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

Assented to 2004-05-14

 The Act is amended by adding the following after section 521:

Deregistration

Marginal note:Notice to party
  • 521.1 (1) If the Commissioner has reasonable grounds to suspect that a registered party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election, the Commissioner shall, in writing, notify the party that it is required to show that that is one of its fundamental purposes.

  • Marginal note:Court application

    (2) If, after giving the party a reasonable opportunity to show what its fundamental purposes are, the Commissioner still has reasonable grounds to suspect that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the Commissioner may apply to a court described in subsection 525(1) for an order described in subsection (3).

  • Marginal note:Order

    (3) If the court is satisfied that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the court shall, by order, direct the Chief Electoral Officer to deregister the party and it may

    • (a) direct the chief agent — or another person specified by the court — to liquidate the party's assets; and

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

  • Marginal note:Onus on party

    (4) The onus of satisfying the court that one of its fundamental purposes is the purpose described in subsection (1) is on the party.

  • Marginal note:Factors

    (5) In making its decision, the court shall consider all of the factors relevant to determining the party's purposes, including, as applicable, the following:

    • (a) the party's constitution, articles of incorporation, letters patent or by-laws or any other information that may indicate those purposes;

    • (b) the party's political program, annual report to members, fundraising plan, advertising material and policy statements;

    • (c) the nature and extent of the activities of the party and its registered associations and candidates, including the nature and extent of their involvement in electoral campaigns and any of their public statements in support of another political party or a candidate of another political party;

    • (d) the funds received by the party and its registered associations and candidates, their sources and how they are used by the party, including as election expenses;

    • (e) interactions of the party with other entities that are not recognized political parties under the laws of any province that may indicate that it is under the control, direct or indirect, of another entity or that the party is using its status as a registered party primarily for the purpose of providing financial assistance to another entity; and

    • (f) whether the party is a non-profit entity.

  • Marginal note:Exemption

    (6) If, in the court's opinion, the public interest and the need to ensure fairness of the electoral process warrant it, the court may, on application, exempt the party and its registered associations from the application of subsection 127(3.3) of the Income Tax Act. If an exemption is granted, the court may impose any conditions on the activities of the party, registered association or candidate that it considers appropriate.

  • Marginal note:Liquidation

    (7) If a chief agent, a financial agent or a person specified by the court is, under subsection (3), directed to liquidate, they shall carry out the liquidation in accordance with subsections 501(4) to (7).

R.S., c. 1(5th Supp.)INCOME TAX ACT

 Section 127 of the Income Tax Act is amended by adding the following after subsection (3.2):

  • Marginal note:Prohibition — issuance of receipts

    (3.3) If the Commissioner of Canada Elections makes an application under subsection 521.1(2) of the Canada Elections Act in respect of a registered party, no registered agent of the party — including, for greater certainty, a registered agent appointed by a provincial division of the party — and no electoral district agent of a registered association of the party shall issue a receipt referred to in subsection (3) unless the Commissioner withdraws the application or the court makes an order under subsection 521.1(6) of that Act or dismisses the application.

TRANSITIONAL PROVISIONS

Marginal note:Parties to perfect registration
  •  (1) A party that is registered or eligible to become registered on the day on which this Act comes into force shall, within six months after that day, provide to the Chief Electoral Officer the information described in paragraphs 366(2)(d), (f), (i) and (j) of the Canada Elections Act, as enacted by this Act.

  • Marginal note:Requirements do not apply

    (2) Subsection 369(2), section 374.1, paragraph 377(2)(b.1), sections 378 and 380.1 and subsections 382(4) and 384(3) of the Canada Elections Act, as enacted by this Act, do not apply — until six months after the day on which this Act comes into force — in respect of a party that is registered or eligible to become registered on that day.

  • Marginal note:Requirements continue to apply

    (3) Subsection 369(2), section 378 and subsection 382(4) of the Canada Elections Act, as they read immediately before the day on which this Act comes into force, continue to apply — until six months after that day — in respect of a party that is registered or eligible to become registered on that day.

Marginal note:Sunset provision

 The amendments made by this Act cease to have effect on the day that is two years after the day on which this Act comes into force or, if Parliament is not then in session, on the day that is 90 days after the commencement of the next ensuing session.

COMING INTO FORCE

Marginal note:Coming into force
  •  (1) Subject to subsection (2), this Act comes into force on June 27, 2004 unless, before that day, the Chief Electoral Officer has published a notice in the Canada Gazette that the necessary preparations for the bringing into operation of this Act have been made and that this Act may come into force accordingly.

  • Marginal note:Limitation

    (2) If this Act receives royal assent on a day that is after June 27, 2004, it comes into force on that day.

 
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