words ``either directly or through a registered party that endorses the candidate or through one of its trust funds, a trust fund established for the election of the candidate or an electoral district association''.

Proportionate allowance

71. (1) For the quarter during which this section comes into force, the allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by this Act, shall be proportionate to that part of the quarter during which that section is in force.

Advance payment

(2) The allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by section 40 of this Act, for the quarter during which this section comes into force and for any remaining quarters of the year during which it comes into force shall be estimated on the basis of the most recent general election preceding the coming into force of this section and paid within 30 days after its coming into force. Subsection 435.02(2) of the Canada Elections Act, as enacted by this Act, applies to that payment with any modifications that may be required.

Advance payment to be taken into account

(3) In the application of sections 435.01 and 435.02 of the Canada Elections Act, as enacted by this Act, any amount paid under subsection (2) in relation to a quarter shall be taken into account. A registered party that received an amount under subsection (2) for a quarter that is in excess of the amount to which it is entitled under those sections for that quarter shall without delay return to the Receiver General the amount of that excess. The Receiver General may reduce any other amount payable to the party by the amount of that excess.

Next general election

72. For the first general election after the coming into force of this section, the reference to ``50%'' in subsection 435(1) of the Canada Elections Act, as enacted by this Act, shall be read as a reference to ``60%''.

R.S., c. 1, (5th Supp.)

INCOME TAX ACT

73. (1) Subsections 127(3) to (4.1) of the Income Tax Act are replaced by the following:

Monetary contributions - Canada Elections Act

(3) There may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year in respect of the total of all amounts each of which is a monetary contribution referred to in the Canada Elections Act made by the taxpayer in the year to a registered party, a provincial division of a registered party, a registered association or a candidate, as those terms are defined in that Act,

    (a) when that total does not exceed $400, 75% of that total,

    (b) when that total exceeds $400 and does not exceed $750, $300 plus 50% of the amount by which that total exceeds $400, and

    (c) when that total exceeds $750, the lesser of

      (i) $650, and

      (ii) $475 plus 33 1/3% of the amount by which the total exceeds $750,

if payment of each monetary contribution that is included in that total is evidenced by filing with the Minister a receipt, signed by the agent authorized under that Act to accept that monetary contribution, that contains prescribed information.

Issue of receipts

(3.1) A receipt referred to in subsection (3) must be issued only in respect of the monetary contribution that it provides evidence for and only to the contributor who made it.

Authorization required for receipts from registered associations

(3.2) No agent of a registered association of a registered party shall issue a receipt referred to in subsection (3) unless the leader of the registered party has, in writing, notified the financial agent, as referred to in the Canada Elections Act, of the registered association that its agents are authorized to issue those receipts.

Monetary contributions - form and content

(4.1) For the purpose of subsections (3), (3.1) and (4.2), a monetary contribution made by a taxpayer may be in the form of cash or of a negotiable instrument issued by the taxpayer. However, it does not include

    (a) a monetary contribution that a taxpayer who is an agent authorized under the Canada Elections Act to accept monetary contributions makes in that capacity; or

    (b) a monetary contribution in respect of which a taxpayer has received or is entitled to receive a financial benefit of any kind (other than a prescribed financial benefit or a deduction under subsection (3)) from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan or deduction from tax or an allowance or otherwise.

(2) Subsection (1) applies to monetary contributions made in taxation years ending after 2003.

(3) For monetary contributions made in 2004 taxation years but before the day on which subsection 74(1) comes into force, subsection 127(3) of the Income Tax Act is to be read as enacted by subsection (1) except that the expression ``to a registered party, a registered association, or a candidate'' is to be replaced by the expression ``to a registered party or a candidate''.

(4) If the day on which subsection 74(1) comes into force occurs during an election period, within the meaning assigned by the Canada Elections Act, subsection 127(3) of the Income Tax Act is to be read, in respect of that election, as described by subsection (3).

74. (1) Section 230.1 of the Act is replaced by the following:

Records re monetary contributions - Canada Elections Act

230.1 (1) Every agent authorized under the Canada Elections Act to accept monetary contributions referred to in that Act shall keep records, sufficient to enable each monetary contribution within the meaning assigned by subsection 127(4.1) that they receive and the expenditures that they make to be verified, (including a duplicate of the receipt referred to in subsection 127(3) for each of those monetary contributions) at

    (a) in the case of an agent other than an official agent of a candidate, the address recorded in the registry of parties or of electoral district associations referred to in the Canada Elections Act; and

    (b) in the case of an official agent of a candidate, the agent's address set out in the nomination papers filed under that Act with the returning officer when the candidate was a prospective candidate or any other address that the Minister designates.

Information Return

(2) Each agent to whom subsection (1) applies shall file with the Minister an information return in prescribed form and containing prescribed information. The return is to be filed within the period for the filing of a financial transactions return or an electoral campaign return, as the case may be, under the Canada Elections Act.

Application of subsections 230(3) to (8)

(3) Subsections 230(3) to (8) apply, with any modifications that the circumstances require, in respect of the keeping of records by agents as required by subsection (1).

(2) On and after the day on which this Act receives royal assent but before the day on which subsection (1) comes into force, subsection 230.1 of the Income Tax Act is to be read as enacted by subsection (1) except that paragraph 230.1(1)(a), as enacted by that subsection, is to be read without reference to the expression ``or of registered associations''.

(3) If the day on which subsection (1) comes into force occurs during an election period, within the meaning assigned by the Canada Elections Act, paragraph 230.1(1)(a) of the Income Tax Act is to be read, in respect of that election, as described by subsection (2).

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