Grounds
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(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).
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Contents of
order
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(4) An order may require that the applicant
satisfy any condition that the judge considers
necessary for carrying out the purposes of this
Act.
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Date of
authorization
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(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.
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2001, c. 27,
s. 214
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24. Section 404 of the Act is replaced by
the following:
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Ineligible
contributors
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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.
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Return of
contributions
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(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.
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Contributions
at electoral
district level
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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
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Definitions
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(2) The following definitions apply in this
section.
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``corporation'
' « personne morale »
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``corporation'' means a corporation together
with
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``trade union'' « syndicat »
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``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.
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Ineligible
contributors
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(3) The following are not eligible to make
a contribution under subsection (1):
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Contributions
- inclusions
and
exclusions
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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.
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Exclusions -
party,
registered
associations
and
candidates
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(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
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Exclusions -
leadership
contestants
and
nomination
contestants
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(3) A transfer of funds is permitted and is
not a contribution for the purposes of this Act
if it is
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Exception
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(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.
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Certain
transfers
prohibited
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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.
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Definition of
``directed
contribution''
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(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.
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Exception
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(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.
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Presumption
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(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.
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Issuance of
receipts
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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.
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25. Section 405 of the Act is replaced by
the following:
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Contribution
limits
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405. (1) No individual shall make
contributions that exceed
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Exception
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(2) Subsection (1) does not apply to
contributions that are made by way of an
unconditional, non-discretionary
testamentary disposition.
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Adjustment
for inflation
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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
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Adjustment
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(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
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The resulting amounts shall be rounded to the
nearest hundred dollars.
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Publication
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(3) Before each April 1, the Chief Electoral
Officer shall cause to be published in the
Canada Gazette the amounts applicable from
that date.
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No
circumvention
of limits
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405.2 (1) No person or entity shall
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No concealing
of source of
contribution
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(2) No person or entity shall
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Prohibition -
accepting
excessive
contributions
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(3) No person who is permitted to accept
contributions under this Act shall knowingly
accept a contribution that exceeds a limit
under this Act.
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Prohibition -
making
indirect
contributions
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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.
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Exception
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(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
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Definition of
``association''
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(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.
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Declaration
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(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.
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Prohibition
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(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).
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Amount to be
taken into
account
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(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.
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Return of
contributions
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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.
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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):
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27. Section 408 of the Act is replaced by
the following:
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Contributions
for ticketed
fund-raising
functions
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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.
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28. Subsection 410(1) of the Act is
replaced by the following:
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Evidence of
payment -
$50 or more
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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.
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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):
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(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):
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30. (1) Subsection 412(2) of the Act is
replaced by the following:
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Publication of
returns on
financial
transactions
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(2) The Chief Electoral Officer shall, as
soon as practicable after receiving them, in the
manner that he or she considers appropriate,
publish
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