Grounds

(3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 403.41(3).

Contents of order

(4) An order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

Date of authorization

(5) For the purposes of this Act, an extension or correction referred to in subsection (1) is authorized on the date of the order or, if the order specifies that conditions are to be met, the date as of which the applicant has met them.

2001, c. 27, s. 214

24. Section 404 of the Act is replaced by the following:

Ineligible contributors

404. (1) No person or entity other than an individual who is a citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.

Return of contributions

(2) If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution from an ineligible contributor, the chief agent of the registered party, the financial agent of the registered association , the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant , as the case may be, shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

Contributions at electoral district level

404.1 (1) Despite subsection 404(1), contributions that do not exceed $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party may be made by

    (a) a corporation or a trade union; or

    (b) an association referred to in subsection 405.3(2) in accordance with that subsection.

Definitions

(2) The following definitions apply in this section.

``corporation' '
« personne morale »

``corporation'' means a corporation together with

      (a) any other corporation controlled, directly or indirectly in any manner whatever, by the corporation; and

      (b) any other corporation that is controlled by the same person or group of persons that controls the corporation, directly or indirectly in any manner whatever.

``trade union''
« syndicat »

``trade union'' means any organization of employees - the purposes of which include the regulation of relations between employers and employees - together with all of its branches or locals.

Ineligible contributors

(3) The following are not eligible to make a contribution under subsection (1):

    (a) a corporation that does not carry on business in Canada;

    (b) a trade union that does not hold bargaining rights for employees in Canada;

    (c) a Crown corporation as defined in section 2 of the Financial Administration Act; and

    (d) a corporation in respect of which the Government of Canada contributes more than 50% of its funding.

Contributions - inclusions and exclusions

404.2 (1) Any money that is used for a candidate's, leadership contestant's or nomination contestant's campaign out of the candidate's or contestant's own funds is considered to be a contribution for the purposes of this Act.

Exclusions - party, registered associations and candidates

(2) A provision of goods or services or a transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    (a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;

    (b) from a registered association to the party with which it is affiliated, another registered association of the party or a candidate endorsed by the party; or

    (c) from a candidate of a registered party to the party or a registered association of the party.

Exclusions - leadership contestants and nomination contestants

(3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    (a) from a leadership contestant of a registered party to the party or a registered association of the party;

    (b) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held; or

    (c) from a registered party to a leadership contestant with funds from a directed contribution referred to in subsection 404.3(3).

Exception

(4) A registered association, a nomination contestant or a candidate of a registered party may not transfer to the party any amount received in accordance with section 404.1 or 405.3.

Certain transfers prohibited

404.3 (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a leadership contestant or a nomination contestant.

Definition of ``directed contribution''

(2) In this section, ``directed contribution'' means an amount, being all or part of a contribution made to a registered party, that the contributor requests in writing be transferred to a particular leadership contestant.

Exception

(3) Subsection (1) does not apply to an amount transferred out of a directed contribution by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.

Presumption

(4) The amount of a directed contribution for transfer to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.

Issuance of receipts

404.4 Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant shall issue a receipt - of which he or she shall keep a copy - for each contribution of more than $10 that he or she accepts.

25. Section 405 of the Act is replaced by the following:

Contribution limits

405. (1) No individual shall make contributions that exceed

    (a) $10,000 in total in any calendar year to a particular registered party and its registered associations, nomination contestants and candidates;

    (b) $10,000 in total to a candidate for a particular election who is not the candidate of a registered party; and

    (c) $10,000 in total to the leadership contestants in a particular leadership contest.

Exception

(2) Subsection (1) does not apply to contributions that are made by way of an unconditional, non-discretionary testamentary disposition.

Adjustment for inflation

405.1 (1) The inflation adjustment factor applicable to the limits established under subsections 404.1(1) and 405(1), in effect for a period of one year beginning on each April 1, is a fraction with

    (a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and

    (b) a denominator that is 119.0, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 2002, calculated on the basis of 1992 being equal to 100.

Adjustment

(2) The amounts set out in subsections 404.1(1) and 405(1) shall be multiplied by the annual inflation adjustment factor referred to in subsection (1) and the resulting amounts apply

    (a) in the cases referred to in subsection 404.1(3) and paragraph 405(1)(a), during the calendar year that commences in that year;

    (b) in the case referred to in paragraph 405(1)(b), with respect to an election whose writ is issued during that year; and

    (c) in the case referred to in paragraph 405(1)(c), with respect to a leadership contest that begins during that year.

The resulting amounts shall be rounded to the nearest hundred dollars.

Publication

(3) Before each April 1, the Chief Electoral Officer shall cause to be published in the Canada Gazette the amounts applicable from that date.

No circumvention of limits

405.2 (1) No person or entity shall

    (a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit set out in subsection 404.1(1) or subsection 405(1); or

    (b) act in collusion with another person or entity for that purpose.

No concealing of source of contribution

(2) No person or entity shall

    (a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or

    (b) act in collusion with another person or entity for that purpose.

Prohibition - accepting excessive contributions

(3) No person who is permitted to accept contributions under this Act shall knowingly accept a contribution that exceeds a limit under this Act.

Prohibition - making indirect contributions

405.3 (1) No person or entity shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of another person or entity that was provided to that person or entity for that purpose.

Exception

(2) Despite subsections (1) and 404(1), an association may make contributions that come from money provided by individuals who are eligible, under subsection 404(1), to make contributions if

    (a) the contributions are made to a registered association, a nomination contestant or a candidate;

    (b) the contributions do not exceed $1,000 in total in any calendar year to the recipients referred to in paragraph (a) of a particular registered party; and

    (c) the association provides, along with each contribution, a statement containing the following information:

      (i) the name and address of the individual who is responsible for the association,

      (ii) the amount of the contribution, and

      (iii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided.

Definition of ``association''

(3) In this section, ``association'' means an unincorporated organization - other than a trade union - together with all of its branches, chapters or any other divisions.

Declaration

(4) Together with the information referred to in paragraph (2)(c), the individual who is responsible for the association shall provide a declaration that the information is complete and accurate.

Prohibition

(5) No individual responsible for an association shall knowingly make a false or misleading declaration relating to the information referred to in paragraph (2)(c).

Amount to be taken into account

(6) For the application of subsection 405(1), an amount of money provided by an individual that was included in a contribution referred to in subsection (2) shall be taken into account in a calculation of contributions by the individual.

Return of contributions

405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution made in contravention of subsection 405.3(1), the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days of becoming aware of the contravention, return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

26. Subsection 407(3) of the Act is amended by striking out the word ``and'' at the end of paragraph (c), by adding the word ``and'' at the end of paragraph (d) and by adding the following after paragraph (d):

    (e) the conduct of election surveys or other surveys or research during an election period.

27. Section 408 of the Act is replaced by the following:

Contributions for ticketed fund-raising functions

408. If a fund-raising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association , a candidate, a leadership contestant or a nomination contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.

28. Subsection 410(1) of the Act is replaced by the following:

Evidence of payment - $50 or more

410. (1) Where an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association , a candidate, a leadership contestant or a nomination contestant and paid by an agent or other person authorized under this Act to pay such an expense , the agent or other person must keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates together with proof that it was paid.

29. (1) Subsection 411(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by adding the following after paragraph (b):

    (c) an electoral district agent of a registered association, as an expense incurred by the association;

    (d) a leadership campaign agent of a leadership contestant, as a leadership campaign expense; or

    (e) the financial agent of a nomination contestant, as a nomination campaign expense.

(2) Subsection 411(3) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by adding the following after paragraph (b):

    (c) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;

    (d) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred; and

    (e) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred.

30. (1) Subsection 412(2) of the Act is replaced by the following:

Publication of returns on financial transactions

(2) The Chief Electoral Officer shall, as soon as practicable after receiving them, in the manner that he or she considers appropriate, publish

    (a) the returns on financial transactions of registered parties and registered associations , and any updated versions of them ;

    (b) the leadership campaign returns of leadership contestants and the returns in respect of contributions of leadership contestants required under subsection 435.31(1) or (2), any updated versions of them and any statements containing information with respect to contributions referred to in paragraph 435.06(2)(d); and