Canada Elections Act (S.C. 2000, c. 9)

Marginal note:Publication

362 The Chief Electoral Officer shall, in the manner he or she considers appropriate,

• (a) publish the names and addresses of registered third parties, as they are registered;

• (a.1) publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);

• (b) publish, within one year after the issue of the writ, returns filed under subsection 359(1); and

• (c) publish, as soon as feasible, a corrected or revised version of a return filed under subsection 359(1) and published under paragraph (b).

PART 17.1Prohibitions in Relation to Voting at a Nomination Contest or Leadership Contest

Marginal note:Application

362.1 The provisions of this Part apply inside and outside Canada.

Marginal note:Undue influence by foreigners

• 362.2 (1) No person or entity referred to in any of paragraphs (a) to (d) shall unduly influence another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest:

  • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and who does not reside in Canada;

  • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada if it does not carry on business in Canada or one of the primary activities that it carries on in Canada consists of doing anything to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest;

  • (c) a trade union that does not hold bargaining rights for employees in Canada; or

  • (d) a foreign economic entity, a foreign entity, a foreign power or a foreign state, as those expressions are defined in subsection 2(1) of the Foreign Interference and Security of Information Act.

• Marginal note:Meaning of unduly influencing

  (2) For the purposes of subsection (1), a person or entity unduly influences another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest if

  • (a) the person or entity knowingly incurs any expense to directly promote or oppose a nomination contestant or leadership contestant in the nomination contest or leadership contest; or

  • (b) one of the things done by the person or entity to influence the other person is an offence under an Act of Parliament or a regulation made under any such Act, or under an Act of the legislature of a province or a regulation made under any such Act.

• Marginal note:Exceptions

  (3) For greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the other person to vote or refrain from voting, or to vote or refrain from voting for a nomination contestant or leadership contestant, at a nomination contest or leadership contest, consists of

  • (a) an expression of the person or entity’s opinion about the outcome or desired outcome of the contest;

  • (b) a statement by the person or entity that encourages the other person to vote or refrain from voting for any nomination contestant or leadership contestant in the nomination contest or leadership contest; or

  • (c) the transmission to the public through broadcasting, or through electronic or print media, of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, regardless of the expense incurred in doing so, if no contravention of subsection 330(1) is involved in the transmission.

• Marginal note:Collusion

  (4) No person or entity shall act in collusion with a person or entity to whom subsection (1) applies for the purpose of contravening that subsection.

• Marginal note:Selling advertising space

  (5) No person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit a message to influence another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest or to cause such a message to be transmitted.

Marginal note:Offering bribe

• 362.3 (1) No person shall, directly or indirectly, offer a bribe to influence another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest.

• Marginal note:Accepting bribe

  (2) No person shall accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest.

Marginal note:Intimidation, etc.

362.4 No person shall

• (a) by intimidation or duress, compel or attempt to compel another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest; or

• (b) by any pretence or contrivance, influence or attempt to influence another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest.

PART 18Financial Administration

DIVISION 1General Financial Provisions

Contributions

Marginal note:Prohibition — ineligible contributors

• 363 (1) No person or entity other than an individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.

• Marginal note:Return of contributions

  (2) If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution from an ineligible contributor, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

• Marginal note:Provincial divisions

  (3) For greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers of funds to or by the division are transfers to or by the party.

• Marginal note:Registered agents

  (4) A provincial division of a registered party may appoint registered agents, subject to any terms and conditions that the appointment specifies. This Act applies to those agents as if they were registered agents appointed by the party under subsection 396(1).

Marginal note:Contributions — inclusions and exclusions

• 364 (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.

• Marginal note:Exclusion — litigation expenses and personal expenses

  (1.1) For the purposes of this Act, any money that is used out of a nomination contestant’s, candidate’s or leadership contestant’s own funds to pay a litigation expense or personal expense is not a contribution if it has not been deposited into the bank account referred to in

  • (a) subsection 476.65(1), in the case of a nomination contestant;

  • (b) subsection 477.46(1), in the case of a candidate; or

  • (c) subsection 478.72(1), in the case of a leadership contestant.

• 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

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

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

  • (c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);

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

  • (e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

  • (f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

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

  (3) 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 registered 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;

  • (d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

  • (e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

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

  (4) 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 registered party with which the association is affiliated.

• Marginal note:Exclusion for funds — nomination contestants, leadership contestants and registered parties

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

  • (a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;

  • (b) from a leadership contestant of a registered party to the party or a registered association of the party; or

  • (c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).

• Marginal note:Exclusion — paid leave of absence

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

• Marginal note:Exclusion — membership fees

  (7) The payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.

• Marginal note:Contribution

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

• Marginal note:Prohibition

  (9) No person or entity other than an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall pay fees to attend an annual or biennial convention or leadership convention of a particular registered party, or pay fees on behalf of another individual for them to attend such a convention.

Marginal note:Certain transfers prohibited

• 365 (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a nomination contestant or a leadership contestant, unless the goods or services are offered equally to all contestants.

• Definition of directed contribution

  (2) In this section, directed contribution means an amount that is all or part of a contribution made to a registered party and that the contributor requests in writing be transferred to a particular leadership contestant.

• Marginal note:Exception

  (3) Subsection (1) does not apply to a directed contribution that is transferred by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.

• Marginal note:Presumption

  (4) The amount of a directed contribution that is to be transferred to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.

Marginal note:Issuance of receipts

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

• 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 nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following:

  • (a) a description of the function at which the contributions were collected;

  • (b) the date of the function;

  • (c) the approximate number of people at the function; and

  • (d) the total amount of the anonymous contributions received.