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

Act current to 2015-03-03 and last amended on 2015-01-01. Previous Versions

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Withdrawal of application

 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.

  • 2000, c. 9, s. 386;
  • 2003, c. 19, s. 14;
  • 2014, c. 12, s. 86.
Marginal note:Eligibility for registration

 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.

  • 2000, c. 9, s. 387;
  • 2003, c. 19, s. 15;
  • 2014, c. 12, s. 86.
Marginal note:Preservation of name

 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).

  • 2000, c. 9, s. 388;
  • 2003, c. 19, s. 16;
  • 2014, c. 12, s. 86.
Marginal note:Notification of eligibility
  •  (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.

  • Marginal note: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.

  • 2000, c. 9, s. 389;
  • 2003, c. 19, s. 17;
  • 2014, c. 12, s. 86.