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

Contributions

Marginal note:Return of contributions

384.4 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution in respect of a regulated fundraising event in respect of which section 384.2 or 384.3 is not complied with, 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 non-compliance, 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.

Corrections, Revisions and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer

384.5 The Chief Electoral Officer may correct a report referred to in subsection 384.3(1), (6) or (8) if the correction does not materially affect its substance.

Marginal note:Extensions — Chief Electoral Officer

• 384.6 (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the extension of the period referred to in subsection 384.3(6.1) or (8.1) unless he or she is satisfied that the chief agent’s failure to provide the report was deliberate or was the result of the chief agent’s failure to exercise due diligence.

• Marginal note:Deadline

  (2) The application may be made within the period referred to in subsection 384.3(6.1) or (8.1) or within two weeks after the end of that period.

Marginal note:Corrections or revisions — Chief Electoral Officer

• 384.7 (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the correction or revision of a report referred to in subsection 384.3(1), (6) or (8) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

• Marginal note:Application made without delay

  (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.

• Marginal note:Deadline for corrections or revisions

  (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the report within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

• Marginal note:New deadline

  (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the report was deliberate or was the result of the applicant’s failure to exercise due diligence.

• Marginal note:Extension of new deadline

  (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the report was deliberate or was the result of the applicant’s failure to exercise due diligence.

Marginal note:Extensions, corrections or revisions — judge

• 384.8 (1) The chief agent of a registered party or, if the chief agent is absent or unable to perform their duties, its leader, may apply to a judge for an order

  • (a) authorizing an extension referred to in subsection 384.6(1); or

  • (b) authorizing a correction or revision referred to in subsection 384.7(1).

  The applicant shall notify the Chief Electoral Officer that the application has been made.

• Marginal note:Deadline

  (2) The application may be made

  • (a) under paragraph (1)(a), within two weeks after, as the case may be,

    • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 384.6(2), the end of the two-week period referred to in that subsection,

    • (ii) the rejection of an application for an extension made in accordance with section 384.6, or

    • (iii) the end of the extended period referred to in subsection 384.6(1); or

  • (b) under paragraph (1)(b), within two weeks after the rejection of an application for a correction or revision made in accordance with section 384.7.

• Marginal note:Grounds — extension

  (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the chief agent’s failure to provide the required report was deliberate or was the result of the chief agent’s failure to exercise due diligence.

• Marginal note:Grounds — corrections or revisions

  (4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

• Marginal note:Contents of order

  (5) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

DIVISION 2Political Parties

SUBDIVISION ARegistration of Political Parties

Application for Registration

Marginal note:Application for registration

• 385 (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.

• Marginal note:Contents of application

  (2) The application for registration shall include

  • (a) the political party’s full name;

  • (b) the party’s short-form name, or its abbreviation, if any, that is to be shown in election documents;

  • (c) the party’s logo, if any;

  • (d) the name and address of the party’s leader and a copy of the party’s resolution to appoint the leader, certified by the leader and another officer of the party;

  • (e) the address of the party’s office where records are maintained and to which communications may be addressed;

  • (f) the names and addresses of the party’s officers and their signed consent to act in that capacity;

  • (g) the name and address of the party’s auditor and their signed consent to act in that capacity;

  • (h) the name and address of the party’s chief agent and their signed consent to act in that capacity;

  • (i) the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party and support the party’s application for registration;

  • (j) the leader’s declaration in the prescribed form that, having considered all of the factors — including those described in subsection 521.1(5) — relevant to determining the party’s purposes, one of the party’s fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election;

  • (k) the party’s policy for the protection of personal information, including

    • (i) a statement indicating the types of personal information that the party collects and how it collects that information,

    • (ii) a statement indicating how the party protects personal information under its control,

    • (iii) a statement indicating how the party uses personal information under its control and under what circumstances that personal information may be sold to any person or entity,

    • (iv) a statement indicating the training concerning the collection and use of personal information to be given to any employee of the party who could have access to personal information under the party’s control,

    • (v) a statement indicating the party’s practices concerning

      • (A) the collection and use of personal information created from online activity, and

      • (B) its use of cookies, and

    • (vi) the name and contact information of a person to whom concerns regarding the party’s policy for the protection of personal information can be addressed; and

  • (l) the address of the page — accessible to the public — on the party’s Internet site where its policy for the protection of personal information is published under subsection (4).

• Marginal note:Short-form name

  (2.1) The Chief Electoral Officer may establish a maximum length for a political party’s short-form name that is to be shown in election documents.

• Marginal note:Additional information

  (3) To confirm that the purpose referred to in paragraph (2)(j) is one of the party’s fundamental purposes, the Chief Electoral Officer may ask the party’s leader to provide any relevant information, including information about the factors described in subsection 521.1(5).

• Marginal note:Publication of policy for the protection of personal information

  (4) A political party shall publish on its Internet site its policy for the protection of personal information referred to in paragraph (2)(k) before its leader applies under this section for the party to become a registered party.

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.

385.2 [Repealed, 2014, c. 12, s. 86]

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.