An Act to amend the Canada Elections Act and the Income Tax Act (political financing) (S.C. 2003, c. 19)
Full Document:
Assented to 2003-06-19
An Act to amend the Canada Elections Act and the Income Tax Act (political financing)
S.C. 2003, c. 19
Assented to 2003-06-19
An Act to amend the Canada Elections Act and the Income Tax Act (political financing)
SUMMARY
This enactment amends the Canada Elections Act to extend disclosure requirements to electoral district associations and to leadership contestants and nomination contestants of registered parties. It introduces limits on contributions that may be made to parties, candidates, electoral district associations and leadership and nomination contestants.
It imposes on registered electoral district associations, leadership contestants and nomination contestants the obligation to report to the Chief Electoral Officer on contributions received and expenses incurred.
The enactment stipulates that contributions to registered parties, candidates, registered electoral district associations, leadership contestants and nomination contestants may be made only by individuals and are subject to limits. A limited exception allows contributions of up to $1,000 to be made by corporations and trade unions, or by associations from money given by individuals, to registered associations, nomination contestants and candidates.
The enactment provides for payment of a quarterly allowance to registered political parties, based on the percentage of votes obtained by the party in the previous general election. It increases the election expenses limit for parties and the percentage of election expenses that are reimbursed and broadens the definition of election expenses to include expenditures on polling.
The enactment amends the Income Tax Act to increase by $200 each of the brackets for which a tax credit for political contributions is eligible and to allow electoral district associations to issue tax receipts.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2000, c. 9CANADA ELECTIONS ACT
1. (1) Subsection 2(1) of the Canada Elections Act is amended by adding the following in alphabetical order:
“electoral district agent”
« agent de circonscription »
“electoral district agent” means a person appointed under subsection 403.09(1), and includes the financial agent of a registered association.
“electoral district association”
« association de circonscription »
“electoral district association” means an association of members of a political party in an electoral district.
“leadership campaign agent”
« agent de campagne à la direction »
“leadership campaign agent” means a person appointed under subsection 435.08(1), and includes the financial agent of a leadership contestant.
“leadership campaign expense”
« dépense de campagne à la direction »
“leadership campaign expense” means an expense reasonably incurred by or on behalf of a leadership contestant during a leadership contest as an incidence of the contest, including a personal expense as defined in section 435.03.
“leadership contest”
« course à la direction »
“leadership contest” means a competition for the selection of the leader of a registered party.
“leadership contestant”
« candidat à la direction »
“leadership contestant” means a person who has been registered in the registry of leadership contestants referred to in section 435.07 and who, or whose financial agent, has not yet complied with sections 435.3 to 435.47 in respect of that leadership contest.
“nomination campaign expense”
« dépense de campagne d’investiture »
“nomination campaign expense” means an expense reasonably incurred by or on behalf of a nomination contestant during a nomination contest as an incidence of the contest, including a personal expense as defined in section 478.01.
“nomination contest”
« course à l’investiture »
“nomination contest” means a competition for the selection of a person to be proposed to a registered party for its endorsement as its candidate in an electoral district.
“nomination contestant”
« candidat à l’investiture »
“nomination contestant” means a person named as a nomination contestant in a nomination contest report filed in accordance with paragraph 478.02(1)(c) who, or whose financial agent, has not yet complied with sections 478.23 to 478.42 in respect of that nomination contest.
“registered association”
« association enregistrée »
“registered association” means an electoral district association registered in the registry of electoral district associations referred to in section 403.08.
(2) Section 2 of the Act is amended by adding the following after subsection (4):
Marginal note:Descriptive cross-references
(5) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.
2. Subsection 24(6) of the Act is replaced by the following:
Marginal note:No partisan conduct
(6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a candidate, a leadership contestant or a nomination contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or a registered association.
3. Paragraph 84(b) of the Act is replaced by the following:
(b) an election officer or a member of the staff of a returning officer;
(b.1) an undischarged bankrupt;
4. (1) Paragraph 85(2)(a) of the Act is replaced by the following:
(a) an election officer or a member of the staff of a returning officer;
(2) Subsection 85(2) of the Act is amended by striking out the word “and” at the end of paragraph (d) and by adding the following after paragraph (e):
(f) electoral district agents of registered associations;
(g) leadership contestants and their leadership campaign agents;
(h) nomination contestants and their financial agents; and
(i) financial agents of registered third parties.
5. (1) Subsection 340(1) of the Act is replaced by the following:
Marginal note:Reallocation in case of deregistration
340. (1) If a registered party to which broadcasting time has been allocated under this Part is subsequently deregistered, the Broadcasting Arbitrator, within two weeks after publication in the Canada Gazette of the notice of deregistration, shall convene the representatives of the remaining registered parties and eligible parties to which broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time.
(2) Subsection 340(3) of the Act is replaced by the following:
Marginal note:Exception
(3) If the deregistration or cessation of eligibility referred to in subsection (1) or (2), respectively, occurs after the issue of the writs for a general election, the broadcasting time that was allocated to the deregistered party or to the party that has ceased to be eligible shall not be reallocated.
6. Section 363 of the Act is repealed.
7. The Act is amended by adding the following after section 368:
Marginal note:Preservation of name
368.1 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 may be accepted — and no report under section 382 shall be effective — that 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 and logo that it had at the time of its deregistration, the Chief Electoral Officer may not refuse the application on the ground that it does not comply with paragraph 368(a).
8. Paragraph 372(a) of the Act is replaced by the following:
(a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration;
9. Subsection 375(2) of the Act is repealed.
10. Paragraph 376(2)(a) of the Act is replaced by the following:
(a) an election officer or a member of the staff of a returning officer;
(a.1) a candidate;
(a.2) an undischarged bankrupt;
11. (1) Paragraph 377(2)(a) of the Act is replaced by the following:
(a) an election officer or a member of the staff of a returning officer;
(2) Subsection 377(2) of the Act is amended by striking out the word “and” at the end of paragraph (d) and by adding the following after paragraph (e):
(f) electoral district agents of registered associations;
(g) leadership contestants and their leadership campaign agents;
(h) nomination contestants and their financial agents; and
(i) financial agents of registered third parties.
12. Section 382 of the Act is amended by adding the following after subsection (5):
Marginal note:Entry in registry of electoral district associations
(6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations.
13. Section 385 of the Act and the heading before it are replaced by the following:
Deregistration of Registered Parties
Marginal note:Deregistration — fewer than 50 candidates
385. (1) The Chief Electoral Officer shall, effective on the expiration in a general election of the period for the confirmation or refusal of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in at least 50 electoral districts.
Marginal note:Notice of deregistration
(2) The Chief Electoral Officer shall give notice of the deregistration under subsection (1) of a registered party, and of the resulting deregistration under section 389.2 of its registered associations, to the leader, the chief agent and any other officer of the party set out in the registry of parties as well as to the chief executive officers and financial agents of the associations.
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