Bill C-2

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	PART 17
	THIRD PARTY ELECTION ADVERTISING
Definitions	349. The definitions in this section apply in this Part.
``election advertising'' « publicité électorale »	``election advertising'' has the same meaning as in section 319.
``election advertising expense'' « dépenses de publicité électorale »	``election advertising expense'' means an expense incurred in relation to
	(a) the production of an election advertising message; and
	(b) the acquisition of the means of transmission to the public of an election advertising message.
``expenses'' « dépenses »	``expenses'' means
	(a) amounts paid;
	(b) liabilities incurred;
	(c) the commercial value of property and services, other than volunteer labour, that are donated or provided; and
	(d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value.
``group'' « groupe »	``group'' means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.
``third party'' « tiers »	``third party'' means a person or a group, other than a candidate, registered party or electoral district association of a registered party.
Spending limit	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.
Spending limit - electoral district	(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
	(a) naming them;
	(b) showing their likenesses;
	(c) identifying them by their respective political affiliations; or
	(d) taking a position on an issue with which they are particularly associated.
Expenses re party leader	(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.
Spending limit - by-election	(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.
Third party inflation adjustment factor	(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.
No combination to exceed limit	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.
Advertising must name third party	352. A third party shall identify itself in any election advertising placed by it and indicate that it has authorized the advertising.
Registration requirement for third parties	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.
Application for registration	(2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include
	(a) the name, address and telephone number of
	(i) if the third party is an individual, the individual,
	(ii) if the third party is a corporation, the corporation and the officer who has signing authority for it, and
	(iii) if the third party is a group, the group and a person who is responsible for the group;
	(b) the signature of the individual, officer or person referred to in subparagraph (a)(i), (ii) or (iii), respectively, as the case may be;
	(c) the address and telephone number of the office of the third party where its books and records are kept and of the office to which communications may be addressed; and
	(d) the name, address and telephone number of the third party's financial agent.
Declaration of financial agent to accompany application	(3) An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.
New financial agent	(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.
Trade union or corporation	(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.
Examination of application	(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.
Application rejected	(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.
Registration ends	(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).
Appointment of financial agent	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.
Financial agent - ineligible persons	(2) The following persons are not eligible to be a financial agent of a third party:
	(a) a candidate or an official agent of a candidate;
	(b) a person who is the chief agent, or a registered agent, of a registered party;
	(c) an election officer or an employee of a returning officer; and
	(d) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration Act.
Requirement to appoint auditor	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.
Eligibility criteria	(2) The following are eligible to be an auditor for a third party:
	(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or
	(b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.
Ineligibility criteria	(3) The following persons are not eligible to be an auditor for a third party:
	(a) the third party's financial agent;
	(b) a person who signed the application made under subsection 353(2);
	(c) an election officer;
	(d) a candidate;
	(e) the official agent of a candidate;
	(f) the chief agent of a registered party or an eligible party; and
	(g) a registered agent of a registered party.
Notification of appointment	(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.
New auditor	(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.
Registry of third parties	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).
Authoriza- tion by financial agent for expenses, etc.	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.
Delegation	(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.
Prohibited use of certain contributions	(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.
Prohibition - use of foreign contributions	358. No third party shall use a contribution for election advertising purposes if the contribution is from
	(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; or
	(e) a foreign government or an agent of one.
Election advertising report	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.
Contents of report	(2) An election advertising report shall contain
	(a) in the case of a general election,
	(i) a list of election advertising expenses referred to in subsection 350(2) and the time and place of the broadcast or publication of the advertisements to which the expenses relate, and
	(ii) a list of all election advertising expenses other than those referred to in paragraph (a) and the time and place of broadcast or publication of the advertisements to which the expenses relate; and
	(b) in the case of a by-election, a list of election advertising expenses referred to in subsection 350(3) and the time and place of the broadcast or publication of the advertisements to which the expenses relate.
When no expenses	(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.
Contributions	(4) The election advertising report shall include
	(a) the amount, by class of contributor, of contributions for election advertising purposes that were received in the period beginning six months before the issue of the writ and ending on polling day;
	(b) for each contributor who made contributions of a total amount of more than $200 for election advertising purposes during the period referred to in paragraph (a), their name, address and class, and the amount and date of each contribution; and
	(c) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party's own funds for election advertising expenses.
Loans	(5) For the purpose of subsection (4), a contribution includes a loan.
Categories	(6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:
	(a) individuals;
	(b) businesses;
	(c) commercial organizations;
	(d) governments;
	(e) trade unions;
	(f) corporations without share capital other than trade unions; and
	(g) unincorporated organizations or associations other than trade unions.
Names must be provided	(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 the names of every contributor who donated a total of more than $200 to it during that period.
Declaration	(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.
Bills, receipts	(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.
Auditor's report	360. (1) The election advertising report of a third party that incurs $5,000 or more in election advertising expenses must include a report made under subsection (2).

Bill C-2

PART 17

THIRD PARTY ELECTION ADVERTISING