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

Full Document:  

Act current to 2022-09-22 and last amended on 2021-06-29. Previous Versions

PART 18Financial Administration (continued)

DIVISION 2Political Parties (continued)

SUBDIVISION ARegistration of Political Parties (continued)

Marginal note:Procedure for non-voluntary deregistration

  •  (1) If the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to perform any obligation referred to in section 412 or 413, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of political parties that the party or officer must

    • (a) rectify the omission by the discharge of that obligation,

      • (i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 406(1), or

      • (ii) within 30 days after receipt of the notice, in any other case; or

    • (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.

  • Marginal note:Extension or exemption

    (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by

    • (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 412 or 413; or

    • (b) specifying a period for compliance with the obligations referred to in subparagraph (1)(a)(i) or (ii), as the case may be.

  • Marginal note:Deregistration

    (3) The Chief Electoral Officer may deregister a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).

  • 2000, c. 9, s. 415
  • 2014, c. 12, s. 86

Marginal note:Notice of deregistration

  •  (1) If the Chief Electoral Officer proposes to deregister a registered party under section 414 or subsection 415(3), he or she shall, in writing, so notify the party and its registered associations.

  • Marginal note:Date of deregistration

    (2) The notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.

  • Marginal note:Proof of service

    (3) The notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.

  • 2000, c. 9, s. 416
  • 2003, c. 19, s. 31
  • 2014, c. 12, s. 86

Marginal note:Effect of deregistration of registered party

 If a registered party is deregistered, its registered associations are also deregistered.

  • 2000, c. 9, s. 417
  • 2014, c. 12, s. 86

Marginal note:Notice of deregistration

  •  (1) The Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette.

  • Marginal note:Entry of deregistration in registry of political parties

    (2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of political parties.

  • 2000, c. 9, s. 418
  • 2014, c. 12, s. 86

Marginal note:Continuation of registered status for limited purpose

 A registered party that is deregistered continues to have the obligations of a registered party for the purpose of section 420.

  • 2000, c. 9, s. 419
  • 2014, c. 12, s. 86

Marginal note:Fiscal period and returns

 The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with

  • (a) the documents referred to in subsection 432(1) for

    • (i) the portion of its current fiscal period ending on the day of its deregistration, and

    • (ii) any earlier fiscal period for which those documents have not already been provided under that subsection; and

  • (b) the documents referred to in subsection 437(1), for any general election for which those documents have not already been provided under that subsection.

  • 2000, c. 9, s. 420
  • 2014, c. 12, s. 86
Merger of Registered Parties

Marginal note:Application for merger

  •  (1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a merged registered party.

  • Marginal note:Contents

    (2) An application to merge two or more registered parties shall

    • (a) be certified by the leaders of the merging parties;

    • (b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and

    • (c) contain the information required from a political party to become a registered party, except for the information referred to in paragraph 385(2)(i).

  • 2000, c. 9, s. 421
  • 2014, c. 12, s. 86

Marginal note:Registration for eligible merged parties

  •  (1) The Chief Electoral Officer shall amend the registry of political parties by replacing the names of the merging parties with the name of the merged party if

    • (a) the application for the merger was not made in the period referred to in subsection 421(1); and

    • (b) he or she is satisfied that

      • (i) the merged party is eligible for registration under this Act, and

      • (ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.

  • Marginal note:Notice

    (2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of political parties is to be amended under subsection (1).

  • Marginal note:Notice in Canada Gazette

    (3) If the Chief Electoral Officer amends the registry of political parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party.

  • 2000, c. 9, s. 422
  • 2003, c. 19, s. 32
  • 2014, c. 12, s. 86

Marginal note:Effective date of merger

  •  (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of political parties under subsection 422(1).

  • Marginal note:Consequences of merger

    (2) On the merger of two or more registered parties,

    • (a) the merged party is the successor of each merging party;

    • (b) the merged party becomes a registered party;

    • (c) the assets of each merging party are transferred to the merged party;

    • (d) the merged party is responsible for the liabilities of each merging party;

    • (e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;

    • (f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and

    • (g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.

  • Marginal note:Effect of merger on registered associations

    (3) On the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 447(c), may transfer goods or funds to the merged party or a registered association of the merged party in the six months immediately after the merger. Any such transfer is not a contribution for the purposes of this Act.

  • 2000, c. 9, s. 423
  • 2014, c. 12, s. 86

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Returns

 Within six months after a merger

  • (a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 432(1) for

    • (i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and

    • (ii) any earlier fiscal period for which those documents have not been provided; and

  • (b) the merged party shall provide the Chief Electoral Officer with

    • (i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,

    • (ii) a report on that statement made by the merged 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 was based, and

    • (iii) a declaration in the prescribed form by the chief agent of the merged party that the statement is complete and accurate.

  • 2000, c. 9, s. 424
  • 2003, c. 19, s. 34
  • 2014, c. 12, s. 86

 [Repealed, 2014, c. 12, s. 86]

SUBDIVISION BFinancial Administration of Registered Parties

General

Marginal note:Duty of chief agent

 The chief agent of a registered party is responsible for administering its financial transactions and for reporting on them in accordance with this Act.

  • 2000, c. 9, s. 425
  • 2003, c. 19, s. 35
  • 2006, c. 9, s. 50
  • 2014, c. 12, s. 86

Marginal note:Prohibition — paying expenses

  •  (1) No person or entity, other than a registered agent of a registered party or a person authorized under subsection 381(1), shall pay the registered party’s expenses.

  • Marginal note:Prohibition — incurring expenses

    (2) Subject to section 348.02, no person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.

  • Marginal note:Expenses incurred by registered agent other than chief agent

    (2.1) Despite subsection (2), a registered agent — other than the chief agent — of a registered party shall, before incurring the party’s expenses, obtain the written authorization of the chief agent to incur those expenses, and shall incur them only in accordance with that authorization.

  • Marginal note:Prohibition — accepting contributions, borrowing

    (3) No person or entity, other than a registered agent of a registered party, shall accept contributions to the registered party or borrow money on its behalf.

  • Marginal note:Prohibition — accepting or providing goods, services or funds

    (4) No person or entity, other than a registered agent of a registered party, shall, on behalf of the registered party,

    • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

    • (b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.

Recovery of Claims for Debts

Marginal note:Claim for payment

 A person who has a claim to be paid for a debt of a registered party shall send the invoice or other document evidencing the claim to the registered party or one of its registered agents.

  • 2000, c. 9, s. 427
  • 2014, c. 12, s. 86

Marginal note:Payment within three years

 If a claim for an expense is evidenced by an invoice or other document that has been sent under section 427, the claim shall be paid within three years after the day on which payment of it is due.

  • 2000, c. 9, s. 428
  • 2014, c. 12, s. 86

Marginal note:Proceedings to recover payment

 A person who has sent an invoice or other document evidencing a claim under section 427 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the registered agent refuses to pay that amount or disputes that it is payable; or

  • (b) after the end of the period referred to in section 428, in any other case.

  • 2000, c. 9, s. 429
  • 2014, c. 12, s. 86
Maximum Partisan Advertising Expenses

Marginal note:Maximum partisan advertising expenses

  •  (1) The maximum amount that is allowed for partisan advertising expenses of a registered party for a pre-election period is $1,400,000.

  • Marginal note:Inflation adjustment factor

    (2) The amount referred to in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

Marginal note:Prohibition — partisan advertising expenses more than maximum amount

  •  (1) No chief agent of a registered party shall incur partisan advertising expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 429.1.

  • Marginal note:Prohibition — circumventing maximum amount

    (2) No registered party shall circumvent, or attempt to circumvent, that maximum amount in any manner, including by acting in collusion with a potential candidate for the purpose of his or her engaging in partisan advertising so that the combined total of the following exceeds the maximum amount:

    • (a) the potential candidate’s partisan advertising expenses that relate to the partisan advertising engaged in in collusion with the party; and

    • (b) the party’s partisan advertising expenses.

  • Marginal note:Prohibition — collusion by third party

    (3) No third party, within the meaning of paragraph (a.1) of the definition third party in section 349, shall act in collusion with a registered party for the purpose of the registered party’s circumventing that maximum amount.

 
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