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

Act current to 2014-10-27 and last amended on 2014-10-01. Previous Versions

Marginal note:Spending limit
  •  (1) A third party shall not incur election advertising expenses of a total amount of more than $150,000 during an election period in relation to a general election.

  • Marginal note:Spending limit — electoral district

    (2) Not more than $3,000 of the total amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district, including by

    • (a) naming them;

    • (b) showing their likenesses;

    • (c) identifying them by their respective political affiliations; or

    • (d) taking a position on an issue with which they are particularly associated.

  • Marginal note:Expenses re party leader

    (3) The limit set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in a given electoral district.

  • Marginal note:Spending limit — by-election

    (4) A third party shall not incur election advertising expenses of a total amount of more than $3,000 in a given electoral district during the election period of a by-election.

  • Marginal note:Third party inflation adjustment factor

    (5) The amounts referred to in subsections (1), (2) and (4) shall be multiplied by the inflation adjustment factor referred to in section 414 that is in effect on the issue of the writ or writs.

Marginal note:No combination to exceed limit

 A third party shall not circumvent, or attempt to circumvent, a limit set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the limit or acting in collusion with another third party so that their combined election advertising expenses exceed the limit.

Marginal note:Advertising must name third party

 A third party shall identify itself in any election advertising placed by it and indicate that it has authorized the advertising.

Marginal note:Registration requirement for third parties
  •  (1) A third party shall register immediately after having incurred election advertising expenses of a total amount of $500 and may not register before the issue of the writ.

  • 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) the name, address and telephone number of

      • (i) if the third party is an individual, the individual,

      • (ii) if the third party is a corporation, the corporation and the officer who has signing authority for it, and

      • (iii) if the third party is a group, the group and a person who is responsible for the group;

    • (b) the signature of the individual, officer or person referred to in subparagraph (a)(i), (ii) or (iii), respectively, as the case may be;

    • (c) the address and telephone number of the office of the third party where its books and records are kept and of the office to which communications may be addressed; 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 must include a copy of the resolution passed by its governing body authorizing it to incur election advertising 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 an election advertising report under subsection 359(1).