| Auditor's
report
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(2) The third party's auditor shall report on
the election advertising report and shall make
any examination that will enable the auditor to
give an opinion in the report as to whether the
election advertising report presents fairly the
information contained in the accounting
records on which it is based.
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| Statement
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(3) An auditor shall include in the report any
statement that the auditor considers necessary,
when
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(a) the election advertising report that is the
subject of the auditor's report does not
present fairly the information contained in
the accounting records on which it is based;
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(b) the auditor has not received from the
third party all of the required information
and explanation; or
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(c) based on the auditor's examination, it
appears that proper accounting records
have not been kept by the third party.
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| Right of
access
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(4) The auditor shall have access at any
reasonable time to all of the documents of the
third party, and may require the third party to
provide any information or explanation, that,
in the auditor's opinion, is necessary to enable
the auditor to prepare the report.
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| Corrections to
election
expenses
report
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361. The Chief Electoral Officer may make
a correction in a report referred to in
subsection 359(1) if the error does not
materially affect the substance of the report.
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| Publication
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362. The Chief Electoral Officer shall, in
the manner he or she considers appropriate,
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(a) publish the names and addresses of
registered third parties, as they are
registered; and
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(b) publish, within one year after the issue
of the writ, reports made under subsection
359(1).
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| Definition of
``electoral
district
association''
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363. In this Part, ``electoral district
association'' of a political party means an
association of members of the political party
in an electoral district.
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| Annual fiscal
period
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364. The fiscal period of a registered party
is the calendar year.
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| Deeming
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365. For the purposes of this Part, a
candidate is deemed to have been a candidate
from the time he or she accepts a contribution
or incurs an electoral campaign expense
referred to in section 406.
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Registration of Political Parties
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Application for Registration
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| Application
for
registration
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366. (1) The leader of a political party may
apply to the Chief Electoral Officer for the
political party to become a registered party.
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| Contents of
application
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(2) An application for registration must
include
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(a) the full name of the political party;
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(b) the short-form name of the party, or its
abbreviation, if any, that is to be shown in
election documents;
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(c) the party's logo, if any;
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(d) the name and address of the leader of the
party;
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(e) the address of the office of the party
where records are maintained and to which
communications may be addressed;
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(f) the names and addresses of the officers
of the party;
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(g) the name and address of the appointed
auditor of the party and their signed consent
to act;
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(h) the name and address of the party's chief
agent and his or her signed consent to act;
and
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(i) the names, addresses and signatures of
100 electors who are members of the party.
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| Withdrawal of
application
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367. A leader who has made an application
under subsection 366(1) may withdraw it at
any time before registration by sending a
signed request to that effect to the Chief
Electoral Officer.
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| Eligibility for
registration
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368. A political party whose leader has
made an application under subsection 366(1)
becomes eligible for registration if
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(a) its name, short-form name, abbreviation
or logo does not
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(i) so resemble the name, short-form
name, abbreviation or logo of a
registered party or an eligible party that
it would, in the Chief Electoral Officer's
opinion, likely be confused with it, or
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(ii) include the word ``independent'' or a
word that so resembles ``independent''
that it would, in the Chief Electoral
Officer's opinion, likely be confused
with it;
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(b) the party has appointed a chief agent and
an auditor; and
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(c) the Chief Electoral Officer is satisfied
that the party has provided the information
required under subsection 366(2).
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| Notification
of eligibility
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369. (1) The Chief Electoral Officer shall
inform the leader of a political party that has
applied to become registered as soon as
practicable after the day on which the
application is received, whether or not the
party is eligible for registration under section
368.
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| Loss of
eligibility
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(2) A political party that, having been
informed of its eligibility under subsection
(1), contravenes any of sections 371 and 376
to 381, subsections 382(1), (3) and (4) and
383(1) and section 384 loses its eligibility to
become a registered party.
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| Registration
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370. (1) An eligible party becomes a
registered party if it has candidates whose
nomination has been confirmed in 50 electoral
districts for a general election and its
application to become registered was made 60
days before the issue of the writs for the
general election and has not been withdrawn.
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| Late
application
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(2) A political party that makes its
application after the 60 days referred to in
subsection (1) becomes a registered party for
the next following general election if it
satisfies the requirements of that subsection.
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| Notification
of registration
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(3) The Chief Electoral Officer shall, as
soon as practicable after the 48-hour period
following the closing of nominations, inform
the leader of an eligible party whether or not
the party has been registered in accordance
with subsection (1).
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| Loss of
eligibility
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(4) An eligible party loses its eligibility on
being informed, under subsection (3), that it
has not been registered.
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| Eligible party
deemed
registered
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(5) For the purposes of sections 407, 422,
429 and 435, an eligible party that becomes
registered under subsection (1) is deemed to
have been registered from the issue of the
writs for that election.
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| Report on
agents of
eligible
parties
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371. An eligible party shall, within 30 days
after being informed, under subsection
369(1), of its eligibility, provide the Chief
Electoral Officer with a written report,
certified by its leader or chief agent,
containing the name and address of any person
appointed as its registered agent and any terms
and conditions to which the appointment is
subject. The Chief Electoral Officer shall, on
the registration of the eligible party, register
that information in the registry of parties.
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| Statement of
assets and
liabilities
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372. Within six months after becoming a
registered party, the registered party shall
provide the Chief Electoral Officer with
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(a) a statement of its assets and liabilities,
including any surplus or deficit, as of the
effective date of the registration;
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(b) a report on that statement made by the
registered party's auditor to its chief agent
that contains the auditor's opinion as to
whether that statement presents fairly the
information on which it is based; and
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(c) a declaration in the prescribed form by
the chief agent of the registered party
concerning that statement.
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| Adjustment of
fiscal period
for newly
registered
party
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373. Without delay after becoming
registered, a political party shall, if necessary,
vary its fiscal period so that it ends at the end
of the calendar year. The then current fiscal
period may not be less than 6 months or more
than 18 months.
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| Registry of
parties
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374. The Chief Electoral Officer shall
maintain a registry of parties that contains the
information referred to in paragraphs
366(2)(a) to (h) and in subsections 375(3) and
390(3).
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Registered Agents and Auditors
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| Registered
agents
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375. (1) A registered party may, subject to
any terms and conditions that it specifies,
appoint persons to act as its registered agents.
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| Electoral
district agents
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(2) On the recommendation of an electoral
district association of a registered party, the
registered party may appoint a person, to be
known as an electoral district agent, to
exercise the powers and perform the duties of
a registered agent of the registered party in the
electoral district.
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| Report of
appointment
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(3) Within 30 days after an appointment of
a person as a registered agent, the registered
party shall provide the Chief Electoral Officer
with a written report, certified by its leader or
chief agent, that includes the person's name
and address and any terms and conditions to
which the appointment is subject. The Chief
Electoral Officer shall enter that information
in the registry of parties.
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| Agents -
eligible
corporations
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376. (1) A corporation incorporated under
the laws of Canada or a province is eligible to
be
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(a) a chief agent or a registered agent of a
registered party; or
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(b) a chief agent or an agent of an eligible
party.
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| Agents -
ineligible
persons
|
(2) The following persons are not eligible to
be a chief agent, a registered agent or an agent:
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(b) an auditor appointed as required by this
Act;
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(c) subject to subsection (1), a person who
is not an elector; and
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(d) a person who does not have the capacity
to enter into contracts in the province in
which the person ordinarily resides.
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| Auditor -
eligibility
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377. (1) Only the following are eligible to
be an auditor for a registered party or an
eligible party:
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(a) a person who is a member in good
standing of a corporation, an association or
an institute of professional accountants; or
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(b) a partnership of which every partner is
a member in good standing of a corporation,
an association or an institute of professional
accountants.
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| Auditor -
ineligible
persons
|
(2) The following persons are not eligible to
be an auditor:
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(c) an official agent of a candidate;
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(d) a chief agent of a registered party or an
eligible party; and
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(e) a registered agent of a registered party.
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| Consent
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378. A registered party or an eligible party
shall obtain from a chief agent or auditor, on
appointment, their signed consent to so act.
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| Death,
incapacity,
resignation or
revocation
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379. (1) In the event of the death,
incapacity, resignation or revocation of the
appointment of its chief agent or auditor, a
registered party or eligible party shall without
delay appoint a replacement.
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| Report of
appointment
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(2) Within 30 days after the appointment of
a replacement under subsection (1), a
registered party or eligible party shall inform
the Chief Electoral Officer of it by providing
a report under subsection 382(1).
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| Only one
chief agent
and auditor
|
380. A registered party or eligible party
shall have only one chief agent and one
auditor at a time.
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| Prohibition -
agents
|
381. (1) No person who is not eligible to be
a chief agent or registered agent of a registered
party or of an eligible party shall so act.
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| Prohibition -
auditor
|
(2) No person who is not eligible to be an
auditor of a registered party or an eligible
party shall so act.
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Change of Information in Registry of Parties
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| Changes in
registered
information
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382. (1) Within 30 days after a change in the
information referred to in subsection 366(2),
a registered party or eligible party shall report
the change in writing to the Chief Electoral
Officer. The report must be certified by the
party's leader.
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| New name,
abbreviation
or logo
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(2) A report of a change in the information
referred to in paragraphs 366(2)(a) to (c) must
include a copy of the resolution of the party to
make the change. If the changed information
complies with subparagraph 368(a)(i) or (ii),
the change is deemed to be effective as of
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(a) the day after polling day, in the case of
a report made during an election period;
and
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(b) the day on which the report was made,
in any other case.
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| New leader
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(3) A report of a change of leader for a party
must include a copy of the resolution of the
party to appoint the new leader, certified by
the new leader and another officer of the party.
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| New auditor
or chief agent
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(4) A report under subsection (1) that
involves the replacement of the auditor or
chief agent must include a copy of the signed
consent under section 378.
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| Registration
of change
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(5) The Chief Electoral Officer shall enter
any change in the information referred to in
this section in the registry of parties.
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| Confirmation
of information
at general
election
|
383. (1) A registered party and an eligible
party shall, not later than 10 days after the
issue of the writs for a general election,
provide the Chief Electoral Officer with
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(a) a statement certified by its leader
confirming the validity of the information
on the party in the registry of parties; or
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(b) if there is a change in that information,
the report referred to in subsection 382(1).
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| Endorsement
of candidates
|
(2) A registered party and an eligible party,
whose leader designates representatives to
endorse candidates at a general election, shall
include with the statement or report referred to
in subsection (1) a statement certified by its
leader that sets out the names of the designated
representatives.
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| Confirmation
of registration
yearly
|
384. On or before June 30 of every year, a
registered party and an eligible party shall
provide the Chief Electoral Officer with
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(a) a statement certified by its leader
confirming the validity of the information
on that party in the registry of parties; or
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(b) if there is a change in that information,
the report made under subsection 382(1) on
the change.
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