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Federal Accountability Act (S.C. 2006, c. 9)

Assented to 2006-12-12

Marginal note:2003, c. 19, s. 35

 Section 425 of the Act is replaced by the following:

Marginal note:When contributions forwarded to Receiver General

425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the registered party, to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Marginal note:2003, c. 19, s. 40

 Section 435.32 of the Act is replaced by the following:

Marginal note:When contributions forwarded to Receiver General

435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Marginal note:2003, c. 19, ss. 44(3) and (4)
  •  (1) Paragraphs 451(2)(f) to (h.1) of the Act are replaced by the following:

    • (f) a statement of contributions received;

    • (g) the number of contributors;

    • (h) the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate;

  • Marginal note:2003, c. 19, s. 44(6)

    (2) Subsection 451(2.1) of the Act is replaced by the following:

    • Marginal note:Supporting documents

      (2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement concerning personal expenses referred to in subsection 456(1).

Marginal note:2003, c. 19, s. 45

 Section 452 of the Act is replaced by the following:

Marginal note:When contributions forwarded to Receiver General

452. An official agent of a candidate shall, without delay, pay an amount of money equal to the value of a contribution that the candidate received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

Marginal note:2003, c. 19, s. 57
  •  (1) Paragraphs 478.23(2)(d) to (g) of the Act are replaced by the following:

    • (d) a statement of contributions received;

    • (e) the number of contributors;

    • (f) the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

  • Marginal note:2003, c. 19, s. 57

    (2) Subsection 478.23(3) of the Act is replaced by the following:

    • Marginal note:Supporting documents

      (3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).

Marginal note:2003, c. 19, s. 57

 Section 478.24 of the Act is replaced by the following:

Marginal note:When contributions forwarded to Receiver General

478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received by the contestant to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.

  •  (1) Subsection 486(1) of the Act is replaced by the following:

    Marginal note:Strict liability offences — summary conviction
    • 486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor), section 87 (failure to appoint a replacement official agent or auditor), subsection 92.2(1) (accepting prohibited gift or other advantage) or 92.2(5) (failure to provide statement within required period) or paragraph 92.6(b) (providing incomplete statement) is guilty of an offence.

  • (2) Subsection 486(3) of the French version of the Act is replaced by the following:

    • Marginal note:Infraction exigeant une intention — double procédure

      (3) Commet une infraction :

      • a) quiconque contrevient à l’article 89 (signature d’un acte de candidature par une personne inéligible);

      • b) quiconque contrevient volontairement aux paragraphes 90(1) ou (2) (agir comme agent officiel ou vérificateur d’un candidat sans être admissible);

      • c) quiconque contrevient à l’article 91 (fausse déclaration à propos d’un candidat);

      • d) quiconque contrevient à l’article 92 (publication d’une fausse déclaration relative à un désistement).

  • (3) Subsection 486(3) of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after paragraph (d):

    • (e) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);

    • (f) being a candidate, wilfully contravenes subsection 92.2(5) (failure to provide statement within required period); or

    • (g) being a candidate, contravenes paragraph 92.6(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 92.6(b) (providing incomplete statement).

Marginal note:2003, s. 19, s. 58(3)
  •  (1) Paragraph 497(1)(i.6) of the Act is replaced by the following:

    • (i.6) being an individual, contravenes section 405.3 (making indirect contributions);

  • Marginal note:2003, c. 19, s. 58(11)

    (2) Paragraphs 497(3)(f.17) and (f.18) of the Act are replaced by the following:

    • (f.17) being an individual, wilfully contravenes section 405.3 (making indirect contributions);

    • (f.18) being an individual, wilfully contravenes section 405.31 (exceeding cash contribution limit);

 Subsection 502(2) of the Act is amended by adding the following after paragraph (f):

  • (f.1) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);

Marginal note:2003, c. 19, s. 63(1)

 Subsection 514(1) of the Act is replaced by the following:

Marginal note:Limitation period
  • 514. (1) A prosecution for an offence under this Act may be instituted at any time but not later than five years after the day on which the Commissioner became aware of the facts giving rise to the prosecution but, in any case, not later than 10 years after the day on which the offence was committed.

Transitional Provisions

Marginal note:Transitional — Registered associations

 Sections 403.35 and 403.36 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered association must provide in relation to the fiscal period ending after the coming into force of this section.

Marginal note:Transitional — Candidates

 If a candidate was, before the coming into force of this section, deemed under section 365 of the Canada Elections Act to have been a candidate, then section 451 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the official agent of the candidate must provide in relation to the election next following the coming into force of this section.

Marginal note:Transitional — Nomination campaigns

 If a nomination contestant was, before the coming into force of this section, deemed under section 478.03 of the Canada Elections Act to have been a nomination contestant, then section 478.23 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the financial agent of the nomination contestant must provide in relation to the nomination campaign of that contestant.

Consequential Amendments

R.S., c. 1 (5th Supp.)Income Tax Act

 Subparagraph 98.1(1)(d)(i) of the Income Tax Act is replaced by the following:

  • (i) by reason of paragraph (b), the taxpayer shall, except for the purposes of subsections 110.1(4) and 118.1(8), be deemed not to be a member of the partnership, and

  •  (1) The portion of subsection 127(4.1) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Monetary contributions — form and content

      (4.1) For the purpose of subsections (3) and (3.1), a monetary contribution made by a taxpayer may be in the form of cash or of a negotiable instrument issued by the taxpayer. However, it does not include

  • (2) Subsection 127(4.2) of the Act is repealed.

 

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