Bill C-2
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PART 17 |
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THIRD PARTY ELECTION ADVERTISING |
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Definitions
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349. The definitions in this section apply in
this Part.
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``election
advertising'' « publicité électorale »
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``election advertising'' has the same meaning
as in section 319.
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``election
advertising
expense'' « dépenses de publicité électorale »
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``election advertising expense'' means an
expense incurred in relation to
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``expenses'' « dépenses »
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``expenses'' means
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``group'' « groupe »
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``group'' means an unincorporated trade
union, trade association or other group of
persons acting together by mutual consent
for a common purpose.
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``third party'' « tiers »
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``third party'' means a person or a group, other
than a candidate, registered party or
electoral district association of a registered
party.
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Spending
limit
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350. (1) A third party shall not incur
election advertising expenses of a total
amount of more than $150,000 during an
election period in relation to a general
election.
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Spending
limit -
electoral
district
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(2) Not more than $3,000 of the total
amount referred to in subsection (1) shall be
incurred to promote or oppose the election of
one or more candidates in a given electoral
district, including by
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Expenses re
party leader
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(3) The limit set out in subsection (2) only
applies to an amount incurred with respect to
a leader of a registered party or eligible party
to the extent that it is incurred to promote or
oppose his or her election in a given electoral
district.
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Spending
limit -
by-election
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(4) A third party shall not incur election
advertising expenses of a total amount of more
than $3,000 in a given electoral district during
the election period of a by-election.
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Third party
inflation
adjustment
factor
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(5) The amounts referred to in subsections
(1), (2) and (4) shall be multiplied by the
inflation adjustment factor referred to in
section 414 that is in effect on the issue of the
writ or writs.
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No
combination
to exceed
limit
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351. A third party shall not circumvent, or
attempt to circumvent, a limit set out in
section 350 in any manner, including by
splitting itself into two or more third parties
for the purpose of circumventing the limit or
acting in collusion with another third party so
that their combined election advertising
expenses exceed the limit.
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Advertising
must name
third party
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352. A third party shall identify itself in any
election advertising placed by it and indicate
that it has authorized the advertising.
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Registration
requirement
for third
parties
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353. (1) A third party shall register
immediately after having incurred election
advertising expenses of a total amount of $500
and may not register before the issue of the
writ.
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Application
for
registration
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(2) An application for registration shall be
sent to the Chief Electoral Officer in the
prescribed form and shall include
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Declaration of
financial
agent to
accompany
application
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(3) An application under subsection (2)
must be accompanied by a declaration signed
by the financial agent accepting the
appointment.
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New financial
agent
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(4) If a third party's financial agent is
replaced, it shall, without delay, provide the
Chief Electoral Officer with the new financial
agent's name, address and telephone number
and a declaration signed by the new financial
agent accepting the appointment.
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Trade union
or corporation
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(5) If the third party is a trade union,
corporation or other entity with a governing
body, the application must include a copy of
the resolution passed by its governing body
authorizing it to incur election advertising
expenses.
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Examination
of application
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(6) The Chief Electoral Officer shall,
without delay after receiving an application,
determine whether the requirements set out in
subsections (1) to (3) and (5) are met and shall
then notify the person who signed the
application whether the third party is
registered. In the case of a refusal to register,
the Chief Electoral Officer shall give reasons
for the refusal.
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Application
rejected
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(7) A third party may not be registered
under a name that, in the opinion of the Chief
Electoral Officer, is likely to be confused with
the name of a candidate, registered party,
registered third party or eligible party.
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Registration
ends
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(8) The registration of a third party is valid
only for the election period during which the
application is made, but the third party
continues to be subject to the requirement to
file an election advertising report under
subsection 359(1).
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Appointment
of financial
agent
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354. (1) A third party that is required to
register under subsection 353(1) shall appoint
a financial agent who may be a person who is
authorized to sign an application for
registration made under that subsection.
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Financial
agent -
ineligible
persons
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(2) The following persons are not eligible to
be a financial agent of a third party:
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Requirement
to appoint
auditor
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355. (1) A third party that incurs election
advertising expenses in an aggregate amount
of $5,000 or more must appoint an auditor
without delay.
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Eligibility
criteria
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(2) The following are eligible to be an
auditor for a third party:
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Ineligibility
criteria
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(3) The following persons are not eligible to
be an auditor for a third party:
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Notification
of
appointment
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(4) Every third party, without delay after an
auditor is appointed, must provide the Chief
Electoral Officer with the auditor's name,
address, telephone number and occupation
and a signed declaration accepting the
appointment.
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New auditor
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(5) If a third party's auditor is replaced, it
must, without delay, provide the Chief
Electoral Officer with the new auditor's name,
address, telephone number and occupation
and a signed declaration accepting the
appointment.
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Registry of
third parties
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356. The Chief Electoral Officer shall
maintain, for the period that he or she
considers appropriate, a registry of third
parties in which is recorded, in relation to each
third party, the information referred to in
subsections 353(2) and 355(4) and (5).
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Authoriza- tion by financial agent for expenses, etc.
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357. (1) Every contribution made during an
election period to a registered third party for
election advertising purposes must be
accepted by, and every election advertising
expense incurred on behalf of a third party
must be authorized by, its financial agent.
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Delegation
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(2) A financial agent may authorize a
person to accept contributions or incur
election advertising expenses, but that
authorization does not limit the responsibility
of the financial agent.
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Prohibited use
of certain
contributions
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(3) No third party shall use a contribution
for election advertising if the third party does
not know the name and address of the
contributor or is otherwise unable to
determine within which class of contributor
referred to in subsection 359(6) they fall.
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Prohibition -
use of foreign
contributions
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358. No third party shall use a contribution
for election advertising purposes if the
contribution is from
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Election
advertising
report
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359. (1) Every third party shall file an
election advertising report in the prescribed
form with the Chief Electoral Officer within
four months after polling day.
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Contents of
report
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(2) An election advertising report shall
contain
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When no
expenses
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(3) If a third party has not incurred expenses
referred to in paragraph (2)(a) or (b), that fact
shall be indicated in its election advertising
report.
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Contributions
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(4) The election advertising report shall
include
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Loans
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(5) For the purpose of subsection (4), a
contribution includes a loan.
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Categories
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(6) For the purposes of paragraphs (4)(a)
and (b), the following are the classes of
contributor:
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Names must
be provided
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(7) If the third party is unable to identify
which contributions were received for
election advertising purposes in the period
referred to in paragraph (4)(a), it must list,
subject to paragraph (4)(b.1), the names and
addresses of every contributor who donated a
total of more than $200 to it during that period.
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Declaration
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(8) An election advertising report shall
include the signed declarations of the
financial agent and, if different, of the person
who signed the application made under
subsection 353(2) that the report is accurate.
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Bills, receipts
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(9) A third party shall, at the request of the
Chief Electoral Officer, provide the original of
any bill, voucher or receipt in relation to an
election advertising expense that is in an
amount of more than $50.
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