;

Bill C-2

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	The Chief Electoral Officer shall forward the amount remitted to the Receiver General.
Remittance - eligible party	(2) A suspended party referred to in paragraph 398(2)(c) or (d) shall
	(a) provide the Chief Electoral Officer with the statement and other documents referred to in subsection 396(1) for the portion of its current fiscal period since the end of the fiscal period for which it last provided such a statement or, if no such statement has been provided, the date on which the statement referred to in paragraph 393(a) was provided; and
	(b) remit to the Chief Electoral Officer, who shall forward it to the Receiver General, the amount of any net balance of its assets over liabilities as disclosed by the statement provided under paragraph (a).


When statement to be provided	(3) A statement shall be provided under paragraph (2)(a) within six months after the deregistration of the suspended party.
Period for remittance	(4) A remittance under subsection (1) or paragraph (2)(b) shall be made within three months after the statement referred to in subsection (3) is provided.
Liability of chief agent	(5) The chief agent of the suspended party is liable for the remittance of an amount equal to the net balance of its assets over liabilities referred to in subsection (1) or paragraph (2)(b).
	Merger of Registered Parties
Merger application	400. (1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a single registered party resulting from their merger.
Contents	(2) An application to merge two or more registered parties must
	(a) be certified by the leaders of the merging parties;
	(b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and
	(c) contain the information required from a party to be registered, except for the information referred to in paragraph 366(2)(i).
Registration for eligible merged parties	401. (1) The Chief Electoral Officer shall amend the registry of parties by replacing the names of the merging parties with the name of the merged party if
	(a) the application for the merger was not made in the period referred to in subsection 400(1); and
	(b) the Chief Electoral Officer is satisfied that
	(i) the merged party is eligible for registration as a political party under this Act, and
	(ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.
Notice	(2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of parties is to be amended under subsection (1).
Notice in Canada Gazette	(3) If the Chief Electoral Officer amends the registry of parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party.
Effective date of merger	402. (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of parties under subsection 401(1).
Consequen- ces of merger	(2) On the merger of two or more registered parties,
	(a) the merged party is the successor of each merging party;
	(b) the merged party becomes a registered party;
	(c) the assets of each merging party belong to the merged party;
	(d) the merged party is responsible for the liabilities of each merging party;
	(e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;
	(f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and
	(g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.
Returns	403. Within six months after a merger
	(a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 424(1) for
	(i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and
	(ii) any earlier fiscal period for which those documents have not been provided; and
	(b) the merged party shall provide the Chief Electoral Officer with
	(i) a statement of its assets and liabilities, including any surplus or deficit, at the date of the merger,
	(ii) a report as to whether, in the auditor's opinion, the statement presents fairly the information on which it was based, and
	(iii) a declaration in the prescribed form by the chief agent of the merged party concerning the statement.
	DIVISION 2
	General Financial Provisions
	Contributions
Ineligible contributors	404. (1) The following are not eligible to contribute to a registered party, to one of its trust funds, to an electoral district association or to a candidate:
	(a) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration Act;
	(b) a corporation or an association that does not carry on business in Canada;
	(c) a trade union that does not hold bargaining rights for employees in Canada;
	(d) a foreign political party; and
	(e) a foreign government or an agent of one.
Return of contribution or payment to Receiver General	(2) Where a contribution is received from an ineligible contributor, the chief agent of the registered party or official agent of the candidate, as the case may be, shall, within 30 days after becoming aware of the receipt, return the contribution unused to the contributor or, if that is not practicable, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.
Prohibition - making contributions	405. (1) No person or entity shall make a contribution to a registered party that comes from money, property or the services of another person or entity.
Exception	(2) Subsection (1) does not apply to the registered party's electoral district associations or to candidates endorsed by the registered party who transfer contributions to the registered party.
Prohibition - accepting contributions	(3) No person, other than a chief agent or registered agent of a registered party, shall accept contributions to the registered party.
	Expenses
Candidate's expenses for electoral campaign	406. An electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, including
	(a) an election expense;
	(b) a personal expense; and
	(c) any fees of the candidate's auditor, and any costs incurred for a recount of votes cast in the candidate's electoral district, that have not been reimbursed by the Receiver General.
Election expenses	407. (1) An election expense includes any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service for which the cost was incurred, or the non-monetary contribution received, is used to directly promote or oppose a registered party, its leader or a candidate during an election period.
Exclusions - certain fund-raising and nominations	(2) Expenses for a fund-raising activity and expenses to directly promote the nomination of a person as a candidate or as leader of a registered party, other than expenses referred to in paragraph (3)(a) that are related to such fund-raising and promotional activities, are not election expenses under subsection (1).
Inclusions	(3) An election expense referred to in subsection (1) includes a cost incurred for, or a non-monetary contribution in relation to,
	(a) the production of advertising or promotional material and its distribution, broadcast or publication in any media or by any other means;
	(b) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent, registered agent or in any other capacity;
	(c) securing a meeting space or the supply of light refreshments at meetings; and
	(d) any product or service provided by a government, a Crown corporation or any other public agency.
Definition of ``cost incurred''	(4) In subsection (1), ``cost incurred'' means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.
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 or a candidate 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.
Personal expenses of a candidate	409. (1) Personal expenses of a candidate are his or her electoral campaign expenses, other than election expenses, that are reasonably incurred for the candidate's travel, living and other related expenses in relation to his or her campaign and, in the case of a candidate who has a disability, include any additional personal expenses that are related to his or her disability.
Categories and maximums	(2) The Chief Electoral Officer may establish categories of personal expenses and fix maximum amounts that may be incurred for expenses in each category.
Evidence of payment - expense of $50 or more	410. (1) Where an expense of $50 or more was incurred under this Act on behalf of a registered party and paid by the chief agent, registered agent or person authorized under subsection 411(1) or on behalf of a candidate and paid by the official agent of the candidate or person authorized under that subsection, the chief agent, registered agent, official agent or authorized person, as the case may be, 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.
Evidence of payment - under $50	(2) Where an expense of $50 or less was incurred and paid as described in subsection (1), the person who made the payment must keep a record of the nature of the expense together with proof that it was paid.
Petty expenses	411. (1) A person may pay a petty expense incurred for office supplies, postage, courier services and other incidental expenses under the written authorization of
	(a) a registered agent of a registered party, as an expense incurred by the registered party; or
	(b) the official agent of a candidate, as an expense incurred for the candidate's electoral campaign.
Authorized maximum	(2) The written authorization referred to in subsection (1) must specify a maximum amount for the total of petty expenses that the person is authorized to pay.
Statement and evidence of payment	(3) A person who is authorized to pay a petty expense shall provide the registered agent or official agent who authorized it with the documentation referred to in section 410 within three months after
	(a) in the case of a petty expense incurred on behalf of a registered party, the day on which it is incurred; or
	(b) in the case of a petty expense incurred on behalf of a candidate, polling day.
Prohibition	(4) No person who is authorized to pay petty expenses shall, in total, pay more than the maximum amount of petty expenses that the person is authorized to pay.
Publication of electoral campaign returns and election expense returns	412. (1) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the original election expenses returns of registered parties and electoral campaign returns of candidates and any updated versions of those returns
	(a) in the case of an original return, within one year after the issue of a writ for an election; and
	(b) in the case of an updated return, as soon as practicable after he or she receives it.
Publication of returns on financial transactions	(2) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the return on financial transactions of a registered party and any updated version of it, as soon as practicable after he or she receives the return or updated return.
Summary of return on candidates' election expenses	(3) As soon as practicable after receiving an electoral campaign return for each candidate in an electoral district, the Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a summary report or updated version of one which shall include the maximum election expenses allowed for the electoral district and, for each candidate,
	(a) the total election expenses;
	(b) the total personal expenses;
	(c) the number of contributors and the total amount of contributions received;
	(d) the name of the official agent;
	(e) the name of the auditor; and
	(f) if it applies, an indication that the auditor's report on a return was qualified.
Publication of returns and statements of expenses of suspended parties	(4) As soon as practicable after receiving a return on financial transactions under subparagraph 392(a)(i) or a statement of expenses under paragraph 396(1)(a) from a suspended party, the Chief Electoral Officer shall publish it in the manner that he or she considers appropriate.
Delivery to returning officers	413. (1) The Chief Electoral Officer shall, as soon as practicable after receiving the documents referred to in subsection 451(1) for an electoral district, deliver a copy of them to the returning officer for the electoral district.

Bill C-2

DIVISION 2