Marginal note:2003, c. 19, s. 25

• 47. (1) The portion of subsection 405.1(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Adjustment for inflation

  • 405.1 (1) The inflation adjustment factor applicable to the limits established under subsection 405(1), in effect for a period of one year beginning on each April 1, is a fraction with

• Marginal note:2003, c. 19, s. 25

  (2) Subsection 405.1(2) of the Act is replaced by the following:

  • Marginal note:Adjustment

    (2) The amounts set out in subsection 405(1) shall be multiplied by the inflation adjustment factor referred to in subsection (1) for any given year and the resulting amounts apply

    • (a) in the cases referred to in paragraphs 405(1)(a) and (a.1), during the calendar year that commences in that year;

    • (b) in the case referred to in paragraph 405(1)(b), with respect to an election whose writ is issued during that year; and

    • (c) in the case referred to in paragraph 405(1)(c), with respect to a leadership contest that begins during that year.

    The resulting amounts shall be rounded to the nearest hundred dollars.

Marginal note:2003, c. 19, s. 25

• 48. (1) Paragraph 405.2(1)(a) of the Act is replaced by the following:

  • (a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit set out in subsection 405(1) or section 405.31; or

• Marginal note:2003, c. 19, s. 25

  (2) Subsection 405.2(4) of the Act is replaced by the following:

  • Marginal note:Prohibited agreements

    (4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.

Marginal note:2003, c. 19, s. 25

49. Sections 405.3 and 405.4 of the Act are replaced by the following:

Marginal note:2003, c. 19, s. 35

50. Section 425 of the Act is replaced by the following:

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

51. Section 435.32 of the Act is replaced by the following:

Marginal note:2003, c. 19, ss. 44(3) and (4)

• 52. (1) Paragraphs 451(2)(f) to (h.1) of the Act are replaced by the following:

  • (f) a statement of contributions received;

  • (g) the number of contributors;

  • (h) the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate;

• Marginal note:2003, c. 19, s. 44(6)

  (2) Subsection 451(2.1) of the Act is replaced by the following:

  • Marginal note:Supporting documents

    (2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement concerning personal expenses referred to in subsection 456(1).

Marginal note:2003, c. 19, s. 45

53. Section 452 of the Act is replaced by the following:

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

• 54. (1) Paragraphs 478.23(2)(d) to (g) of the Act are replaced by the following:

  • (d) a statement of contributions received;

  • (e) the number of contributors;

  • (f) the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant;

• Marginal note:2003, c. 19, s. 57

  (2) Subsection 478.23(3) of the Act is replaced by the following:

  • Marginal note:Supporting documents

    (3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1).

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

55. Section 478.24 of the Act is replaced by the following:

• 56. (1) Subsection 486(1) of the Act is replaced by the following:

  Marginal note:Strict liability offences — summary conviction

  • 486. (1) Every candidate who contravenes subsection 83(1) (failure to appoint official agent) or 83(2) (failure to appoint auditor), section 87 (failure to appoint a replacement official agent or auditor), subsection 92.2(1) (accepting prohibited gift or other advantage) or 92.2(5) (failure to provide statement within required period) or paragraph 92.6(b) (providing incomplete statement) is guilty of an offence.

• (2) Subsection 486(3) of the French version of the Act is replaced by the following:

  • Marginal note:Infraction exigeant une intention — double procédure

    (3) Commet une infraction :

    • a) quiconque contrevient à l’article 89 (signature d’un acte de candidature par une personne inéligible);

    • b) quiconque contrevient volontairement aux paragraphes 90(1) ou (2) (agir comme agent officiel ou vérificateur d’un candidat sans être admissible);

    • c) quiconque contrevient à l’article 91 (fausse déclaration à propos d’un candidat);

    • d) quiconque contrevient à l’article 92 (publication d’une fausse déclaration relative à un désistement).

• (3) Subsection 486(3) of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after paragraph (d):

  • (e) being a candidate, wilfully contravenes subsection 92.2(1) (accepting prohibited gift or other advantage);

  • (f) being a candidate, wilfully contravenes subsection 92.2(5) (failure to provide statement within required period); or

  • (g) being a candidate, contravenes paragraph 92.6(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 92.6(b) (providing incomplete statement).

Marginal note:2003, s. 19, s. 58(3)

• 57. (1) Paragraph 497(1)(i.6) of the Act is replaced by the following:

  • (i.6) being an individual, contravenes section 405.3 (making indirect contributions);

• Marginal note:2003, c. 19, s. 58(11)

  (2) Paragraphs 497(3)(f.17) and (f.18) of the Act are replaced by the following:

  • (f.17) being an individual, wilfully contravenes section 405.3 (making indirect contributions);

  • (f.18) being an individual, wilfully contravenes section 405.31 (exceeding cash contribution limit);

58. Subsection 502(2) of the Act is amended by adding the following after paragraph (f):

Marginal note:2003, c. 19, s. 63(1)

59. Subsection 514(1) of the Act is replaced by the following:

Transitional Provisions

Marginal note:Transitional — Registered associations

60. Sections 403.35 and 403.36 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 association must provide in relation to the fiscal period ending after the coming into force of this section.

Marginal note:Transitional — Candidates

61. If a candidate was, before the coming into force of this section, deemed under section 365 of the Canada Elections Act to have been a candidate, then section 451 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the official agent of the candidate must provide in relation to the election next following the coming into force of this section.

Marginal note:Transitional — Nomination campaigns

62. If a nomination contestant was, before the coming into force of this section, deemed under section 478.03 of the Canada Elections Act to have been a nomination contestant, then section 478.23 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the financial agent of the nomination contestant must provide in relation to the nomination campaign of that contestant.

Consequential Amendments

R.S., c. 1 (5th Supp.)Income Tax Act

63. Subparagraph 98.1(1)(d)(i) of the Income Tax Act is replaced by the following:

• 64. (1) The portion of subsection 127(4.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Monetary contributions — form and content

    (4.1) For the purpose of subsections (3) and (3.1), a monetary contribution made by a taxpayer may be in the form of cash or of a negotiable instrument issued by the taxpayer. However, it does not include

• (2) Subsection 127(4.2) of the Act is repealed.

R.S., c. 44 (4th Supp.)Lobbyists Registration Act

Amendments to Act

65. The long title of the Lobbyists Registration Act is replaced by the following:

66. Section 1 of the Act is replaced by the following:

• 67. (1) The definition “registrar” in subsection 2(1) of the Act is repealed.

• (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “designated public office holder”

  « titulaire d’une charge publique désignée »

  “designated public office holder” means

  • (a) a minister of the Crown or a minister of state and any person employed in his or her office who is appointed under subsection 128(1) of the Public Service Employment Act,

  • (b) any other public office holder who, in a department within the meaning of paragraph (a), (a.1) or (d) of the definition “department” in section 2 of the Financial Administration Act,

    • (i) occupies the senior executive position, whether by the title of deputy minister, chief executive officer or by some other title, or

    • (ii) is an associate deputy minister or an assistant deputy minister or occupies a position of comparable rank, and

  • (c) any individual who occupies a position that has been designated by regulation under paragraph 12(c.1).

• (3) Section 2 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Transition team

    (3) Any person identified by the Prime Minister as having had the task of providing support and advice to him or her during the transition period leading up to the swearing in of the Prime Minister and his or her ministry is subject to this Act, except subsections 10.11(2) to (4), as if the person were a designated public office holder during that period.

68. The Act is amended by adding the following after section 4: