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

Marginal note:Policy for the protection of personal information — parties already registered, etc.

• 385.1 (1) Within three months after the day on which this section comes into force, the leader of a political party shall provide the Chief Electoral Officer with the party’s policy for the protection of personal information referred to in paragraph 385(2)(k) and the Internet address referred to in paragraph 385(2)(l), if

  • (a) before the day on which this section comes into force, the leader of the party has applied under section 385 for the party to become a registered party but, as of that day, the Chief Electoral Officer has not yet informed the leader under subsection 389(1) whether or not the party is eligible for registration under section 387; or

  • (b) on the day on which this section comes into force, the party is

    • (i) an eligible party, or

    • (ii) a registered party.

• Marginal note:Failure to comply

  (2) If the leader of the political party does not comply with subsection (1), then

  • (a) in the case of a party referred to in paragraph (1)(a), the party is not eligible for registration under section 387;

  • (b) in the case of a party referred to in subparagraph (1)(b)(i), the party may not become a registered party under section 390; and

  • (c) in the case of a party referred to in subparagraph (1)(b)(ii), the Chief Electoral Officer shall implement the procedure for non-voluntary deregistration set out in sections 415, 416 and 418.

• Marginal note:Deemed inclusion in application for registration

  (3) If the leader of a political party provides the Chief Electoral Officer with the policy and the address referred to in subsection (1) in compliance with that subsection, or in compliance with section 415, then the policy and the address are deemed, as of the day on which they are provided, to be included in the application for registration referred to in subsection 385(2) in respect of the party.

Marginal note:Definition of personal information

• 385.2 (1) Despite the definition personal information in subsection 2(1), for the purposes of this section, personal information means information about an identifiable individual.

• Marginal note:Collection, use, disclosure, retention and disposal

  (2) In order to participate in public affairs by endorsing one or more of its members as candidates and supporting their election, any registered party or eligible party, as well as any person or organization acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, may, subject to this Act and any other applicable federal Act, collect, use, disclose, retain and dispose of personal information in accordance with the party’s privacy policy.

• Marginal note:Purpose

  (3) The purpose of this section is to provide for a national, uniform, exclusive and complete regime applicable to registered parties and eligible parties respecting their collection, use, disclosure, retention and disposal of personal information.

Marginal note:Withdrawal of application

386 A leader who has made an application under subsection 385(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.

Marginal note:Eligibility for registration

387 A political party whose leader has made an application under subsection 385(1) becomes eligible for registration if

• (a) its name, short-form name, abbreviation or logo does not

  • (i) so resemble the name, short-form name, abbreviation or logo of a registered party or an eligible party that it would, in the Chief Electoral Officer’s opinion, likely be confused with it, or

  • (ii) include the word “independent” or a word that so resembles “independent” that it would, in the Chief Electoral Officer’s opinion, likely be confused with it;

• (b) the party has at least three officers in addition to its leader and has appointed a chief agent and an auditor; and

• (c) the Chief Electoral Officer is satisfied that the party has provided the information required under subsection 385(2) and that the information is accurate.

Marginal note:Preservation of name

388 In the period of 30 days after the deregistration of a political party,

• (a) no application for another political party to become a registered party shall be accepted — and no report under section 405 is effective — if the application or report would permit another political party to use a name, short-form name, abbreviation or logo that would, in the Chief Electoral Officer’s opinion, likely be confused with that of the deregistered party; and

• (b) if a new application is made for the registration of the deregistered party under the name, short-form name, abbreviation or logo that it had at the time of its deregistration, the Chief Electoral Officer shall not refuse the application on the ground that it does not comply with subparagraph 387(a)(i).

Marginal note:Notification of eligibility

• 389 (1) The Chief Electoral Officer shall, as soon as feasible after the day on which the application is received, inform the leader of a political party who has applied for the party to become registered whether or not the party is eligible for registration under section 387. If the party is not eligible, the Chief Electoral Officer shall also indicate which of that section’s requirements have not been met.

• Marginal note:Loss of eligibility

  (2) A political party whose leader has been informed under subsection (1) that it is eligible loses its eligibility if

  • (a) it contravenes any of section 391, subsection 395(1), sections 399 to 402, subsections 405(1), (3) and (4) and 406(1) and section 407;

  • (b) one of its officers is not eligible under subsection 395(2) and the party has not complied with subsections 395(3) and (4);

  • (c) its chief agent is not eligible under section 397 and the party has not complied with section 400; or

  • (d) its auditor is not eligible under section 398 and the party has not complied with section 400.

389.1 [Repealed, 2014, c. 12, s. 86]

389.2 [Repealed, 2014, c. 12, s. 86]

Marginal note:Registration

• 390 (1) An eligible party becomes a registered party if it has at least one candidate whose nomination has been confirmed for an election and its application to become registered was made at least 60 days before the issue of the writ or writs and has not been withdrawn.

• Marginal note:Late application

  (2) An eligible party whose application was made after the 60 days referred to in subsection (1) becomes a registered party for the next general election — or any by-election that precedes it — if it satisfies the requirements of that subsection for that election.

• Marginal note:Notification

  (3) The Chief Electoral Officer shall, as soon as feasible after the end of the 48-hour period following the close of nominations,

  • (a) inform the leader of an eligible party that meets the requirements of subsection (1) that the party has been registered; and

  • (b) in the case of a general election, inform the leader of an eligible party that does not meet the requirements of subsection (1) that the party has not been registered.

• Marginal note:Loss of eligibility

  (4) An eligible party, other than one referred to in subsection (2), loses its eligibility on being informed under paragraph (3)(b) that it has not been registered.

• Marginal note:Eligible party deemed registered

  (5) For the purposes of sections 363, 367, 376, 430, 437 and 444, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs.

• Marginal note:Eligible party deemed registered

  (6) For the purposes of section 429.1 and — despite subsection (5) — sections 363 and 367, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the first day of the pre-election period — if any — before the election period of the election referred to in that subsection.

Marginal note:Report on agents of eligible parties

391 An eligible party shall, within 30 days after being informed under subsection 389(1) that it is eligible, provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, containing the name and address of any person appointed as its registered agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall, on the registration of the eligible party, register that information in the registry of political parties.

Marginal note:Statement of assets and liabilities

392 Within six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer with

• (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration;

• (b) a report on that statement made by the registered party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it is based; and

• (c) a declaration in the prescribed form by the registered party’s chief agent that the statement is complete and accurate.

Marginal note:Annual fiscal period

• 393 (1) The fiscal period of a registered party is the calendar year.

• Marginal note:Adjustment of fiscal period

  (2) Without delay after becoming registered, a political party shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.

Marginal note:Registry of political parties

394 The Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h), (k) and (l) and subsections 396(2) and 418(2).

Officers, Registered Agents, Auditors and Members

Marginal note:Minimum number of officers

• 395 (1) Subject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party.

• Marginal note:Eligibility — officer

  (2) Only a person who is an elector and whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party.

• Marginal note:Appointment of replacement

  (3) In the event of the death, incapacity, resignation or ineligibility of an officer of a registered party or eligible party, or the revocation of the appointment of one, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days.

• Marginal note:Report of appointment

  (4) Within 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).

Marginal note:Registered agents

• 396 (1) A registered party may appoint persons to act as its registered agents, subject to any terms and conditions that the appointment specifies.

• Marginal note:Report of appointment

  (2) Within 30 days after the day on which a registered agent is appointed, the registered party shall provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, that includes the registered agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of political parties.

Marginal note:Agents — corporations

• 397 (1) A corporation incorporated under the laws of Canada or a province is eligible to be

  • (a) a chief agent or a registered agent of a registered party; or

  • (b) a chief agent or an agent of an eligible party.

• Marginal note:Agents — ineligibility

  (2) The following persons are ineligible to be a chief agent, a registered agent or an agent:

  • (a) an election officer or a member of the staff of a returning officer;

  • (b) a candidate;

  • (c) an auditor appointed as required by this Act;

  • (d) subject to subsection (1), a person who is not an elector;

  • (e) an undischarged bankrupt; and

  • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

Marginal note:Auditor — eligibility

• 398 (1) Only the following are eligible to be an auditor for a registered party or an eligible party:

  • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or

  • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

• Marginal note:Auditor — ineligibility

  (2) The following persons are ineligible to be an auditor:

  • (a) an election officer or a member of the staff of a returning officer;

  • (b) a candidate or their official agent;

  • (c) an officer of a registered party or an eligible party;

  • (d) a chief agent of a registered party or an eligible party;

  • (e) a registered agent of a registered party;

  • (f) an electoral district agent of a registered association;

  • (g) a nomination contestant or their financial agent;

  • (h) a leadership contestant or their leadership campaign agent; and

  • (i) a financial agent of a registered third party.