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

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Act current to 2019-02-28 and last amended on 2019-01-19. Previous Versions

PART 17Third Party Election Advertising (continued)

Marginal note:Clarification

 For greater certainty, for the purposes of subsections 350(1) and (4) and section 351.1 if election advertising is transmitted during an election period, it shall be considered an election advertising expense, regardless of when it was incurred.

  • 2014, c. 12, s. 78.1.

Marginal note:Advertising must name third party

 A third party shall identify itself in any election advertising placed by it and indicate that it has authorized the advertising.

Marginal note:Registration requirement for third parties

  •  (1) Subject to section 351.1, a third party shall register immediately after having incurred election advertising expenses of a total amount of $500 and may not register before the issue of the writ.

  • Marginal note:Application for registration

    (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

    • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their certification that

    • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their certification that the corporation carries on business in Canada;

    • (b.1) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their certification that

    • (c) the address and telephone number of the office of the third party where its books and records are kept and of the office to which communications may be addressed; and

    • (d) the name, address and telephone number of the third party’s financial agent.

  • Marginal note:Declaration of financial agent to accompany application

    (3) An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.

  • Marginal note:New financial agent

    (4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

  • Marginal note:Trade union or corporation

    (5) If the third party is a trade union, corporation or other entity with a governing body, the application must include a copy of the resolution passed by its governing body authorizing it to incur election advertising expenses.

  • Marginal note:Examination of application

    (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

  • Marginal note:Application rejected

    (7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, registered party, registered third party or eligible party.

  • Marginal note:Registration ends

    (8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file an election advertising report under subsection 359(1).

  • 2000, c. 9, s. 353;
  • 2014, c. 12, s. 79.

Marginal note:Appointment of financial agent

  •  (1) A third party that is required to register under subsection 353(1) shall appoint a financial agent who may be a person who is authorized to sign an application for registration made under that subsection.

  • Marginal note:Financial agent — ineligible persons

    (2) The following persons are not eligible to be a financial agent of a third party:

    • (a) a candidate or an official agent of a candidate;

    • (b) a person who is the chief agent, or a registered agent, of a registered party;

    • (c) an election officer or an employee of a returning officer; and

    • (d) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

  • 2000, c. 9, s. 354;
  • 2001, c. 27, s. 212.

Marginal note:Requirement to appoint auditor

  •  (1) A third party that incurs election advertising expenses in an aggregate amount of $5,000 or more must appoint an auditor without delay.

  • Marginal note:Eligibility criteria

    (2) The following are eligible to be an auditor for a third party:

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

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

  • Marginal note:Ineligibility criteria

    (3) The following persons are not eligible to be an auditor for a third party:

    • (a) the third party’s financial agent;

    • (b) a person who signed the application made under subsection 353(2);

    • (c) an election officer;

    • (d) a candidate;

    • (e) the official agent of a candidate;

    • (f) the chief agent of a registered party or an eligible party; and

    • (g) a registered agent of a registered party.

  • Marginal note:Notification of appointment

    (4) Every third party, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

  • Marginal note:New auditor

    (5) If a third party’s auditor is replaced, it must, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

Marginal note:Registry of third parties

 The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of third parties in which is recorded, in relation to each third party, the information referred to in subsections 353(2) and 355(4) and (5).

Marginal note:Authorization by financial agent for expenses, etc.

  •  (1) Every contribution made during an election period to a registered third party for election advertising purposes must be accepted by, and every election advertising expense incurred on behalf of a third party must be authorized by, its financial agent.

  • Marginal note:Delegation

    (2) A financial agent may authorize a person to accept contributions or incur election advertising expenses, but that authorization does not limit the responsibility of the financial agent.

  • Marginal note:Prohibited use of certain contributions

    (3) No third party shall use a contribution for election advertising if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) they fall.

Marginal note:Prohibition — use of foreign contributions

 No third party shall use a contribution for election advertising purposes if the contribution is from

  • (a) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) a corporation or an association that does not carry on business in Canada;

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

  • (d) a foreign political party; or

  • (e) a foreign government or an agent of one.

  • 2000, c. 9, s. 358;
  • 2001, c. 27, s. 213.
 
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