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51-52 ELIZABETH II |
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CHAPTER 19 |
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An Act to amend the Canada Elections Act
and the Income Tax Act (political
financing)
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[Assented to 19th June, 2003]
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| 2000, c. 9
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CANADA ELECTIONS ACT |
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1. (1) Subsection 2(1) of the Canada
Elections Act is amended by adding the
following in alphabetical order:
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| ``electoral
district agent'' « agent de circonscriptio n »
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``electoral district agent'' means a person
appointed under subsection 403.09(1), and
includes the financial agent of a registered
association.
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| ``electoral
district
association'' « association de circonscriptio n »
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``electoral district association'' means an
association of members of a political party
in an electoral district.
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| ``leadership
campaign
agent'' « agent de campagne à la direction »
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``leadership campaign agent'' means a person
appointed under subsection 435.08(1), and
includes the financial agent of a leadership
contestant.
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| ``leadership
campaign
expense'' « dépense de campagne à la direction »
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``leadership campaign expense'' means an
expense reasonably incurred by or on behalf
of a leadership contestant during a
leadership contest as an incidence of the
contest, including a personal expense as
defined in section 435.03.
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| ``leadership
contest'' « course à la direction »
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``leadership contest'' means a competition for
the selection of the leader of a registered
party.
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| ``leadership
contestant'' « candidat à la direction »
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``leadership contestant'' means a person who
has been registered in the registry of
leadership contestants referred to in section
435.07 and who, or whose financial agent,
has not yet complied with sections 435.3 to
435.47 in respect of that leadership contest.
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| ``nomination
campaign
expense'' « dépense de campagne d'investi- ture »
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``nomination campaign expense'' means an
expense reasonably incurred by or on behalf
of a nomination contestant during a
nomination contest as an incidence of the
contest, including a personal expense as
defined in section 478.01.
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| ``nomination
contest'' « course à l'investi- ture »
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``nomination contest'' means a competition
for the selection of a person to be proposed
to a registered party for its endorsement as
its candidate in an electoral district.
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| ``nomination
contestant'' « candidat à l'investi- ture »
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``nomination contestant'' means a person
named as a nomination contestant in a
nomination contest report filed in
accordance with paragraph 478.02(1)(c)
who, or whose financial agent, has not yet
complied with sections 478.23 to 478.42 in
respect of that nomination contest.
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| ``registered
association'' « association enregistrée »
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``registered association'' means an electoral
district association registered in the registry
of electoral district associations referred to
in section 403.08.
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(2) Section 2 of the Act is amended by
adding the following after subsection (4):
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| Descriptive
cross-refer- ences
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(5) If, in any provision of this Act, a
reference to another provision of this Act or a
provision of any other Act is followed by
words in parentheses that are or purport to be
descriptive of the subject-matter of the
provision referred to, those words form no part
of the provision in which they occur but are
inserted for convenience of reference only.
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2. Subsection 24(6) of the Act is replaced
by the following:
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| No partisan
conduct
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(6) No returning officer shall, while in
office, knowingly engage in politically
partisan conduct and in particular shall not
make a contribution to a candidate, a
leadership contestant or a nomination
contestant or belong to or make a contribution
to, be an employee of or hold a position in, a
registered party, an eligible party or a
registered association.
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3. Paragraph 84(b) of the Act is replaced
by the following:
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4. (1) Paragraph 85(2)(a) of the Act is
replaced by the following:
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(2) Subsection 85(2) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (d) and by adding the following
after paragraph (e):
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5. (1) Subsection 340(1) of the Act is
replaced by the following:
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| Reallocation
in case of
deregistration
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340. (1) If a registered party to which
broadcasting time has been allocated under
this Part is subsequently deregistered, the
Broadcasting Arbitrator, within two weeks
after publication in the Canada Gazette of the
notice of deregistration, shall convene the
representatives of the remaining registered
parties and eligible parties to which
broadcasting time has been allocated for the
purpose of reallocating that party's
broadcasting time.
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(2) Subsection 340(3) of the Act is
replaced by the following:
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| Exception
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(3) If the deregistration or cessation of
eligibility referred to in subsection (1) or (2),
respectively, occurs after the issue of the writs
for a general election, the broadcasting time
that was allocated to the deregistered party or
to the party that has ceased to be eligible shall
not be reallocated.
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6. Section 363 of the Act is repealed.
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7. The Act is amended by adding the
following after section 368:
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| Preservation
of name
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368.1 In the period of 30 days after the
deregistration of a political party,
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8. Paragraph 372(a) of the Act is replaced
by the following:
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9. Subsection 375(2) of the Act is
repealed.
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10. Paragraph 376(2)(a) of the Act is
replaced by the following:
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11. (1) Paragraph 377(2)(a) of the Act is
replaced by the following:
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(2) Subsection 377(2) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (d) and by adding the
following after paragraph (e):
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12. Section 382 of the Act is amended by
adding the following after subsection (5):
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| Entry in
registry of
electoral
district
associations
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(6) The Chief Electoral Officer shall enter
any change in the information referred to in
subsection (2) in the registry of electoral
district associations.
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13. Section 385 of the Act and the heading
before it are replaced by the following:
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Deregistration of Registered Parties
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| Deregistra- tion - fewer than 50 candidates
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385. (1) The Chief Electoral Officer shall,
effective on the expiration in a general
election of the period for the confirmation or
refusal of nominations under subsection
71(1), deregister a registered party that, at that
time, has not endorsed a candidate in at least
50 electoral districts.
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| Notice of
deregistration
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(2) The Chief Electoral Officer shall give
notice of the deregistration under subsection
(1) of a registered party, and of the resulting
deregistration under section 389.2 of its
registered associations, to the leader, the chief
agent and any other officer of the party set out
in the registry of parties as well as to the chief
executive officers and financial agents of the
associations.
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14. (1) The portion of section 386 of the
Act before paragraph (a) is replaced by the
following:
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| Deregistra- tion - failure to provide documents
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386. The Chief Electoral Officer may
deregister a registered party if the party fails
to provide
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(2) Section 386 of the Act is amended by
striking out the word ``or'' at the end of
paragraph (f) and by adding the following
after paragraph (g):
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15. The portion of section 387 of the Act
before paragraph (a) is replaced by the
following:
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| Deregistra- tion - failure to file return and auditor's report
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387. The Chief Electoral Officer may
deregister a registered party if its chief agent
fails to provide the Chief Electoral Officer
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16. Section 388 of the Act is replaced by
the following:
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| Voluntary
deregistration
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388. On application, other than during the
election period of a general election, by a
registered party to become deregistered,
signed by the leader and any two officers of the
party, the Chief Electoral Officer may
deregister the party.
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17. Subsection 389(3) of the Act is
replaced by the following:
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| Deregistra- tion
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(3) The Chief Electoral Officer may
deregister a registered party if its leader, its
chief agent or one of its officers fails to
comply with a notice referred to in subsection
(1), or amended notice under subsection (2).
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18. The Act is amended by adding the
following after section 389:
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| Notice of
deregistration
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389.1 (1) If the Chief Electoral Officer
proposes to deregister a registered party under
section 388 or subsection 389(3), the Chief
Electoral Officer shall so notify the party and
its registered associations.
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| Date of
deregistration
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(2) The notice under subsection (1) shall
specify the effective date of the deregistration,
which shall be at least 15 days after the date of
the sending of the notice.
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| Proof of
service of
notice
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(3) The notice under subsection (1) shall be
sent by registered mail or by a method of
courier service that provides proof of mailing,
a record while in transit and a record of
delivery.
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| Effect of
deregistration
of registered
party
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389.2 If a registered party is deregistered,
its registered associations are also
deregistered.
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19. Sections 390 and 391 of the Act are
replaced by the following:
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| Notice of
deregistration
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390. (1) The Chief Electoral Officer shall
without delay cause a notice of the
deregistration of a registered party and of its
registered associations to be published in the
Canada Gazette.
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| Entry of
deregistration
in registry of
parties
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(2) The Chief Electoral Officer shall
indicate the deregistration of the party in the
registry of parties.
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| Continuation
of registered
status for
limited
purpose
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391. A political party that is deregistered
continues to have the obligations of a
registered party for the application of section
392.
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20. The portion of section 392 of the Act
before subparagraph (a)(ii) is replaced by
the following:
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| Fiscal period
and returns
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392. The chief agent of a deregistered
political party shall, within six months after
the day of its deregistration, provide the Chief
Electoral Officer with
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21. Sections 393 to 399 of the Act are
repealed.
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22. Section 402 of the Act is amended by
adding the following after subsection (2):
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| Effect of
merger on
registered
associations
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(3) On the merger of registered parties, any
registered association of a merging party is
deregistered and, despite paragraph
403.01(c), may transfer goods or funds to the
merged party or a registered association of the
merged party in the six months immediately
after the merger. Any such transfer is not a
contribution for the purposes of this Act.
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23. The Act is amended by adding the
following after section 403:
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