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An Act to amend the Canada Elections Act and the Income Tax Act (S.C. 2004, c. 24)

Assented to 2004-05-14

Marginal note:2003, c. 19, s. 13

 Section 385 of the Act and the heading before it are replaced by the following:

Marginal note:Prohibition — false or misleading information (leader)
  • 384.1 (1) No leader of a party shall provide the Chief Electoral Officer with information under section 366 that they know is false or misleading.

  • Marginal note:Prohibition — false or misleading information (party)

    (2) No registered party or eligible party shall provide the Chief Electoral Officer with information under any of sections 382 to 384 that it knows is false or misleading.

  • Marginal note:Prohibition — certification by leader

    (3) No leader of a party shall certify, under any of sections 382 to 384, a report or statement that they know contains false or misleading information.

  • Marginal note:Prohibition — leader's declaration

    (4) No leader of a party shall make a declaration referred to in section 366, 382 or 384 that they know is false or misleading.

  • Marginal note:Prohibition — member's declaration

    (5) No member of a party shall make a declaration referred to in section 366 or 384 that they know is false or misleading.

Deregistration of Registered Parties

Marginal note:Deregistration — no candidates

385. The Chief Electoral Officer shall, effective on the expiration in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election.

Marginal note:Deregistration — officers or members
  • 385.1 (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 374.1(1) or section 380. 1, he or she shall, in writing, notify the party that it is required to show its compliance with

    • (a) subsection 374.1(1), within 60 days after receipt of the notice; or

    • (b) section 380.1, within 90 days after receipt of the notice.

  • Marginal note:Extension

    (2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 374.1(1) or section 380.1 within the time set out in the notice, he or she may, in writing, notify the party that it has another period of up to 60 or 90 days, as the case may be, in which to comply.

  • Marginal note:Deregistration

    (3) The Chief Electoral Officer shall deregister a registered party if it fails to comply with a notice under subsection (1) or (2), as the case may be.

Marginal note:Notice of deregistration

385.2 The Chief Electoral Officer shall give notice of a deregistration under section 385 or 385.1 to the registered party and its chief agent and of the resulting deregistration under section 389.2 to the registered associations and their financial agents.

 The Act is amended by adding the following after section 405.2:

Marginal note:Prohibition — soliciting or accepting contribution
  • 405.21 (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, registered association or candidate if the person or entity made a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity, other than the registered party or a candidate, leadership contestant or electoral district association.

  • Marginal note:Prohibition — collusion

    (2) No person or entity shall collude with a person or entity for the purpose of circumventing the prohibition in subsection (1).

Marginal note:2003, c. 19, s. 40

 Subsection 435.35(3) of the Act is replaced by the following:

  • Marginal note:Period for providing update

    (3) The leadership contestant's financial agent shall provide an updated version of a document referred to in subsection (1) within 30 days after making a payment that is dealt with in the updated version.

 Subsection 455(3) of the Act is replaced by the following:

  • Marginal note:Period for providing update

    (3) The candidate's official agent shall provide an updated version of a document referred to in subsection (1) within 30 days after making a payment that is dealt with in the updated version.

Marginal note:2003, c. 19, s. 57

 Subsection 478.3(3) of the Act is replaced by the following:

  • Marginal note:Period for providing update

    (3) The nomination contestant's financial agent shall provide an updated version of a document referred to in subsection (1) within 30 days after making a payment that is dealt with in the updated version.

  •  (1) Paragraph 497(1)(b) of the Act is replaced by the following:

    • (b) being a registered party, contravenes subsection 375(3) or, being a registered party or an eligible party, contravenes subsection 374.1(4), section 378, subsection 379(1) or (2) or section 380 (failure to comply with requirements re officers, chief agent, registered agents or auditor);

  • (2) Paragraph 497(3)(b) of the Act is replaced by the following:

    • (b) wilfully contravenes subsection 381(1), (1.1) or (2) (ineligible person acting as officer, chief agent, registered agent or auditor);

    • (b.1) being an officer of a party, contravenes section 381.1 (officer knowing party not a political party);

    • (b.2) being a leader of a party, contravenes subsection 384.1(1), (3) or (4) (providing or certifying false or misleading information or making false declaration);

    • (b.3) being a registered party or an eligible party, contravenes subsection 384.1(2) (providing false or misleading information);

    • (b.4) being a member of a party, contravenes subsection 384.1(5) (making false declaration);

  • (3) Subsection 497(3) of the Act is amended by adding the following after paragraph (f.161):

    • (f.162) being a person or entity, contravenes subsection 405.21(1) (soliciting or accepting contribution);

    • (f.163) being a person or entity, contravenes subsection 405.21(2) (collusion);

  •  (1) Section 501 of the Act is renumbered as subsection 501(1).

  • (2) Subsection 501(1) of the Act is amended by adding the following after paragraph (a):

    • (a.1) if the offence results, directly or indirectly, in a financial benefit under this Act, or a contribution for which a receipt referred to in subsection 127(3) of the Income Tax Act was issued, pay to the Receiver General an amount that is not more than the financial benefit or contribution, as the case may be;

  • (3) Section 501 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Additional penalties

      (2) If a registered party, its chief agent or registered agent or one of its officers has been convicted of an offence referred to in subsection (3), the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order,

      • (a) direct the Chief Electoral Officer to deregister the party;

      • (b) if it directs deregistration under paragraph (a), direct the chief agent — or another person specified by the court — to liquidate the party's assets; and

      • (c) if it directs liquidation under paragraph (b), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association's assets.

    • Marginal note:Offences

      (3) For the purposes of subsection (2), the provisions are:

      • (a) paragraph 497(3)(b.2) (providing or certifying false or misleading information or making false declaration);

      • (b) paragraph 497(3)(b.3) (providing false or misleading information);

      • (c) paragraph 497(3)(f.07) (failure to provide financial transactions return or related documents);

      • (d) paragraph 497(3)(f.161) (entering into prohibited agreement);

      • (e) paragraph 497(3)(f.162) (making representation re contribution);

      • (f) paragraph 497(3)(f.163) (collusion);

      • (g) paragraph 497(3)(i) (failure to provide financial transactions return or related documents);

      • (h) paragraph 497(3)(k) (providing financial transactions return containing false or misleading statement);

        • (i) subparagraph 497(3)(m)(ii) (providing election expenses return containing false or misleading statement); and

      • (j) paragraph 497(3)(v) (providing electoral campaign return containing false or misleading statement or one that is incomplete).

    • Marginal note:Documents to be provided to Chief Electoral Officer

      (4) The chief agent or specified person shall, within six months after being directed to liquidate the party's assets under subsection (2), provide to the Chief Electoral Officer

      • (a) a statement — prepared in accordance with generally accepted accounting principles — of the fair market value of the party's assets and liabilities on the day of the order;

      • (b) a report by the party's auditor to the chief agent or specified person containing the auditor's opinion as to whether the statement presents, in accordance with generally accepted auditing standards, the fair market value of those assets and liabilities; and

      • (c) a declaration in the prescribed form by the chief agent or specified person concerning that statement.

    • Marginal note:Remittance to Receiver General

      (5) Within three months after providing the documents referred to in subsection (4), the chief agent or specified person shall remit an amount equal to any net balance of the assets over liabilities, calculated on the basis of the statement mentioned in paragraph (4)(a), to the Chief Electoral Officer who shall forward that amount to the Receiver General.

    • Marginal note:Liability of chief agent

      (6) The chief agent or specified person is liable for the remittance of the amount referred to in subsection (5).

    • Marginal note:Application to registered associations

      (7) Subsections (4) to (6) apply to the liquidation of a registered association's assets under subsection (2) and any reference in those subsections to “party” and “chief agent” shall be read as a reference to “registered association” and “financial agent”, respectively.

 
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