Canada Elections Act (S.C. 2000, c. 9)

397. [Repealed, 2003, c. 19, s. 21]

398. [Repealed, 2003, c. 19, s. 21]

399. [Repealed, 2003, c. 19, s. 21]

Marginal note:Merger application

• 400. (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 single registered party resulting from their merger.

• Marginal note:Contents

  (2) An application to merge two or more registered parties must

  • (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 party to be registered, except for the information referred to in paragraph 366(2)(i).

Marginal note:Registration for eligible merged parties

• 401. (1) The Chief Electoral Officer shall amend the registry of 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 400(1); and

  • (b) the Chief Electoral Officer is satisfied that

    • (i) the merged party is eligible for registration as a political party 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.

• Marginal note:Notice

  (2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of parties is to be amended under subsection (1).

• Marginal note:Notice in Canada Gazette

  (3) If the Chief Electoral Officer amends the registry of 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.

Marginal note:Effective date of merger

• 402. (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of parties under subsection 401(1).

• Marginal note: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 belong 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.

• Marginal note: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 403.01(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.