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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Prohibited
agreements
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(4) No person or entity shall enter into an
agreement for the provision for payment of
goods or services to a registered party or a
candidate that includes a term that any person
will make a contribution, directly or
indirectly, to a registered party, a registered
association, a candidate, a leadership
contestant or a nomination contestant.
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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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If two
elections in a
year
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(2.1) Despite subparagraph (2)(b)(i), if two
elections are held in an electoral district in a
calendar year and an association has, before
the polling day of the first election, made a
contribution under that subparagraph to the
registered association, the nomination
contestants or the candidate of a particular
registered party in that electoral district, the
association may make contributions not
exceeding $1,000 in total to the registered
association, the nomination contestants and
the candidate of the registered party in that
electoral district during the election period for
the second election.
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Applicable in
one electoral
district only
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(2.2) An association may make
contributions under subsection (2.1) in respect
of the registered association, the nomination
contestants and the candidate of any particular
registered party in only one electoral district
in any calendar year.
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If contribution
made to
unsuccessful
nomination
contestant
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(2.3) Despite subparagraph (2)(b)(i), if an
association has in any calendar year made a
contribution under that subparagraph to an
individual who is a nomination contestant in
an electoral district in a nomination contest
held in that year but who is not endorsed by the
registered party as its candidate, the
association may during that year make
contributions not exceeding $1,000 in total to
the endorsed candidate after he or she is
endorsed.
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Applicable in
one electoral
district only
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(2.4) An association may make
contributions under subsection (2.3) in respect
of the candidate of any particular registered
party in respect of only one election and in
only one electoral district in any calendar
year.
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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(1), 405.2(4) or 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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27.1 The Act is amended by adding the
following after section 409:
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Costs related
to candidate's
representative
s
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409.1 Any expenses of a candidate that are
incurred to remunerate the candidate's
representatives referred to in subsection
136(1) are deemed to be personal expenses of
the candidate.
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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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(2) Subsection 412(4) of the Act is
replaced by the following:
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Publication of
returns and
statements of
expenses of
deregistered
parties
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(4) As soon as practicable after receiving a
return on financial transactions under
subparagraph 392(a)(i) from a deregistered
political party, the Chief Electoral Officer
shall publish it in the manner that he or she
considers appropriate.
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31. Section 416 of the Act is amended by
adding the following after subsection (2):
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Prohibition -
accepting
contributions
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(3) No person or entity, other than a
registered agent of a registered party, shall
accept contributions to the registered party.
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32. (1) Paragraph 422(1)(a) of the Act is
replaced by the following:
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(2) Paragraph 422(2)(a) is replaced by
the following:
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33. The Act is amended by adding the
following after section 423:
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Deemed Contributions
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Deemed
contributions
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423.1 (1) An unpaid claim mentioned in the
financial transactions return referred to in
subsection 424(1) or in an election expenses
return referred to in subsection 429(1) that
remains unpaid in whole or in part on the day
that is 18 months after the end of the fiscal
period to which the return relates or in which
the polling day fell, as the case may be, is
deemed to be a contribution to the registered
party of the unpaid amount on the day on
which the expense was incurred .
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When no
deemed
contribution
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(2) Subsection (1) does not apply to an
unpaid claim that, on the day referred to in that
subsection,
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Notice by
party
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(3) The chief agent of a registered party who
believes that any of paragraphs (2)(a) to (d)
applies to a liability to pay an amount shall so
notify the Chief Electoral Officer before the
day referred to in subsection (1).
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Publication of
deemed
contributions
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(4) As soon as practicable after the day
referred to in subsection (1), the Chief
Electoral Officer shall, in any manner that he
or she considers appropriate, publish the list of
claims that are deemed under subsection (1) to
be contributions.
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34. (1) Paragraph 424(1)(d) of the Act is
repealed.
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(2) Paragraphs 424(2)(a) to (e) of the Act
are replaced by the following:
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(3) Paragraph 424(2)(h) of the Act is
replaced by the following:
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34.1 The Act is amended by adding the
following after section 424:
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Quarterly
returns
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424.1 (1) The chief agent of a registered
party that is entitled under subsection
435.01(1) to a quarterly allowance shall, for
each quarter of the fiscal period of the party,
provide the Chief Electoral Officer with a
return that includes the information required
under paragraphs 424(2)(a) to (c), (h.2) and
(k).
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Period for
providing
return
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(2) A quarterly return shall be provided
within 30 days after the end of the period to
which it relates.
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35. Section 425 of the Act is replaced by
the following:
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When
contributions
forwarded to
Receiver
General
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425. A registered agent of a registered party
shall, without delay, pay an amount of money
equal to the value of a contribution received
by the registered party, to the Chief Electoral
Officer, who shall forward it to the Receiver
General, if the name of the contributor of a
contribution of more than $25 , or the name or
the address of the contributor having made
contributions of a total amount of more than
$200, is not known.
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36. Subsection 426(1) of the Act is
replaced by the following:
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Auditor's
report
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426. (1) The auditor of a registered party
shall report to the party's chief agent on the
financial transactions return of the party and
shall make any examination in accordance
with generally accepted auditing standards
that will enable the auditor to give an opinion
in the report as to whether the return presents
fairly the information contained in the
financial records on which the return is based.
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37. Section 428 of the Act and the heading
before it are repealed.
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38. Subsection 430(1) of the Act is
replaced by the following:
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Auditor's
report on
return on
election
expenses
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430. (1) As soon as practicable after a
general election, the auditor of a registered
party shall report to its chief agent on its return
on general election expenses and shall make
any examination in accordance with generally
accepted auditing standards that will enable
the auditor to give an opinion in the report as
to whether the return presents fairly the
information contained in the financial records
on which the return is based.
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39. The portion of subsection 435(1) of
the Act before paragraph (a) is replaced by
the following:
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Certificate
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435. (1) On receipt from a registered party
of the documents referred to in subsection
429(1), the Chief Electoral Officer shall
provide the Receiver General with a
certificate that sets out the amount that is 50%
of the registered party's election expenses that
were paid by its registered agents as set out in
the return for its general election expenses, if
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40. The Act is amended by adding the
following after section 435:
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Quarterly Allowances
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Quarterly
allowance
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435.01 (1) The Chief Electoral Officer shall
determine, for each quarter of a calendar year,
an allowance payable to a registered party
whose candidates for the most recent general
election preceding that quarter received at that
election at least
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