Bill C-51

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First Reading

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	2nd Session, 37th Parliament, 51-52 Elizabeth II, 2002-2003
	House of Commons of Canada
	BILL C-51
	An Act to amend the Canada Elections Act and the Income Tax Act
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2000, c. 9	CANADA ELECTIONS ACT
	1. Subsection 2(1) of the Canada Elections Act is amended by adding the following in alphabetical order:
``political party'' « parti politique »	``political party'' means an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election.
2001, c. 21, s. 12	2. Subsection 117(2) of the Act is amended by adding the word ``and'' at the end of paragraph (b) and by replacing paragraphs (c) and (d) with the following:
	(c) at the close of nominations, the party is a registered party .
	3. (1) Paragraph 366(2)(d) of the Act is replaced by the following:
	(d) the name and address of the leader of the party and a copy of the party's resolution to appoint the leader, certified by the leader and another officer of the party;
	(2) Paragraph 366(2)(f) of the Act is replaced by the following:
	(f) the names and addresses of the officers of the party and their signed consent to act;
	(3) Subsection 366(2) of the Act is amended by striking out the word ``and'' at the end of paragraph (h) and by replacing paragraph (i) with the following:
	(i) the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party and support the party's application for registration; and
	(j) the leader's declaration in the prescribed form that, having considered all of the factors - including those described in subsection 521.1(5) - relevant to determining the party's purposes, one of the party's fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election.
	(4) Section 366 of the Act is amended by adding the following after subsection (2):
Additional information	(3) To confirm that the purpose referred to in paragraph (2)(j) is one of the party's fundamental purposes, the Chief Electoral Officer may ask the party's leader to provide any relevant information, including the information described in subsection 521.1(5).
	4. Paragraphs 368(b) and (c) of the Act are replaced by the following:
	(b) the party has at least three officers in addition to its leader and has appointed a chief agent and an auditor; and
	(c) the Chief Electoral Officer is satisfied that the party has provided the information required under subsection 366(2) and that the information is accurate .
	5. Sections 369 and 370 of the Act are replaced by the following:
Notification of eligibility	369. (1) The Chief Electoral Officer shall, as soon as practicable after the day on which the application is received, inform the leader of a political party that has applied to become registered whether or not the party is eligible for registration under section 368. If the party is not eligible, he or she shall also indicate which of that section's requirements have not been met.
Loss of eligibility	(2) A political party, having been informed of its eligibility under subsection (1), loses its eligibility if
	(a) it contravenes any of section 371, subsection 374.1(1) , sections 378 to 380.1 , subsections 382(1), (3) and (4) and 383(1) and section 384;
	(b) one of its officers is not eligible under subsection 374.1(2);
	(c) its chief agent is not eligible under section 376; or
	(d) its auditor is not eligible under section 377.
Registration	370. (1) An eligible party becomes a registered party if it has at least one candidate whose nomination has been confirmed for an election and its application to become registered was made at least 60 days before the issue of the writ or writs for that election and has not been withdrawn.
Late application	(2) An eligible party whose application was made after the 60 days referred to in subsection (1) becomes a registered party for the next general election - or any by-election that precedes it - if it satisfies the requirements of that subsection for that election .
Notification	(3) The Chief Electoral Officer shall, as soon as practicable after the 48-hour period following the close of nominations,
	(a) inform the leader of an eligible party that meets the requirements of subsection (1) that the party has been registered; and
	(b) in the case of a general election, inform the leader of an eligible party that does not meet the requirements of subsection (1) that the party has not been registered.
Loss of eligibility	(4) An eligible party, other than one referred to in subsection (2) , loses its eligibility on being informed under subsection (3) that it has not been registered.
Eligible party deemed registered	(5) For the purposes of sections 407, 422, 429 and 435, an eligible party that becomes registered under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs for that election.
	6. The heading before section 375 of the Act is replaced by the following:
	Officers , Registered Agents, Auditors and Members
	7. The Act is amended by adding the following after the heading before section 375:
Minimum number of officers	374.1 (1) Subject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party.
Eligibility - officer	(2) Only a person whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party.
Appointment of a replacement	(3) In the event of the death, incapacity, resignation, ineligibility or revocation of the appointment of an officer of a registered party or an eligible party, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days.
Report of appointment	(4) Within 30 days after the appointment of the replacement, the registered party or eligible party shall inform the Chief Electoral Officer by providing a report under subsection 382(1).
	8. Subsection 377(2) of the Act is amended by adding the following after paragraph (b):
	(b.1) an officer of a registered party or an eligible party;
	9. Section 378 of the Act is replaced by the following:
Consent	378. A registered party and an eligible party shall obtain from its officers , chief agent and auditor, on appointment, their signed consent to act.
	10. The Act is amended by adding the following after section 380:
Minimum number of members	380.1 A registered party and an eligible party shall have at least 250 members who are electors.
	11. Subsection 381(1) of the Act is replaced by the following:
Prohibition - officer	381. (1) No person who is not eligible to be an officer of a registered party or an eligible party shall so act.
Prohibition - agent	(1.1) No person who is not eligible to be a chief agent or registered agent of a registered party or an eligible party shall so act.
	12. The Act is amended by adding the following after section 381:
Prohibition - fundamental purpose	381.1 No person shall act or continue to act as an officer of a registered party or an eligible party if they know that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election.
	13. The heading before section 382 of the Act is replaced by the following:
	Change of Information Concerning Parties
	14. (1) Subsection 382(1) of the Act is replaced by the following:
Change in information	382. (1) Within 30 days after a change in the information on a registered party or an eligible party in the registry of parties, the party shall, in writing, report the change to the Chief Electoral Officer. The report must be certified by the leader of the party.
	(2) Subsection 382(4) of the Act is replaced by the following:
New officer, chief agent or auditor	(4) A report under subsection (1) that involves the replacement of an officer , the chief agent or the auditor must include a copy of the consent referred to in section 378.
	15. Section 384 of the Act is renumbered as subsection 384(1) and is amended by adding the following:
Confirmation of members	(2) On or before June 30 of every third year, beginning in 2007, a registered party and an eligible party shall provide the Chief Electoral Officer with the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party.
Declaration of leader	(3) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with a declaration in the prescribed form by the leader that, having considered all of the factors relevant to determining the party's purposes - including those described in subsection 521.1(5) - one of the party's fundamental purposes is as described in paragraph 366(2)(j).
	16. Section 385 of the Act and the heading before it, as enacted by section 13 of chapter 19 of the Statutes of Canada, 2003, are replaced by the following:
Prohibition - false or misleading information (leader)	384.1 (1) No leader of a party shall provide the Chief Electoral Officer with information under section 366 that they know is false or misleading.
Prohibition - false or misleading information (party)	(2) No registered party or eligible party shall provide the Chief Electoral Officer with information under any of sections 382 to 384 that it knows is false or misleading.
Prohibition - certification by leader	(3) No leader of a party shall certify, under any of sections 382 to 384, a report or statement that they know contains false or misleading information.
Prohibition - leader's declaration	(4) No leader of a party shall make a declaration referred to in section 366, 382 or 384 that they know is false or misleading.
Prohibition - member's declaration	(5) No member of a party shall make a declaration referred to in section 366 or 384 that they know is false or misleading.
	Deregistration of Registered Parties
Deregistra- tion - no candidates	385. The Chief Electoral Officer shall, effective on the expiration in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election.
Deregistra- tion - officers or members	385.1 (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 374.1(1) or section 380.1, he or she shall, in writing, notify the party that it is required to show its compliance with
	(a) subsection 374.1(1), within 60 days after receipt of the notice; or
	(b) section 380.1, within 90 days after receipt of the notice.
Extension	(2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 374.1(1) or section 380.1 within the time set out in the notice, he or she may, in writing, notify the party that it has another period of up to 60 or 90 days, as the case may be, in which to comply.
Deregistra- tion	(3) The Chief Electoral Officer shall deregister a registered party if it fails to comply with a notice under subsection (1) or (2), as the case may be.
Notice of deregistration	385.2 The Chief Electoral Officer shall give notice of a deregistration under section 385 or 385.1 to the registered party and its chief agent and of the resulting deregistration under section 389.2 to the registered associations and their financial agents.
	17. The Act is amended by adding the following after section 405.2, as enacted by section 25 of chapter 19 of the Statutes of Canada, 2003:
Prohibition - soliciting or accepting contribution	405.21 (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, registered association or candidate if the person or entity made a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity, other than the registered party or a candidate, leadership contestant or electoral district association.
Prohibition - collusion	(2) No person or entity shall collude with a person or entity for the purpose of circumventing the prohibition in subsection (1).
	18. Subsection 435.35(3) of the Act, as enacted by section 40 of chapter 19 of the Statutes of Canada, 2003, is replaced by the following:
Period for providing update	(3) The leadership contestant's financial agent shall provide an updated version of a document referred to in subsection (1) within 30 days after making a payment that is dealt with in the updated version.
	19. Subsection 455(3) of the Act is replaced by the following:
Period for providing update	(3) The candidate's official agent shall provide an updated version of a document referred to in subsection (1) within 30 days after making a payment that is dealt with in the updated version.
	20. Subsection 478.3(3) of the Act, as enacted by section 57 of chapter 19 of the Statutes of Canada, 2003, is replaced by the following:
Period for providing update	(3) The nomination contestant's financial agent shall provide an updated version of a document referred to in subsection (1) within 30 days after making a payment that is dealt with in the updated version.
	21. (1) Paragraph 497(1)(b) of the Act is replaced by the following:
	(b) being a registered party, contravenes subsection 375(3) or, being a registered party or an eligible party, contravenes subsection 374.1(4) , section 378, subsection 379(1) or (2) or section 380 (failure to comply with requirements re officers , chief agent, registered agents or auditor);
	(2) Paragraph 497(3)(b) of the Act is replaced by the following:

Bill C-51

BILL C-51

CANADA ELECTIONS ACT