Marginal note:Deregistration — failure to file return and auditor’s report
387. The Chief Electoral Officer may deregister a registered party if its chief agent fails to provide the Chief Electoral Officer
(a) for a fiscal year, with a document in accordance with subsection 424(1); or
(b) for a general election, with a document in accordance with subsection 429(1).
- 2000, c. 9, s. 387;
- 2003, c. 19, s. 15.
Marginal note:Voluntary deregistration
388. 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.
- 2000, c. 9, s. 388;
- 2003, c. 19, s. 16.
Marginal note:Procedure for non-voluntary deregistration
389. (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 do anything referred to in section 386 or 387, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of parties that the party or officer must
(a) rectify the omission by the discharge of those obligations under section 386 or 387,
(i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 383(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.
Marginal note: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 386 or 387; or
(b) specifying a period for compliance with the requirements referred to in subparagraph (1)(a)(i) or (ii), as the case may be.
(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 amended notice under subsection (2).
- 2000, c. 9, s. 389;
- 2003, c. 19, s. 17.
Marginal note:Notice of deregistration
389.1 (1) If the Chief Electoral Officer proposes to deregister a registered party under section 388 or subsection 389(3), the Chief Electoral Officer shall so notify the party and its registered associations.
Marginal note:Date of deregistration
(2) The notice under subsection (1) shall specify the effective date of the deregistration, which shall be at least 15 days after the date of the sending of the notice.
Marginal note:Proof of service of notice
(3) The notice under subsection (1) 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.
- 2003, c. 19, s. 18.
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