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PART 22 |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE |
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Transitional Provisions |
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| Statement of
assets and
liabilities -
coming into
force before
July 1
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555. (1) If this Act comes into force before
July 1 in a year, a registered party that is
registered on that coming into force shall,
within six months after that coming into
force, provide the Chief Electoral Officer
with
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| Statement of
assets and
liabilities -
coming into
force after
June 30
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(2) If this Act comes into force after June
30 in a year, a registered party that is
registered on that coming into force shall,
within six months after the end of the then
current fiscal year, provide the Chief
Electoral Officer with a statement of its
assets and liabilities, including any surplus
or deficit, as of December 31 of the then
current fiscal year, and the documents
referred to in paragraphs (1)(b) and (c) in
relation to that statement.
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| Financial
reporting -
registered
parties
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556. If this Act comes into force after
June 30 in a year,
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| Financial
reporting -
merging
parties
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557. If this Act comes into force after
June 30 in a year, sections 43 to 46 of the
Canada Elections Act, as they read
immediately before the coming into force of
this Act, apply in respect of the provision of
documents by merging parties in relation to
their financial transactions for the portion
of their then current fiscal periods before
the merger takes effect and for any earlier
fiscal periods for which those documents
have not been provided.
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| Electoral
campaign
return of
candidate
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558. An official agent need only include in
an electoral campaign return of a candidate
the information referred to in
subparagraph 451(2)(i) in respect of
contributions made since the coming into
force of this section.
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Consequential Amendments |
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| R.S., c. E-3
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Electoral Boundaries Readjustment Act
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559. Subsection 25(2) of the Electoral
Boundaries Readjustment Act is replaced by
the following:
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| Returning
officers
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(2) For the purpose only of authorizing and
enabling the appointment, under section 24 of
the Canada Elections Act, of returning
officers whenever required, the representation
order is deemed to be in force effective on the
day on which the proclamation declaring it to
be in force was issued.
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| R.S., c. 1 (5th
Supp.)
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Income Tax Act
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560. (1) Subsections 127(3) to (4.2) of the
Income Tax Act are replaced by the
following:
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| Contributions
to registered
parties and
candidates
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(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 made by the taxpayer in the year
to a registered party or to a candidate whose
nomination has been confirmed in an election
of a member or members to serve in the House
of Commons of Canada (in this section
referred to as ``the total''),
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if payment of each monetary contribution that
is included in the total is proven by filing a
receipt with the Minister, signed by a
registered agent of the registered party or by
the official agent of the candidate whose
nomination has been confirmed, as the case
may be, that contains prescribed information.
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| Issue of
receipts
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(3.1) A receipt referred to in subsection (3)
shall not be issued
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otherwise than in respect of a monetary
contribution and to the contributor who made
it.
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| Deposit of
amounts
contributed
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(3.2) An official agent of a candidate whose
nomination has been confirmed - other than
in an electoral district referred to in Schedule
3 to the Canada Elections Act - who
receives a monetary contribution, shall
without delay deposit it in an account in the
name of the official agent, in his or her
capacity as such, in a branch or other office in
Canada of a Canadian financial institution as
defined in section 2 of the Bank Act, or in an
authorized foreign bank, as defined in that
section, that is not subject to the restrictions
and requirements referred to in subsection
524(2) of that Act.
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| Definitions
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(4) In subsections (3), (3.1), (3.2) and (4.1),
the terms ``official agent'', ``registered agent''
and ``registered party'' have the meanings
assigned to them by subsection 2(1) of the
Canada Elections Act and the expression
``candidate whose nomination has been
confirmed'' means a person whom the
returning officer has, under subsection 71(1)
of that Act, confirmed as a candidate in an
election.
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| Definition of
``amount
contributed''
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(4.1) In subsections (3), (3.1), (3.2) and
(4.2), ``monetary contribution'' made by a
taxpayer means a contribution made by the
taxpayer to a registered party or to a candidate
whose nomination has been confirmed in the
form of cash or in the form of a negotiable
instrument issued by the taxpayer, but does not
include
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| Allocation of
amount
contributed
among
partners
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(4.2) Where a taxpayer was, at the end of a
taxation year of a partnership, a member of the
partnership, the taxpayer's share of any
monetary contribution made by the
partnership in that taxation year that would, if
the partnership were a person, be a monetary
contribution referred to in subsection (3), is,
for the purposes of that subsection, deemed to
be a monetary contribution made by the
taxpayer in the taxpayer's taxation year in
which the taxation year of the partnership
ended.
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(2) Subsection 127(3) of the Act, as
enacted by subsection (1), applies to the
2000 and subsequent taxation years except
that, in its application to money
contributions made after 1999 and before
the coming into force of this Act, the
references in that subsection to ``a
monetary contribution made'', ``monetary
contribution'' and a ``candidate whose
nomination has been confirmed'' shall be
read as references to ``an amount
contributed'', ``amount contributed'' and
``an officially nominated candidate'',
respectively.
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(3) Subsections 127(3.2) and (4) of the
Act, as enacted by subsection (1), come into
force on the day on which this Act comes
into force.
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| R.S., c. P-1
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Parliament of Canada Act
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561. Subsection 28(1) of the Parliament of
Canada Act is replaced by the following:
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| Vacancy in
House of
Commons
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28. (1) If a vacancy occurs in the House of
Commons by reason of the death of a member
of the House or the acceptance of an office by
a member of the House, or as a result of the
contestation of the election of a member of the
House under Part 20 of the Canada Elections
Act, the Speaker of the House shall, without
delay, on being informed of the vacancy by
any member of the House in the member's
place or by written notice signed by any two
members of the House, or on receipt of the
final decision on the contestation of the
election, address a warrant of the Speaker to
the Chief Electoral Officer for the issue of a
writ for the election of a member to fill the
vacancy.
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562. Subsection 29(2) of the Act is
replaced by the following:
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| Deemed
vacancy
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(1.1) A warrant may be issued to the Chief
Electoral Officer for the issue of a writ for the
election of a member of the House of
Commons to fill any vacancy that is deemed
to occur where a report sent under paragraph
318(a) of the Canada Elections Act is received
stating that no candidate was declared elected
in the electoral district because of the equality
of votes.
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| Deemed
by-election
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(1.2) An election held in the circumstances
set out in subsection (1.1) is deemed to be a
by-election.
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| When writ
may be issued
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(2) A writ may be issued
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563. Subsections 30(2) and (3) of the Act
are repealed.
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564. Subsection 31(3) of the French
version of the Act is replaced by the
following:
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| Dissolution du
Parlement
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(3) En cas de dissolution du Parlement après
l'émission du bref, celui-ci est réputé
remplacé et retiré.
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565. Subparagraph 63(3)(b)(ii) of the Act
is replaced by the following:
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| 1992, c. 30
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Referendum Act
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566. Subsection 13(6) of the French
version of the Referendum Act is replaced
by the following:
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| Titre d'un
parti
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(6) Pour l'application du paragraphe (5), le
titre d'un parti s'entend à la fois du titre
complet du parti ainsi que de tout autre titre ou
abréviation utilisés pour le désigner dans les
documents électoraux.
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567. The heading before section 29 of the
French version of the Act is replaced by the
following:
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DÉPOUILLEMENT JUDICIAIRE |
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568. (1) Subsections 29(1) and (2) of the
Act are replaced by the following:
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| Application
by Her
Majesty in
right in
Canada
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29. (1) Her Majesty in right of Canada may,
not later than ten days after the validation of
results has been completed in an electoral
district, apply for a recount of the votes cast in
the electoral district on a referendum question
to a judge to whom an application for a recount
may be made under the Canada Elections Act
in respect of the electoral district.
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| Application
by Her
Majesty in
right of a
province or an
elector
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(2) Her Majesty in right of a province or any
elector ordinarily resident in a province may,
not later than ten days after the validation of
results has been completed in an electoral
district in the province, apply for a recount of
the votes cast in the electoral district on a
referendum question to a judge to whom an
application for a recount may be made under
the Canada Elections Act in respect of the
electoral district.
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(2) Subsections 29(5) and (6) of the
French version of the Act are replaced by
the following:
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| Dépouille- ment judiciaire
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(5) Le juge ordonne le dépouillement et en
fixe la date lorsqu'il est convaincu que les
voix exprimées dans la circonscription ont pu
être mal comptées ou additionnées, rejetées
par erreur ou faire l'objet d'un relevé inexact
et qu'il y a une possibilité raisonnable que le
dépouillement change le résultat du
référendum dans la circonscription.
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| Délai
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(6) La date du dépouillement judiciaire ne
peut être postérieure au quatrième jour suivant
celui de l'ordonnance de dépouillement.
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569. Section 30 of the French version of
the Act is replaced by the following:
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| Présence des
électeurs
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30. Si le juge est convaincu que soit les
électeurs qui favorisent la question, soit ceux
qui s'y opposent, ne sont pas représentés au
dépouillement, trois électeurs qui le
demandent ont le droit d'être présents au nom
du groupe d'électeurs non représenté;
toutefois, aucune autre personne que celles
qui sont visées au présent article ne peut, sans
l'autorisation du juge, être présente.
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| 1996, c. 35,
s. 91
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570. The definition ``referendum officer''
in subsection 32(1) of the Act is replaced by
the following:
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| ``referendum
officer'' « fonctionnair e référendaire »
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``referendum officer'' means returning
officers, assistant returning officers,
additional assistant returning officers,
persons authorized by a returning officer to
perform duties under this Act, revising
agents, deputy returning officers, poll
clerks, registration officers, information
officers, persons responsible for
maintaining order at a central polling place,
central poll supervisors, persons appointed
to collect ballot boxes, the special voting
rules administrator, special ballot officers,
liaison officers for correctional institutions
and deputy returning officers and poll
clerks for correctional institutions.
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571. Section 38 of the Act is replaced by
the following:
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| References in
offence
provisions
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38. For the purposes of a prosecution or
proceeding under this Act, the references in
section 508, subsection 510(1), section 511
and subsections 512(1), 514(1) and 515(1) and
(3) of the Canada Elections Act to ``this Act''
shall be construed as references to ``the
Referendum Act''.
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| R.S., c. S-26
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Supreme Court Act
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572. Subsection 59(3) of the Supreme
Court Act is replaced by the following:
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| Non-applicati
on to election
cases
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(3) This section does not apply to appeals
under section 532 of the Canada Elections
Act.
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