Federal Accountability Act (S.C. 2006, c. 9)

Marginal note:2003, c. 19, s. 23

• 41. (1) Subsection 403.35(1) of the Act is amended by adding the word “and” at the end of paragraph (b), by striking out the word “and” at the end of paragraph (c) and by repealing paragraph (d).

• Marginal note:2003, c. 19, s. 23

  (2) Paragraphs 403.35(2)(a) to (d) of the Act are replaced by the following:

  • (a) a statement of contributions received by the registered association;

  • (b) the number of contributors;

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

Marginal note:2003, c. 19, s. 23

42. Section 403.36 of the Act is replaced by the following:

Marginal note:2003, c. 19, s. 24

43. Section 404.1 of the Act is repealed.

Marginal note:2003, c. 19, s. 24

• 44. (1) The portion of subsection 404.2(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exclusion for goods and services — registered parties, registered associations and candidates

    (2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is

• (2) Section 404.2 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exclusion for funds — registered parties, registered associations and candidates

    (2.1) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to an electoral district association of the party;

    • (b) from a registered association to the party with which it is affiliated or another registered association of the party;

    • (c) from a candidate endorsed by a registered party to the party or a registered association of the party; or

    • (d) from a candidate to himself or herself in his or her capacity as a nomination contestant in respect of the same election.

  • Marginal note:Exclusion for funds other than trust funds — registered parties and registered associations

    (2.2) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to a candidate endorsed by the party; or

    • (b) from a registered association to a candidate endorsed by the party with which the association is affiliated.

• Marginal note:2003, c. 19, s. 24

  (3) Subsections 404.2(4) and (5) of the Act are replaced by the following:

  • Marginal note:Exception

    (5) The provision, by an employer, of a paid leave of absence during an election period to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.

• (4) Section 404.2 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Contribution

    (7) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual, biennial or leadership convention of a particular registered party is a contribution to that party.

Marginal note:2003, c. 19, s. 24

• 45. (1) Subsection 404.4(1) of the Act is replaced by the following:

  Marginal note:Issuance of receipts

  • 404.4 (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant shall issue a receipt — of which he or she shall keep a copy — for each contribution of more than $20 that he or she accepts.

• Marginal note:2003, c. 19, s. 24

  (2) The portion of subsection 404.4(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Record keeping

    (2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant, the person authorized to accept those contributions must record the following:

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

• 46. (1) Subsection 405(1) of the Act is replaced by the following:

  Marginal note:Contribution limits

  • 405. (1) No individual shall make contributions that exceed

    • (a) $1,000 in total in any calendar year to a particular registered party;

    • (a.1) $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;

    • (b) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party; and

    • (c) $1,000 in total to the leadership contestants in a particular leadership contest.

• Marginal note:2003, c. 19, s. 25

  (2) Subsection 405(3) of the Act is replaced by the following:

  • Marginal note:Attribution of certain contributions

    (3) For the purposes of subsection (1), a contribution to a person who presents himself or herself as seeking the endorsement of a particular registered party shall be treated as a contribution referred to in paragraph (1)(a.1) to a candidate of that party and a contribution to a person who presents himself or herself as seeking to be a candidate not endorsed by any registered party shall be treated as a contribution referred to in paragraph (1)(b).

• Marginal note:2003, c. 19, s. 25

  (3) Paragraphs 405(4)(a) to (c) of the Act are replaced by the following:

  • (a) contributions that do not exceed $1,000 in total by a nomination contestant or candidate of a registered party out of his or her own funds to his or her own campaign as a nomination contestant or candidate;

  • (b) contributions that do not exceed $1,000 in total by a candidate for a particular election who is not the candidate of a registered party out of his or her own funds to his or her own campaign; and

  • (c) contributions that do not exceed $1,000 in total by a leadership contestant in a particular leadership contest out of his or her own funds to his or her own campaign.

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: