PART 17Third Party Election Advertising (continued)
Marginal note:Prohibition — use of foreign contributions
358 No third party shall use a contribution for election advertising purposes if the contribution is from
(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
Marginal note:Election advertising report
359 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an election advertising report in the prescribed form with the Chief Electoral Officer within four months after polling day.
Marginal note:Contents of report
(2) An election advertising report shall contain
(a) in the case of a general election,
(i) a list of election advertising expenses referred to in subsection 350(2) and the time and place of the broadcast or publication of the advertisements to which the expenses relate, and
(ii) a list of all election advertising expenses other than those referred to in subparagraph (i) and the time and place of broadcast or publication of the advertisements to which the expenses relate; and
(b) in the case of a by-election, a list of election advertising expenses referred to in subsection 350(4) and the time and place of the broadcast or publication of the advertisements to which the expenses relate.
Marginal note:When no expenses
(3) If a third party has not incurred expenses referred to in paragraph (2)(a) or (b), that fact shall be indicated in its election advertising report.
(4) The election advertising report shall include
(a) the amount, by class of contributor, of contributions for election advertising purposes that were received in the period beginning six months before the issue of the writ and ending on polling day;
(b) for each contributor who made contributions of a total amount of more than $200 for election advertising purposes during the period referred to in paragraph (a), subject to paragraph (b.1), their name, address and class, and the amount and date of each contribution;
(b.1) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and
(c) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds for election advertising expenses.
(5) For the purpose of subsection (4), a contribution includes a loan.
(6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:
Marginal note:Names must be provided
(7) If the third party is unable to identify which contributions were received for election advertising purposes in the period referred to in paragraph (4)(a), it must list, subject to paragraph (4)(b.1), the names and addresses of every contributor who donated a total of more than $200 to it during that period.
(8) An election advertising report shall include the signed declarations of the financial agent and, if different, of the person who signed the application made under subsection 353(2) that the report is accurate.
Marginal note:Bills, receipts
(9) A third party shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt in relation to an election advertising expense that is in an amount of more than $50.
- 2000, c. 9, s. 359
- 2001, c. 21, s. 20
Marginal note:Auditor’s report
Marginal note:Auditor’s report
(2) The third party’s auditor shall report on the election advertising report and shall make any examination that will enable the auditor to give an opinion in the report as to whether the election advertising report presents fairly the information contained in the accounting records on which it is based.
(3) An auditor shall include in the report any statement that the auditor considers necessary, when
(a) the election advertising report that is the subject of the auditor’s report does not present fairly the information contained in the accounting records on which it is based;
(b) the auditor has not received from the third party all of the required information and explanation; or
(c) based on the auditor’s examination, it appears that proper accounting records have not been kept by the third party.
Marginal note:Right of access
(4) The auditor shall have access at any reasonable time to all of the documents of the third party, and may require the third party to provide any information or explanation, that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.
Marginal note:Corrections to election expenses report
361 The Chief Electoral Officer may make a correction in a report referred to in subsection 359(1) if the error does not materially affect the substance of the report.
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; and
(b) publish, within one year after the issue of the writ, reports made under subsection 359(1).
PART 18Financial Administration
DIVISION 1General Financial Provisions
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).
- 2000, c. 9, s. 363
- 2014, c. 12, s. 86
- Date modified: