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

351.2 [Repealed, 2018, c. 31, s. 225]

Marginal note:Advertising to name third party

352 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any election advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.

Marginal note:Registration requirement for third parties

• 353 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

  • (a) partisan activity expenses in relation to partisan activities that are carried out during an election period;

  • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

  • (c) election survey expenses in relation to election surveys that are conducted during that period.

  However, the third party may not register before the issue of the writ.

• Marginal note:Exception — deemed registration

  (1.1) A third party that registered under subsection 349.6(1) during a pre-election period that ends the day before the day of the issue of the writ and that is also required to register under subsection (1) is deemed to be registered under that subsection (1).

• Marginal note:Application for registration

  (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

  • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration 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 declaration 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 declaration 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;

  • (c) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

  • (d) the name, address and telephone number of the third party’s financial agent.

• Marginal note:Declaration of financial agent to accompany application

  (3) An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.

• Marginal note:New financial agent

  (4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

• Marginal note:Trade union or corporation

  (5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, election advertising expenses and election survey expenses.

• Marginal note:Examination of application

  (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

• Marginal note:Application rejected

  (7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, registered party, registered third party or eligible party.

• Marginal note:Registration ends

  (8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file a third-party expenses return under subsection 359(1).

Marginal note:Appointment of financial agent

• 354 (1) A third party that is required to register under subsection 353(1) shall appoint a financial agent who may be a person who is authorized to sign an application for registration made under that subsection.

• Marginal note:Exception — deemed appointment

  (1.1) If, at the end of the pre-election period before a general election referred to in paragraph 353(1)(a), a third party has a financial agent who was appointed under subsection 349.7(1), the financial agent is deemed to have been appointed under subsection (1).

• Marginal note:Financial agent — ineligible persons

  (2) The following persons are not eligible to be a financial agent of a third party:

  • (a) a candidate or an official agent of a candidate;

  • (b) a person who is the chief agent, or a registered agent, of a registered party;

  • (c) an election officer or a member of the staff of a returning officer; and

  • (d) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

Marginal note:Requirement to appoint auditor

• 355 (1) A third party that is required to register under subsection 353(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

  • (a) partisan activity expenses in respect of partisan activities that take place during an election period;

  • (b) election advertising expenses in respect of election advertising messages that are transmitted during that period; and

  • (c) election survey expenses in relation to that period.

• Marginal note:Exception — deemed appointment

  (1.1) If, when the obligation under subsection (1) to appoint an auditor applies, a third party has an auditor who was appointed under subsection 349.8(1), the auditor is deemed to have been appointed under subsection (1).

• Marginal note:Eligibility criteria

  (2) The following are eligible to be an auditor for a third party:

  • (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

  • (b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

• Marginal note:Ineligibility criteria

  (3) The following persons are not eligible to be an auditor for a third party:

  • (a) the third party’s financial agent;

  • (b) a person who signed the application made under subsection 353(2);

  • (c) an election officer or a member of the staff of a returning officer;

  • (d) a candidate;

  • (e) the official agent of a candidate;

  • (f) the chief agent of a registered party or an eligible party; and

  • (g) a registered agent of a registered party.

• Marginal note:Notification of appointment

  (4) Every third party, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

• Marginal note:New auditor

  (5) If a third party’s auditor is replaced, it must, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

356 [Repealed, 2018, c. 31, s. 229]

Marginal note:Responsibilities of financial agent

• 357 (1) Every contribution made during an election period to a registered third party for partisan activity, election advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, election advertising expense and election survey expense incurred during an election period on behalf of a registered third party shall be authorized by its financial agent.

• Marginal note:Delegation

  (2) A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, election advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.

• (3) [Repealed, 2018, c. 31, s. 230]

Marginal note:Interim third party expenses return

• 357.01 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 21st day before polling day, if the third party

  • (a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

  • (b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before polling day; or

  • (c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

• Marginal note:Contents of return

  (2) The interim third-party expenses return shall contain

  • (a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,

    • (i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,

    • (ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,

    • (iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and

    • (iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and

  • (b) in the case of any general election,

    • (i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,

    • (ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,

    • (iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and

    • (iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

• Marginal note:When no expenses

  (3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

• Marginal note:Contributions

  (4) The interim third-party expenses return shall include

  • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);

  • (b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution;

  • (c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

  • (d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(b) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

• Marginal note:Exceptions

  (5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed

  • (a) under subsection 359(1) in respect of

    • (i) a by-election that was held after the general election referred to in paragraph (1)(b), or

    • (ii) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1); or

  • (b) under subsection 349.91(1) or 349.92(1).

• Marginal note:Loans

  (6) For the purpose of subsection (4), a contribution includes a loan.

• Marginal note:Categories

  (7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

  • (a) individuals;

  • (b) businesses;

  • (c) commercial organizations;

  • (d) governments;

  • (e) trade unions;

  • (f) corporations without share capital other than trade unions; and

  • (g) unincorporated organizations or associations other than trade unions.

• Marginal note:Names to be provided

  (8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(b) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

• Marginal note:Declaration

  (9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

  • (a) the third party’s financial agent; and

  • (b) if different from the financial agent, the person who signed the application made under subsection 349.6(2) or 353(2), as the case may be.

• Marginal note:Supporting documents

  (10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.