Bill C-23
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Role of the Canadian Radio-television and Telecommunications Commission
Administration and enforcement
348.1 (1) The Canadian Radio-television and Telecommunications Commission is responsible for the administration and enforcement of this Division.
Telecommunications Act
(2) The administration and enforcement of this Division are to be carried out under Part V of the Telecommunications Act.
Registry
348.11 The Canadian Radio-television and Telecommunications Commission is responsible for establishing and maintaining a registry, to be known as the Voter Contact Registry, in which all documents provided to it under sections 348.06 to 348.09 are to be kept.
Publication
348.12 As soon as feasible after the expiry of 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.
Delegation
348.13 (1) The Canadian Radio-television and Telecommunications Commission may, in writing and on any terms it specifies, delegate to any person any of the powers, duties and functions referred to in sections 348.11 and 348.12.
Revocation
(2) The Commission may, in writing, revoke a delegation made under subsection (1).
Authorization of types of identification
348.14 The Canadian Radio-television and Telecommunications Commission may authorize the types of pieces of identification and of copies of such pieces of identification for the purposes of sections 348.03 to 348.05 and 348.07 to 348.09.
Disclosure to Commissioner
348.15 The Canadian Radio-television and Telecommunications Commission shall, on the request of the Commissioner, disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.
77. The Act is amended by adding the following before Part 17:
Division 2
Scripts and Recordings
Calling service provider — agreement
348.16 Every calling service provider that, in accordance with an agreement, provides voter contact calling services shall keep, for one year after the end of the election period,
(a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and
(b) a recording of each unique message conveyed by an automatic dialing-announc- ing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.
Person or group — agreement
348.17 Every person or group that enters into an agreement with a calling service provider under which voter contact calling services are provided shall keep, for one year after the end of the election period,
(a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and
(b) a recording of each unique message conveyed by an automatic dialing-announc- ing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.
Person or group — internal services
348.18 If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announc- ing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the person or group shall keep a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed, for one year after the end of the election period.
Third party that is corporation or group — internal services
348.19 If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the third party shall, if a script is used, keep a copy of each unique script used and a record of every date on which the script was used, for one year after the end of the election period.
78. (1) Subsection 350(1) of the Act is replaced by the following:
Spending limit
350. (1) A third party shall not incur election advertising expenses of a total amount of more than $150,000 in relation to a general election.
(2) Subsection 350(4) of the Act is replaced by the following:
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 in relation to a by-election.
Uncancellable spending
(4.1) If a general election is held on a date other than one set out in subsection 56.1(2) or section 56.2, or if a by-election is held, a third party does not incur an election advertising expense if, on the issue of the writ or writs, it is not able to cancel the transmission of that advertising.
79. Paragraphs 353(2)(a) and (b) of the Act are replaced by the following:
(a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their certification that
(i) they are a Canadian citizen,
(ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or
(iii) they reside in Canada;
(b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their certification that the corporation carries on business in Canada;
(b.1) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their certification that
(i) they are a Canadian citizen,
(ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or
(iii) they reside in Canada;
2006, c. 9, s. 46(1)
80. (1) Paragraphs 405(1)(a) to (c) of the Act are replaced by the following:
(a) $1,500 in total in any calendar year to a particular registered party;
(a.1) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(b) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
(c) $1,500 in total to the leadership contestants in a particular leadership contest.
2003, c. 19, s. 25
(2) Subsection 405(2) of the Act is replaced by the following:
Testamentary dispositions
(2) A contribution may be made by way of a testamentary disposition if the contribution is made only in one calendar year and does not cause the contributor to exceed the relevant limit under subsection (1), taking into account any contributions that the contributor made before their death.
Non-conforming testamentary dispositions read down
(2.1) A testamentary disposition that provides for a contribution that would cause the contributor to exceed the relevant limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the contribution to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one calendar year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those calendar years.
2003, c. 19, s. 25; 2006, c. 9, s. 46(3)
(3) Subsection 405(4) of the Act is replaced by the following:
Exception — nomination contestant’s contributions to own campaign
(4) Contributions that do not exceed $1,000 in total by a nomination contestant out of their own funds to their own campaign as a nomination contestant do not count towards the nomination contestant’s contributions for the purposes of paragraph (1)(a.1).
Contributions — candidates and leadership contestants
(4.1) Subject to subsection (4.2), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.
Exception — certain contributions to own campaign
(4.2) The following contributions are permitted:
(a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and
(b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.
Contributions under subsection (1) not affected
(4.3) Contributions made under subsection (4.2) do not have the effect of limiting the amounts that the candidate or leadership contestant, as the case may be, may contribute under subsection (1) to other candidates or to other leadership contestants, as the case may be.
2003, c. 19, s. 25; 2006, c. 9, s. 47
81. Section 405.1 of the Act is repealed.
2006, c. 9, s. 48(1)
82. (1) Paragraph 405.2(1)(a) of the Act is replaced by the following:
(a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or 405(4.1) or a limit set out in subsection 405(1) or (4.2) or section 405.31; or
2006, c. 9, s. 48(2)
(2) Subsection 405.2(4) of the Act is replaced by the following:
Prohibited agreements
(4) No person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.
83. Section 405.3 of the Act is renumbered as subsection 405.3(1) and is amended by adding the following:
Exception — candidates and leadership contestants
(2) Despite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 405(4.2) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.
84. Section 435 of the Act is amended by adding the following after subsection (1):
Reduction of reimbursement
(1.1) If the election expenses, as set out in the election expenses return, exceed the maximum amount that is allowed under section 422, the amount that is provided for in subsection (1) is reduced as follows, without at any time being less than zero:
(a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;
(b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;
(c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and
(d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.
85. (1) Section 465 of the Act is amended by adding the following after subsection (2):
Reduction of reimbursement
(2.1) If a candidate’s election expenses, as set out in his or her electoral campaign return, exceed the maximum amount that is allowed under section 440, the amount that is provided for in subsection (2) is reduced as follows:
(a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;
(b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;
(c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and
(d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.
(2) Section 465 of the Act is amended by adding the following after subsection (3):
Reimbursement
(4) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (2.1), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 464.
2001, c. 21, ss. 21 and 22; 2003, c. 19, ss. 6 to 12, 14 to 34.1, 36 to 44, 46 to 48, 49(2.1) and (3) and 50 to 57; 2004, c. 24, ss. 3 to 20; 2006, c. 9, ss. 41 to 55; 2007, c. 21, ss. 34 and 35; 2011, c. 24, s. 181
86. Part 18 of the Act is replaced by the following:
PART 18
FINANCIAL ADMINISTRATION
Division 1
General Financial Provisions
Contributions
Prohibition — ineligible contributors
363. (1) No person or entity other than an individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.
Return of contributions
(2) If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution from an ineligible contributor, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
Provincial divisions
(3) For greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers of funds to or by the division are transfers to or by the party.
Registered agents
(4) A provincial division of a registered party may appoint registered agents, subject to any terms and conditions that the appointment specifies. This Act applies to those agents as if they were registered agents appointed by the party under subsection 396(1).
Contributions — inclusions and exclusions
364. (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.
Exclusion for goods and services — registered parties, registered associations and candidates
(2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is
(a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;
(b) from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;
(c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);
(d) from a candidate endorsed by a registered party to the party or a registered association of the party;
(e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or
(f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.
Exclusion for funds — registered parties, registered associations and candidates
(3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is
(a) from a registered party to an electoral district association of the party;
(b) from a registered association to the registered party with which it is affiliated or another registered association of the party;
(c) from a candidate endorsed by a registered party to the party or a registered association of the party;
(d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or
(e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.
Exclusion for funds other than trust funds — registered parties and registered associations
(4) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is
(a) from a registered party to a candidate endorsed by the party; or
(b) from a registered association to a candidate endorsed by the registered party with which the association is affiliated.
Exclusion for funds — nomination contestants, leadership contestants and registered parties
(5) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is
(a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;
(b) from a leadership contestant of a registered party to the party or a registered association of the party; or
(c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).
Exclusion — paid leave of absence
(6) The provision by an employer of a paid leave of absence to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.
Exclusion — membership fees
(7) The payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.
Contribution
(8) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual or biennial convention or leadership convention of a particular registered party is a contribution to that party.
Certain transfers prohibited
365. (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a nomination contestant or a leadership contestant, unless the goods or services are offered equally to all contestants.
Definition of “directed contribution”
(2) In this section, “directed contribution” means an amount that is all or part of a contribution made to a registered party and that the contributor requests in writing be transferred to a particular leadership contestant.
Exception
(3) Subsection (1) does not apply to a directed contribution that is transferred by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.
Presumption
(4) The amount of a directed contribution that is to be transferred to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.
Issuance of receipts
366. (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant shall issue a receipt — of which the person shall keep a copy — for each contribution of more than $20 that they accept.
Record keeping
(2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following:
(a) a description of the function at which the contributions were collected;
(b) the date of the function;
(c) the approximate number of people at the function; and
(d) the total amount of the anonymous contributions received.
Contribution limits
367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
(a) $1,200 in total in any calendar year to a particular registered party;
(b) $1,200 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(c) $1,200 in total to a candidate for a particular election who is not the candidate of a registered party; and
(d) $1,200 in total in any calendar year to the leadership contestants in a particular leadership contest.
Testamentary dispositions
(2) A contribution may be made by way of a testamentary disposition if the contribution is made only in one calendar year and does not cause the contributor to exceed the relevant limit under subsection (1), taking into account any contributions that the contributor made before their death.
Non-conforming testamentary dispositions read down
(3) A testamentary disposition that provides for a contribution that would cause the contributor to exceed the relevant limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the contributor to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one calendar year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those calendar years.
Attribution of certain contributions
(4) For the purposes of subsection (1), a contribution to a person who presents themselves as seeking the endorsement of a partic- ular registered party is to be treated as a contribution referred to in paragraph (1)(b) to a candidate of that party and a contribution to a person who presents themselves as seeking to be a candidate not endorsed by any registered party is to be treated as a contribution referred to in paragraph (1)(c).
Exception — nomination contestant’s contributions to own campaign
(5) Contributions that do not exceed $1,000 in total by a nomination contestant out of their own funds to their own campaign as a nomination contestant do not count towards the nomination contestant’s contributions for the purposes of paragraph (1)(b).
Contributions — candidates and leadership contestants
(6) Subject to subsection (7), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.
Exception — certain contributions to own campaign
(7) The following contributions are permitted:
(a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and
(b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.
Contributions under subsection (1) not affected
(8) Contributions made under subsection (7) do not have the effect of reducing the amounts that the candidate or leadership contestant, as the case may be, may contribute under subsection (1) to other candidates or to other leadership contestants, as the case may be.
Prohibition — circumventing limits
368. (1) No person or entity shall
(a) circumvent, or attempt to circumvent, the prohibition under subsection 363(1) or 367(6) or a limit set out in subsection 367(1) or (7) or section 371; or
(b) act in collusion with another person or entity for that purpose.
Prohibition — concealing source of contribution
(2) No person or entity shall
(a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or
(b) act in collusion with another person or entity for that purpose.
Prohibition — accepting excessive contributions
(3) No person who is permitted to accept contributions under this Act shall knowingly accept a contribution that exceeds a limit under this Act.
Prohibited agreements
(4) No person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.
Prohibition — soliciting or accepting contribution
369. (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, a registered association or a candidate if the person or entity makes 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, a leadership contestant or an electoral district association.
Prohibition — collusion
(2) No person or entity shall act in collusion with another person or entity for the purpose of circumventing the prohibition under subsection (1).
Prohibition — making indirect contributions
370. (1) No individual shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.
Exception — candidates and leadership contestants
(2) Despite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 367(7) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.
Limit on cash contributions
371. No individual shall, in respect of each contribution made under this Division, contribute cash in an amount that exceeds $20.
Return of contributions
372. If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
Loans, Guarantees and Suretyships
Ineligible lenders and guarantors
373. (1) Except as permitted under this section, no person or entity shall
(a) make a loan to a registered party or a registered association;
(b) make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; or
(c) guarantee a loan referred to in paragraph (a) or (b).
Ineligible borrowers
(2) Except if the loan is permitted under this section, no registered agent of a registered party and no financial agent of a registered association shall borrow money on behalf of the party or association, and no official agent of a candidate and no financial agent of a nomination contestant or of a leadership contestant shall borrow money for the purposes of the candidate’s or contestant’s campaign.
Exception — financial institutions
(3) A financial institution as defined in section 2 of the Bank Act may in writing make a loan referred to in subsection (1) at a fair market rate of interest.
Exception — individuals
(4) An individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act may in writing make a loan referred to in subsection (1) or guarantee such a loan. However, the total of the following amounts shall not at any time exceed the individual’s relevant contribution limit set out in paragraphs 367(1)(a) to (d), subsection 367(5) and paragraphs 367(7)(a) and (b):
(a) the amounts of the individual’s contributions,
(b) the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made, and
(c) the amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individ- ual has ceased to be liable in the calendar year in which the guarantee was given.
Exception — certain loans
(5) A loan may be made in writing
(a) by a registered party to a registered association of the party or a candidate endorsed by the party; or
(b) by a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party.
Exception — certain guarantees and suretyships
(6) A registered party or registered association may in writing guarantee a loan made in writing to a party, association or candidate to which it itself is permitted to make a loan under subsection (5).
Prohibition — making indirect loans
374. No individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.
Expenses
Electoral campaign expenses
375. 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
376. (1) An election expense is any of the following:
(a) any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a candidate during an election period; and
(b) any acceptance by a registered party or a candidate of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a candidate during an election period.
Exclusions — certain fundraising and nominations
(2) Expenses for a fundraising activity and expenses to directly promote the nomination of a person as a candidate or the selection of a person as leader of a registered party, other than expenses referred to in paragraphs (4)(a) and (b) that are related to such fundraising and promotional activities, are not election expenses under subsection (1).
Exclusions — certain fundraising services
(3) The commercial value of services provided to a registered party for the purpose of soliciting — by mail, telephone or other electronic means — monetary contributions is not an election expense under subsection (1), as long as the soliciting is directed only towards individuals who have made at least one monetary contribution of $20 or more to the registered party or to one of its registered associations, nomination contestants or candidates in the five years before polling day for the election period in which the services are provided.
Inclusions
(4) An election expense referred to in subsection (1) includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,
(a) the production of advertising or promotional material;
(b) the distribution, broadcast or publication of such material in any media or by any other means during the election period, including by the use of a capital asset;
(c) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent or registered agent or in any other capacity;
(d) securing a meeting space or the supply of light refreshments at meetings;
(e) any product or service provided by a government, a Crown corporation or any other public agency; and
(f) the conduct of election surveys or other surveys or research during an election period.
Definition of “cost incurred”
(5) 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 fundraising functions
377. If a fundraising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant 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 — candidate
378. (1) A candidate’s personal expenses include
(a) travel and living expenses;
(b) childcare expenses;
(c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the candidate normally provides such care; and
(d) in the case of a candidate who has a disability, additional expenses that are related to the 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.
Costs related to candidate’s representatives
379. Any expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) or 237.1(2) are deemed to be personal expenses of the candidate.
Evidence of payment — $50 or more
380. (1) If an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person shall keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates setting out the nature of the expense together with proof that it was paid.
Evidence of payment — under $50
(2) If an expense of less than $50 was incurred and paid as described in subsection (1), the person who made the payment shall keep a record of the nature of the expense together with proof that it was paid.
Petty expenses
381. (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 on behalf of the registered party;
(b) an electoral district agent of a registered association, as an expense incurred on behalf of the association;
(c) the financial agent of a nomination contestant, as a nomination campaign expense;
(d) the official agent of a candidate, as an electoral campaign expense for the candidate; or
(e) a leadership campaign agent of a leadership contestant, as a leadership campaign expense.
Authorized maximum
(2) The written authorization referred to in subsection (1) shall 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 agent who authorized it with a statement of payments that the person made and the documentation referred to in section 380 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;
(b) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;
(c) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred;
(d) in the case of a petty expense incurred on behalf of a candidate, polling day; and
(e) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred.
Prohibition
(4) No person who is authorized to pay petty expenses shall pay, in total, more than the maximum amount of petty expenses that they are authorized to pay.
Publication of electoral campaign returns and election expenses returns
382. (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 corrected or revised versions of those returns
(a) in the case of an original return, within one year after the issue of a writ for an election;
(b) in the case of a corrected or revised version of a return, as soon as feasible after he or she receives it; and
(c) in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), or a corrected or revised version of such a document, as soon as feasible after he or she receives it.
Publication of financial transactions returns
(2) The Chief Electoral Officer shall publish the following, as soon as feasible after receiving them, in the manner that he or she considers appropriate:
(a) the financial transactions returns of registered parties and registered associations, and any corrected or revised versions of those returns;
(b) the nomination campaign returns of nomination contestants, any document referred to in subsection 476.75(10), (11), (12) or (15), and any corrected or revised versions of those returns or documents; and
(c) the leadership campaign returns of leadership contestants, any document referred to in subsection 478.8(10), (11), (12) or (15), any corrected or revised versions of those returns or documents, the returns in respect of contributions required under section 478.81, and any statements containing information with respect to contributions referred to in paragraph 478.3(2)(d).
Summary of return on candidates’ election expenses
(3) As soon as feasible after receiving an electoral campaign return, any document referred to in subsection 477.59(10), (11), (12) or (15) or any corrected or revised version of those returns or documents 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 that includes 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 applicable, an indication that the auditor’s report on a return was qualified.
Publication of return of deregistered parties
(4) As soon as feasible after receiving a financial transactions return under subparagraph 420(a)(i) from a deregistered political party, the Chief Electoral Officer shall publish it in the manner that he or she considers appropriate.
Delivery to returning officers
383. (1) The Chief Electoral Officer shall, as soon as feasible after receiving the documents referred to in subsection 477.59(1) for an electoral district, deliver a copy of them to the returning officer for the electoral district.
Public availability
(2) A returning officer who receives documents under subsection (1) shall, on request, make them available for six months for public inspection at any reasonable time. Copies may be obtained for a fee of up to $0.25 per page.
Retention
(3) A returning officer who receives documents under subsection (1) shall retain them for three years, or any shorter period that the Chief Electoral Officer considers appropriate, after the end of the six-month period mentioned in subsection (2).
Inflation Adjustment Factor
Inflation adjustment factor
384. Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette an inflation adjustment factor that is in effect for a period of one year beginning on that date. It shall be a fraction with
(a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and
(b) a denominator that is 108.6, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1998, calculated on the basis of 1992 being equal to 100.
Division 2
Political Parties
Subdivision a
Registration of Political Parties
Application for Registration
Application for registration
385. (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.
Contents of application
(2) The application for registration shall include
(a) the political party’s full name;
(b) the party’s short-form name, or its abbreviation, if any, that is to be shown in election documents;
(c) the party’s logo, if any;
(d) the name and address of the party’s leader and a copy of the party’s resolution to appoint the leader, certified by the leader and another officer of the party;
(e) the address of the party’s office where records are maintained and to which communications may be addressed;
(f) the names and addresses of the party’s officers and their signed consent to act in that capacity;
(g) the name and address of the party’s auditor and their signed consent to act in that capacity;
(h) the name and address of the party’s chief agent and their signed consent to act in that capacity;
(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.
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 information about the factors described in subsection 521.1(5).
Withdrawal of application
386. A leader who has made an application under subsection 385(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.
Eligibility for registration
387. A political party whose leader has made an application under subsection 385(1) becomes eligible for registration if
(a) its name, short-form name, abbreviation or logo does not
(i) so resemble the name, short-form name, abbreviation or logo of a registered party or an eligible party that it would, in the Chief Electoral Officer’s opinion, likely be confused with it, or
(ii) include the word “independent” or a word that so resembles “independent” that it would, in the Chief Electoral Officer’s opinion, likely be confused with it;
(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 385(2) and that the information is accurate.
Preservation of name
388. In the period of 30 days after the deregistration of a political party,
(a) no application for another political party to become a registered party shall be accepted — and no report under section 405 is effective — if the application or report would permit another political party to use a name, short-form name, abbreviation or logo that would, in the Chief Electoral Officer’s opinion, likely be confused with that of the deregistered party; and
(b) if a new application is made for the registration of the deregistered party under the name, short-form name, abbreviation or logo that it had at the time of its deregistration, the Chief Electoral Officer shall not refuse the application on the ground that it does not comply with subparagraph 387(a)(i).
Notification of eligibility
389. (1) The Chief Electoral Officer shall, as soon as feasible after the day on which the application is received, inform the leader of a political party who has applied for the party to become registered whether or not the party is eligible for registration under section 387. If the party is not eligible, the Chief Electoral Officer shall also indicate which of that section’s requirements have not been met.
Loss of eligibility
(2) A political party whose leader has been informed under subsection (1) that it is eligible loses its eligibility if
(a) it contravenes any of section 391, subsection 395(1), sections 399 to 402, subsections 405(1), (3) and (4) and 406(1) and section 407;
(b) one of its officers is not eligible under subsection 395(2) and the party has not complied with subsections 395(3) and (4);
(c) its chief agent is not eligible under section 397 and the party has not complied with section 400; or
(d) its auditor is not eligible under section 398 and the party has not complied with section 400.
Registration
390. (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 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 feasible after the end of 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 paragraph (3)(b) that it has not been registered.
Eligible party deemed registered
(5) For the purposes of sections 363, 367, 376, 430, 437 and 444, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs.
Report on agents of eligible parties
391. An eligible party shall, within 30 days after being informed under subsection 389(1) that it is eligible, provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, containing the name and address of any person appointed as its registered agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall, on the registration of the eligible party, register that information in the registry of political parties.
Statement of assets and liabilities
392. Within six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer with
(a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration;
(b) a report on that statement made by the registered party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it is based; and
(c) a declaration in the prescribed form by the registered party’s chief agent that the statement is complete and accurate.
Annual fiscal period
393. (1) The fiscal period of a registered party is the calendar year.
Adjustment of fiscal period
(2) Without delay after becoming registered, a political party shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.
Registry of political parties
394. The Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h) and subsections 396(2) and 418(2).
Officers, Registered Agents, Auditors and Members
Minimum number of officers
395. (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 who is an elector and whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party.
Appointment of replacement
(3) In the event of the death, incapacity, resignation or ineligibility of an officer of a registered party or eligible party, or the revocation of the appointment of one, 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 day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).
Registered agents
396. (1) A registered party may appoint persons to act as its registered agents, subject to any terms and conditions that the appointment specifies.
Report of appointment
(2) Within 30 days after the day on which a registered agent is appointed, the registered party shall provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, that includes the registered agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of political parties.
Agents — corporations
397. (1) A corporation incorporated under the laws of Canada or a province is eligible to be
(a) a chief agent or a registered agent of a registered party; or
(b) a chief agent or an agent of an eligible party.
Agents — ineligibility
(2) The following persons are ineligible to be a chief agent, a registered agent or an agent:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate;
(c) an auditor appointed as required by this Act;
(d) subject to subsection (1), a person who is not an elector;
(e) an undischarged bankrupt; and
(f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.
Auditor — eligibility
398. (1) Only the following are eligible to be an auditor for a registered party or an eligible party:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Auditor — ineligibility
(2) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate or their official agent;
(c) an officer of a registered party or an eligible party;
(d) a chief agent of a registered party or an eligible party;
(e) a registered agent of a registered party;
(f) an electoral district agent of a registered association;
(g) a nomination contestant or their financial agent;
(h) a leadership contestant or their leadership campaign agent; and
(i) a financial agent of a registered third party.
Consent
399. A registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act in that capacity.
Replacement of chief agent or auditor
400. (1) In the event of the death, incapacity, resignation or ineligibility of its chief agent or auditor, or the revocation of the appointment of one, a registered party or eligible party shall without delay appoint a replacement.
Report of appointment
(2) Within 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).
Only one chief agent and auditor
401. A registered party or eligible party shall have no more than one chief agent and one auditor at a time.
Minimum number of members
402. A registered party and an eligible party shall have at least 250 members who are electors.
Prohibition — officer
403. (1) No person who is ineligible to be an officer of a registered party or an eligible party shall act in that capacity.
Prohibition — agent
(2) No person who is ineligible to be a chief agent or registered agent of a registered party or an eligible party shall act in that capacity.
Prohibition — auditor
(3) No person who is ineligible to be an auditor of a registered party or an eligible party shall act in that capacity.
Prohibition — fundamental purpose
404. (1) Subject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party if
(a) 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; and
(b) the party has not made an application for deregistration under section 414.
Exception
(2) A person referred to in subsection (1) may sign an application for deregistration under section 414.
Changes in Information Concerning Parties
Changes in information
405. (1) Within 30 days after the day on which there is a change in the information in respect of a registered party or an eligible party in the registry of political parties, the party shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the leader of the party.
New name, abbreviation or logo
(2) The report of a change in the information referred to in paragraphs 385(2)(a) to (c) shall include a copy of the resolution of the party to make the change. If the changed information complies with subparagraph 387(a)(i) or (ii), the change is deemed to be effective as of
(a) the day after polling day, in the case of a report made during an election period; or
(b) the day on which the report was made, in any other case.
New leader
(3) The report of a change of leader for a party shall include a copy of the resolution of the party to appoint the new leader, certified by the new leader and another officer of the party.
New officer, chief agent or auditor
(4) If the report involves the replacement of an officer, the chief agent or the auditor, it shall include a copy of the signed consent referred to in section 399.
Registration of change
(5) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of political parties.
Entry in registry of electoral district associations
(6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations.
Confirmation of information at general election
406. (1) A registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, provide the Chief Electoral Officer with
(a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; or
(b) if there is a change in that information, the report of the change made under subsection 405(1).
Endorsement of candidates
(2) If the leader of a registered party or eligible party designates representatives to endorse candidates at a general election, the registered party or eligible party shall include with the statement or report referred to in subsection (1) a statement certified by its leader that sets out the names of the designated representatives.
Confirmation of registration yearly
407. (1) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with
(a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; and
(b) if there is a change in that information, the report of the change made under subsection 405(1).
Confirmation of members
(2) On or before June 30 of every third year, beginning in 2016, 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 385(2)(j).
Prohibition — false or misleading information (leader)
408. (1) No leader of a political party shall provide the Chief Electoral Officer with information under section 385 that the leader knows is false or misleading.
Prohibition — false or misleading information (party)
(2) No registered party and no eligible party shall provide the Chief Electoral Officer with information under any of sections 405 to 407 that it knows is false or misleading.
Prohibition — certification by leader
(3) No leader of a registered party or of an eligible party shall certify, under any of sections 405 to 407, a report or statement that they know contains false or misleading information.
Prohibition — leader’s declaration
(4) No leader of a political party shall make a declaration referred to in section 385, 405 or 407 that they know is false or misleading.
Prohibition — member’s declaration
(5) No member of a political party shall make a declaration referred to in section 385 or 407 that they know is false or misleading.
Deregistration of Registered Parties
Deregistration — no candidates
409. The Chief Electoral Officer shall, effective on the expiry 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.
Deregistration — officers or members
410. (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 395(1) or section 402, he or she shall, in writing, notify the party that it is required to
(a) show its compliance with subsection 395(1) within 60 days after the day on which the party receives the notice; or
(b) show its compliance with section 402 within 90 days after the day on which the party receives the notice.
Extension
(2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 395(1) or section 402 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.
Deregistration
(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
411. The Chief Electoral Officer shall give notice of a deregistration under section 409 or 410 to the registered party and its chief agent and of the resulting deregistration under section 417 to the registered associations and their financial agents.
Deregistration — failure to provide documents
412. The Chief Electoral Officer may deregister a registered party if the party fails to provide
(a) any of the documents referred to in section 392;
(b) a report under subsection 396(2) concerning the appointment of a registered agent;
(c) any of the documents referred to in subsection 400(2) or 405(1) or (4) with respect to a replacement of its auditor or chief agent;
(d) either of the documents referred to in subsections 405(1) and (3) with respect to a change of its leader;
(e) a report in accordance with subsection 405(2) of a change in the registered information on its name, short-form name, abbreviation or logo mentioned in paragraphs 385(2)(a) to (c);
(f) a report under subsection 405(1) concerning a change in any other registered information;
(g) confirmation under subsection 406(1) or section 407 of the validity of the registered information;
(h) a report that is required to be filed under subsection 476.1(1) by the registered party; or
(i) a statement that is required under subsection 478.1(1) or (2).
Deregistration — failure to file return and auditor’s report
413. The Chief Electoral Officer may deregister a registered party if its chief agent fails
(a) to provide him or her with a document for a fiscal year in accordance with subsection 432(1); or
(b) to provide him or her with a document for a general election in accordance with subsection 437(1).
Voluntary deregistration
414. 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.
Procedure for non-voluntary deregistration
415. (1) If the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to perform any obligation referred to in section 412 or 413, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of political parties that the party or officer must
(a) rectify the omission by the discharge of that obligation,
(i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 406(1), or
(ii) within 30 days after receipt of the notice, in any other case; or
(b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.
Extension or exemption
(2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by
(a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 412 or 413; or
(b) specifying a period for compliance with the obligations referred to in subparagraph (1)(a)(i) or (ii), as the case may be.
Deregistration
(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 with a notice amended under subsection (2).
Notice of deregistration
416. (1) If the Chief Electoral Officer proposes to deregister a registered party under section 414 or subsection 415(3), he or she shall, in writing, so notify the party and its registered associations.
Date of deregistration
(2) The notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.
Proof of service
(3) The notice 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.
Effect of deregistration of registered party
417. If a registered party is deregistered, its registered associations are also deregistered.
Notice of deregistration
418. (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.
Entry of deregistration in registry of political parties
(2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of political parties.
Continuation of registered status for limited purpose
419. A registered party that is deregistered continues to have the obligations of a registered party for the purpose of section 420.
Fiscal period and returns
420. The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with
(a) the documents referred to in subsection 432(1) for
(i) the portion of its current fiscal period ending on the day of its deregistration, and
(ii) any earlier fiscal period for which those documents have not already been provided under that subsection; and
(b) the documents referred to in subsection 437(1), for any general election for which those documents have not already been provided under that subsection.
Merger of Registered Parties
Application for merger
421. (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 merged registered party.
Contents
(2) An application to merge two or more registered parties shall
(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 political party to become a registered party, except for the information referred to in paragraph 385(2)(i).
Registration for eligible merged parties
422. (1) The Chief Electoral Officer shall amend the registry of political 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 421(1); and
(b) he or she is satisfied that
(i) the merged party is eligible for registration 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 political parties is to be amended under subsection (1).
Notice in Canada Gazette
(3) If the Chief Electoral Officer amends the registry of political 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
423. (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of political parties under subsection 422(1).
Consequences 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 are transferred 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.
Effect of merger on registered associations
(3) On the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 447(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.
Returns
424. 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 432(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, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,
(ii) a report on that statement made by the merged party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and
(iii) a declaration in the prescribed form by the chief agent of the merged party that the statement is complete and accurate.
Subdivision b
Financial Administration of Registered Parties
General
Duty of chief agent
425. The chief agent of a registered party is responsible for administering its financial transactions and for reporting on them in accordance with this Act.
Prohibition — paying expenses
426. (1) No person or entity, other than a registered agent of a registered party or a person authorized under subsection 381(1), shall pay the registered party’s expenses.
Prohibition — incurring expenses
(2) No person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.
Prohibition — accepting contributions, borrowing
(3) No person or entity, other than a registered agent of a registered party, shall accept contributions to the registered party or borrow money on its behalf.
Prohibition — accepting or providing goods, services or funds
(4) No person or entity, other than a registered agent of a registered party, shall, on behalf of the registered party,
(a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or
(b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.
Recovery of Claims for Debts
Claim for payment
427. A person who has a claim to be paid for a debt of a registered party shall send the invoice or other document evidencing the claim to the registered party or one of its registered agents.
Payment within three years
428. If a claim for an expense is evidenced by an invoice or other document that has been sent under section 427, the claim shall be paid within three years after the day on which payment of it is due.
Proceedings to recover payment
429. A person who has sent an invoice or other document evidencing a claim under section 427 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the registered agent refuses to pay that amount or disputes that it is payable; or
(b) after the end of the period referred to in section 428, in any other case.
Maximum Election Expenses
Maximum election expenses
430. (1) The maximum amount that is allowed for election expenses of a registered party for an election is the product of
(a) $0.735 multiplied by the number of names on the preliminary lists of electors for electoral districts in which the registered party has endorsed a candidate or by the number of names on the revised lists of electors for those electoral districts, whichever is greater, and
(b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election.
Election period longer than 36 days
(2) If an election period is longer than 36 days, then the maximum amount calculated under subsection (1) is increased by adding to it the product of
(a) one thirty-sixth of the maximum amount calculated under subsection (1), and
(b) the number of days in the election period minus 36.
Amounts not included in election expenses
(3) For the purpose of subsections (1) and (2), an election expense of a registered party does not include
(a) a transfer made by or on behalf of it to candidates in the election; or
(b) an expense incurred by it through a registered agent, or person authorized under subsection 381(1), who was not acting within the scope of the registered agent’s authority.
Prohibition — election expenses more than maximum
431. (1) No chief agent of a registered party shall incur election expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 430.
Prohibition — collusion
(2) No registered party and no third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the maximum amount referred to in subsection (1).
Financial Reporting
Financial transactions return
432. (1) For each fiscal period of a registered party, its chief agent shall provide the Chief Electoral Officer with
(a) a financial transactions return, in the prescribed form, on the registered party’s financial transactions;
(b) the auditor’s report on the return made under subsection 435(1); and
(c) a declaration in the prescribed form by the chief agent that the return is complete and accurate.
Contents of return
(2) A financial transactions return shall set out
(a) the total amount of contributions received by the registered party;
(b) the number of contributors;
(c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered party, that total amount, as well as the amount of each of those contributions and the date on which the party received it;
(d) the name and address of each contributor who has made a contribution to the registered party that includes a directed contribution as defined in subsection 365(2), the amount of the contribution, the amount of the directed contribution and the date on which the party received it;
(e) a statement of the registered party’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of
(i) claims that are the subject of proceedings under section 429, and
(ii) unpaid claims, including those resulting from loans made to the registered party under section 373;
(f) a statement of the registered party’s revenues and expenses in accordance with generally accepted accounting principles;
(g) a statement, for each electoral district, of the commercial value of goods or services provided and of funds transferred by the registered party to a candidate or the electoral district association;
(h) a statement of each amount transferred to a leadership contestant out of a directed contribution as defined in subsection 365(2), the information referred to in paragraph (d) with respect to the contributor and the name of the leadership contestant to whom the amount has been transferred;
(i) a statement of the commercial value of goods or services provided and of funds transferred to the registered party from any of its registered associations, a nomination contestant, a candidate or a leadership contestant;
(j) a return for election expenses incurred for each by-election during the fiscal period that sets out
(i) a statement of expenses incurred by the registered party, whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and
(ii) a statement of non-monetary contributions used by it;
(k) a statement of the terms and conditions of each loan made to the registered party under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed; and
(l) a statement of contributions received by the registered party but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Report
(3) If there is any amendment to the information in a statement referred to in paragraph (2)(k), including with respect to the giving of a guarantee or suretyship, then the registered party’s chief agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Publication
(4) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(k) and any report provided under subsection (3) as soon as feasible after receiving the information or report.
Period for providing documents
(5) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within six months after the end of the fiscal period.
Statement of unpaid claims
(6) The statement of unpaid claims referred to in subparagraph (2)(e)(ii) shall include information indicating
(a) each unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; and
(b) each claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.
Unpaid claims — 18 months or more
(7) The statement shall include the following information concerning claims referred to in paragraph (6)(b):
(a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;
(b) whether the claim is the subject of proceedings under section 429;
(c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;
(d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;
(e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and
(f) any other relevant information that could help explain why the amount is unpaid.
Quarterly returns
433. (1) If a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall provide the Chief Electoral Officer with a return, for each quarter of the fiscal period of the registered party, that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).
Period for providing return
(2) A quarterly return shall be provided within 30 days after the end of the period to which it relates.
When contributions forwarded to Receiver General
434. If the name of the contributor of a contribution of more than $20 to a registered party, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered party, is not known, one of the registered party’s registered agents shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Auditor’s report
435. (1) A registered party’s auditor shall report to the party’s chief agent on the party’s financial transactions return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which the return is based.
Statement
(2) The auditor shall include in the report any statement that the auditor considers necessary if
(a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;
(b) the auditor has not received all of the information and explanations that the auditor required; or
(c) based on the examination, it appears that the registered party has not kept proper financial records.
Right of access
(3) The auditor shall have access at any reasonable time to all of the party’s documents, and may require the party’s registered agents and officers to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Prohibition — false, misleading or incomplete document
436. No chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 432(1)(a) that
(a) the chief agent knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) does not substantially set out the information required under subsection 432(2) or, in the case of a statement of unpaid claims referred to in subparagraph 432(2)(e)(ii), does not substantially set out information required under subsection 432(6) or (7).