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

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

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

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

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

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

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

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

• 21. (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);

• 22. (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.