|
|
|
|
|
|
|
|
|
|
Registration of Electoral District
Associations
|
|
| Duty to
register
|
403.01 No electoral district association of a
registered party shall, unless it is registered,
|
|
|
|
(a) accept contributions;
|
|
|
|
(b) provide goods or services or transfer
funds to a candidate endorsed by a
registered party;
|
|
|
|
(c) provide goods or services or transfer
funds to a registered party or a registered
association; or
|
|
|
|
(d) accept surplus electoral funds of a
candidate, surplus leadership campaign
funds of a leadership contestant or surplus
nomination campaign funds of a
nomination contestant.
|
|
| Contents of
application
|
403.02 (1) An application for registration of
an electoral district association of a registered
party may be submitted to the Chief Electoral
Officer by the association, and must include
|
|
|
|
(a) the full name of the association;
|
|
|
|
(b) the full name of the registered party;
|
|
|
|
(c) the address of the office of the
association at which records are maintained
and to which communications may be
addressed;
|
|
|
|
(d) the names and addresses of the chief
executive officer and other officers of the
association;
|
|
|
|
(e) the name and address of the appointed
auditor of the association; and
|
|
|
|
(f) the name and address of the financial
agent of the association.
|
|
| Accompanyin
g documents
|
(2) The application must be accompanied
by
|
|
|
|
(a) the signed consent of the financial agent
to so act;
|
|
|
|
(b) the signed consent of the auditor to so
act; and
|
|
|
|
(c) a declaration signed by the leader of the
party certifying that the electoral district
association is an electoral district
association of the party.
|
|
| Examination
of application
|
(3) The Chief Electoral Officer shall
register an electoral district association that
meets the requirements of subsections (1) and
(2). In the case of a refusal to register, the
Chief Electoral Officer shall indicate which of
those requirements have not been met.
|
|
| Date of
registration
|
(4) An electoral district association is
registered as of the date on which the Chief
Electoral Officer enters it in the registry of
electoral district associations.
|
|
| Only one
registered
association
per district
|
403.03 A registered party may not have
more than one registered association in an
electoral district.
|
|
| Election
period -
contributions
and expenses
|
403.04 No electoral district association of a
registered party shall, during an election
period in that electoral district,
|
|
|
|
(a) accept contributions; or
|
|
|
|
(b) incur expenses for election advertising,
as defined in section 319.
|
|
| Statement of
assets and
liabilities
|
403.05 Within six months after becoming a
registered association, the association shall
provide the Chief Electoral Officer with
|
|
|
|
(a) a statement, prepared in accordance
with generally accepted accounting
principles, of its assets and liabilities,
including any surplus or deficit, as of the
day before the effective date of the
registration;
|
|
|
|
(b) a report on that statement made by the
registered association's auditor to its
financial agent that contains the auditor's
opinion as to whether that statement
presents fairly and in accordance with
generally accepted accounting principles
the information on which it is based; and
|
|
|
|
(c) a declaration in the prescribed form by
the financial agent of the registered
association that the statement is complete
and accurate.
|
|
| Annual fiscal
period
|
403.06 The fiscal period of a registered
association is the calendar year.
|
|
| Adjustment of
fiscal period
for newly
registered
associations
|
403.07 Without delay after becoming
registered, a registered association 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.
|
|
| Registry of
electoral
district
associations
|
403.08 The Chief Electoral Officer shall
maintain a registry of electoral district
associations that contains the information
referred to in subsection 403.02(1).
|
|
| Appointments
|
403.09 (1) A registered association may,
subject to any terms and conditions that it
specifies, appoint, as electoral district agents,
persons who are authorized by the association
to accept contributions and incur expenses on
behalf of the association.
|
|
| Report of
appointment
|
(2) Within 30 days after the appointment of
an electoral district agent, the registered
association shall provide the Chief Electoral
Officer with a written report, certified by its
financial agent, that includes the name and
address of the person appointed and any terms
and conditions to which the appointment is
subject. The Chief Electoral Officer shall
enter that information in the registry of
electoral district associations.
|
|
| Agents -
corporations
|
403.1 (1) A corporation incorporated under
the laws of Canada or a province is eligible to
be the financial agent or an electoral district
agent of a registered association.
|
|
| Agents -
ineligible
persons
|
(2) The following persons are not eligible to
be a financial agent or an electoral district
agent:
|
|
|
|
(a) an election officer or a member of the
staff of a returning officer;
|
|
|
|
|
|
|
|
(c) an auditor appointed as required by this
Act;
|
|
|
|
(d) subject to subsection (1), a person who
is not an elector;
|
|
|
|
(e) an undischarged bankrupt; and
|
|
|
|
(f) a person who does not have the capacity
to enter into contracts in the province in
which the person ordinarily resides.
|
|
| Auditor -
eligibility
|
403.11 (1) Only the following are eligible to
be an auditor for a registered association:
|
|
|
|
(a) a person who is a member in good
standing of a corporation, an association or
an institute of professional accountants; or
|
|
|
|
(b) a partnership of which every partner is
a member in good standing of a corporation,
an association or an institute of professional
accountants.
|
|
| Auditor -
ineligible
persons
|
(2) The following persons are not eligible to
be an auditor for a registered association:
|
|
|
|
(a) election officers and members of the
staff of returning officers;
|
|
|
|
(b) chief agents of registered parties or
eligible parties and registered agents of
registered parties;
|
|
|
|
(c) candidates and official agents of
candidates;
|
|
|
|
(d) electoral district agents of registered
associations;
|
|
|
|
(e) leadership contestants and their
leadership campaign agents;
|
|
|
|
(f) nomination contestants and their
financial agents; and
|
|
|
|
(g) financial agents of registered third
parties.
|
|
| Consent
|
403.12 A registered association shall obtain
from the financial agent or auditor, on
appointment, their signed consent to so act.
|
|
| Death,
incapacity,
resignation or
revocation
|
403.13 In the event of the death, incapacity,
resignation or revocation of the appointment
of its financial agent or auditor, a registered
association shall without delay appoint a
replacement.
|
|
| Only one
financial
agent and
auditor
|
403.14 A registered association shall have
no more than one financial agent and one
auditor at a time.
|
|
| Prohibition -
agents
|
403.15 (1) No person who is not eligible to
be a financial agent or an electoral district
agent of a registered association shall so act.
|
|
| Prohibition -
auditor
|
(2) No person who is not eligible to be an
auditor of a registered association shall so act.
|
|
| New auditor
or financial
agent
|
403.16 (1) Within 30 days after a change in
the information referred to in subsection
403.02(1) other than paragraph 403.02(1)(b),
a registered association shall report the
change in writing to the Chief Electoral
Officer. The report must be certified by the
chief executive officer of the association.
|
|
| New auditor
or financial
agent
|
(2) A report under subsection (1) that
involves the replacement of the auditor or
financial agent of the registered association
must include a copy of the signed consent
obtained under section 403.12.
|
|
| Registration
of change
|
(3) The Chief Electoral Officer shall enter
any change in the information referred to in
this section in the registry of electoral district
associations.
|
|
| Confirmation
of registration
yearly
|
403.17 On or before May 31 of every year,
a registered association shall provide the
Chief Electoral Officer with
|
|
|
|
(a) a statement certified by its chief
executive officer confirming the validity of
the information concerning that association
in the registry of electoral district
associations; or
|
|
|
|
(b) if there is a change in that information,
the report made under subsection 403.16(1)
of the change.
|
|
|
|
Deregistration of Registered Associations
|
|
| Deregistration
- failure to
provide
documents
|
403.18 The Chief Electoral Officer may
deregister a registered association if the
association fails to provide
|
|
|
|
(a) confirmation under section 403.17 of
the validity of the registered information;
|
|
|
|
(b) any of the documents referred to in
subsection 403.16(1) or (2) with respect to
a replacement of its auditor or financial
agent;
|
|
|
|
(c) a report under subsection 403.09(2)
concerning the appointment of an electoral
district agent;
|
|
|
|
(d) a report under subsection 403.16(1) of a
change in any other registered information;
|
|
|
|
(e) any of the documents referred to in
section 403.05; or
|
|
|
|
(f) a report that is required to be filed under
subsection 478.02(1).
|
|
| Deregistration
- failure to
file return
|
403.19 The Chief Electoral Officer may
deregister a registered association if its
financial agent fails to provide the Chief
Electoral Officer with a document for a fiscal
year in accordance with subsection 403.35(1).
|
|
| Voluntary
deregistration
|
403.2 (1) On application by a registered
association to become deregistered, signed by
its chief executive officer and the financial
agent, the Chief Electoral Officer may
deregister the association.
|
|
| Deregistration
at the request
of the party
|
(2) On application by a registered party,
signed by its leader and two of its officers, to
deregister one of its registered associations,
the Chief Electoral Officer shall deregister the
association.
|
|
| Exception
|
(3) Subsections (1) and (2) do not apply
during an election period in the electoral
district of the registered association.
|
|
| Procedure for
non-voluntary
deregistration
|
403.21 (1) If the Chief Electoral Officer
believes on reasonable grounds that a
registered association or its financial agent
has omitted to perform any obligation referred
to in section 403.18 or 403.19, the Chief
Electoral Officer shall, in writing, notify the
chief executive officer and the financial agent
of the association that the association or
financial agent must
|
|
|
|
(a) rectify the omission by the discharge of
those obligations within 30 days after
receipt of the notice; or
|
|
|
|
(b) satisfy the Chief Electoral Officer that
the omission was not the result of
negligence or a lack of good faith.
|
|
| Extension or
exemption
|
(2) If paragraph (1)(b) applies, the Chief
Electoral Officer may amend the notice by
|
|
|
|
(a) exempting, in whole or in part, the
recipients of the notice from complying
with the obligations referred to in section
403.18 or 403.19; or
|
|
|
|
(b) specifying a period for compliance with
the obligations referred to in paragraph
(1)(a).
|
|
| Copy of
notice
|
(3) A copy of any notice or amendment
under subsection (1) or (2) shall be sent to the
leader and the chief agent of the registered
party with which the registered association is
affiliated.
|
|
| Deregistration
|
(4) The Chief Electoral Officer may
deregister a registered association if the
association or its financial agent fails to
comply with a notice referred to in subsection
(1) or with an amended notice under
subsection (2).
|
|
| Electoral
Boundaries
Readjustment
Act
|
403.22 A registered association in an
electoral district whose boundaries are revised
as a result of a representation order under
section 25 of the Electoral Boundaries
Readjustment Act is deregistered on the day on
which the representation order takes effect
under subsection 25(1) of that Act and, despite
paragraph 403.01(c), may transfer goods or
funds to the registered party with which it is
affiliated or to one of that party's registered
associations in the six months after that day.
Any such transfer is not a contribution for the
purposes of this Act.
|
|
| Notice of
deregistration
|
403.23 (1) If the Chief Electoral Officer
deregisters a registered association under
section 403.2 or subsection 403.21(4), the
Chief Electoral Officer shall so notify the
association and the registered party with
which it is affiliated.
|
|
| Date of
deregistration
|
(2) The notice under subsection (1) shall
specify the effective date of the deregistration,
which shall be at least 15 days after the day on
which the notice is sent.
|
|
| Publication
|
403.24 (1) If a registered association is
deregistered for any reason other than the
deregistration of the political party with which
it is affiliated, the Chief Electoral Officer shall
without delay cause a notice of deregistration
to be published in the Canada Gazette.
|
|
| Entry of
deregistration
in registry of
electoral
district
associations
|
(2) The Chief Electoral Officer shall
indicate any deregistration of a registered
association in the registry of electoral district
associations.
|
|
| Effect of
deregistration
|
403.25 A deregistered electoral district
association continues to have the obligations
of a registered association for the application
of section 403.26.
|
|
| Fiscal period
and returns
|
403.26 The financial agent of a deregistered
electoral district association shall, within six
months after the day of its deregistration,
provide the Chief Electoral Officer with the
documents referred to in subsection 403.35(1)
for
|
|
|
|
(a) the portion of its current fiscal period
ending on the day of its deregistration; and
|
|