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
2000, c. 9CANADA ELECTIONS ACT
59. (1) Subsection 503(1) of the Act is replaced by the following:
Marginal note:Deregistered parties
503. (1) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if the party, during the portion of the election period before the deregistration, has spent more than the spending limit set out in section 350.
(2) Subsection 503(3) of the Act is replaced by the following:
Marginal note:Prior expenses applied against spending limit
(3) If subsection (1) or (2) applies, election advertising expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against the spending limit set out in section 350 and, if the limit has been exceeded, the party shall not incur any additional election advertising expenses.
Marginal note:2001, c. 21, s. 24
60. Section 504 of the Act is replaced by the following:
Marginal note:Judicial proceedings and compliance agreements
504. In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association,
(a) the party or association is deemed to be a person; and
(b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be.
61. Sections 506 and 507 of the Act are replaced by the following:
Marginal note:Deregistered party
506. A deregistered political party whose chief agent commits an offence under paragraph 497(1)(e) or (3)(c) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.
Marginal note:Registered party
507. A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o), (q) and (q.01) and (3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000.
62. Section 511 of the Act is replaced by the following:
Marginal note:Commissioner may prosecute
511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed and is of the view that the public interest justifies it, the Commissioner may institute a prosecution or cause one to be instituted.
Marginal note:Search and seizure
(2) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.
63. (1) Subsection 514(1) of the Act is replaced by the following:
Marginal note:Limitation period
514. (1) A prosecution for an offence under this Act must be instituted within 18 months after the day on which the Commissioner becomes aware of the facts giving rise to the prosecution and not later than seven years after the day on which the offence was committed.
(2) Section 514 of the Act is amended by adding the following after subsection (2):
Marginal note:Commissioner’s certificate
(3) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the facts giving rise to a prosecution, is admissible in evidence without proof of the signature or of the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.
63.1 The Act is amended by adding the following after section 536:
Marginal note:Political financing
536.1 After the submission to the House of Commons of a report under section 535 in relation to the first general election following the coming into force of this section, any committee of that House to which the report is referred shall, in addition to considering the report, consider the effects of the provisions of this Act concerning political financing that came into force on the same day as this section.
64. Subsection 541(1) of the Act is replaced by the following:
Marginal note:Inspection of instructions, correspondence and other reports
541. (1) All documents referred to in section 403.35, 424, 429, 435.3, 435.35, 451, 455, 478.23 or 478.3, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions or rulings by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours.
TRANSITIONAL PROVISIONS
Marginal note:Prior contributions
65. A contribution made before the coming into force of this section shall not be taken into account for the purposes of subsections 404.1(1) and 405(1) of the Canada Elections Act, as enacted by this Act.
Marginal note:Coming into force during an election period
66. (1) If this section comes into force during an election period, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses.
Marginal note:Prior elections
(2) For greater certainty, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to any election that preceded the coming into force of this section and to all related obligations or rights including obligations to report and rights to reimbursement of election expenses.
Marginal note:Coming into force during a leadership contest
67. If this section comes into force during a competition for the selection of the leader of a registered party, the Canada Elections Act, as amended by this Act, does not apply with respect to that competition.
Marginal note:Suspended party
68. A political party whose registration is suspended immediately before this section comes into force is deregistered on the day on which it comes into force. The Canada Elections Act, as amended by this Act, applies with respect to the deregistration.
Marginal note:Financial reporting — registered parties
69. (1) Despite section 66, for the fiscal period of a registered party during which this section comes into force,
(a) sections 424 to 427 and 429 to 431 of the Canada Elections Act, as amended by this Act, apply in respect of the documents that the registered party must provide in relation to that fiscal period; and
(b) with respect to contributions accepted by a registered party during that fiscal period and before the coming into force of this section, subsection 424(2) shall apply as if paragraphs 424(2)(a) to (c.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 424(2)(c) shall be applied without regard to the words “for its use, either directly or through one of its electoral district associations or a trust fund established for the election of a candidate endorsed by the registered party”.
Marginal note:Prior fiscal period
(2) Sections 424 to 428 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered party must provide in relation to any fiscal period ending before the coming into force of this section.
Marginal note:Electoral campaign return of candidate
70. For the electoral campaign return of a candidate filed after this section comes into force,
(a) sections 451 to 456 of the Canada Elections Act, as amended by this Act, apply; and
(b) with respect to contributions accepted by a candidate before the coming into force of this section, subsection 451(2) shall apply as if paragraphs 451(2)(f) to (h.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 451(2)(h) shall be applied without regard to the words “either directly or through a registered party that endorses the candidate or through one of its trust funds, a trust fund established for the election of the candidate or an electoral district association”.
Marginal note:Proportionate allowance
71. (1) For the quarter during which this section comes into force, the allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by this Act, shall be proportionate to that part of the quarter during which that section is in force.
Marginal note:Advance payment
(2) The allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by section 40 of this Act, for the quarter during which this section comes into force and for any remaining quarters of the year during which it comes into force shall be estimated on the basis of the most recent general election preceding the coming into force of this section and paid within 30 days after its coming into force. Subsection 435.02(2) of the Canada Elections Act, as enacted by this Act, applies to that payment with any modifications that may be required.
Marginal note:Advance payment to be taken into account
(3) In the application of sections 435.01 and 435.02 of the Canada Elections Act, as enacted by this Act, any amount paid under subsection (2) in relation to a quarter shall be taken into account. A registered party that received an amount under subsection (2) for a quarter that is in excess of the amount to which it is entitled under those sections for that quarter shall without delay return to the Receiver General the amount of that excess. The Receiver General may reduce any other amount payable to the party by the amount of that excess.
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