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

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Act current to 2018-12-12 and last amended on 2016-01-01. Previous Versions

PART 17Third Party Election Advertising (continued)

Marginal note:Election advertising report

  •  (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.

  • Marginal note:Contributions

    (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.

  • Marginal note:Loans

    (5) For the purpose of subsection (4), a contribution includes a loan.

  • Marginal note:Categories

    (6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

    • (a) individuals;

    • (b) businesses;

    • (c) commercial organizations;

    • (d) governments;

    • (e) trade unions;

    • (f) corporations without share capital other than trade unions; and

    • (g) unincorporated organizations or associations other than trade unions.

  • 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.

  • Marginal note:Declaration

    (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

  •  (1) The election advertising report of a third party that incurs $5,000 or more in election advertising expenses must include a report made under subsection (2).

  • 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.

  • Marginal note:Statement

    (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

 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.

Marginal note:Publication

 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

Contributions

Marginal note:Prohibition — ineligible contributors

  •  (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.

Marginal note:Contributions — inclusions and exclusions

  •  (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.

  • Marginal note:Exclusion for goods and services — registered parties, registered associations and candidates

    (2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;

    • (b) from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;

    • (c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);

    • (d) from a candidate endorsed by a registered party to the party or a registered association of the party;

    • (e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

    • (f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

  • Marginal note:Exclusion for funds — registered parties, registered associations and candidates

    (3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to an electoral district association of the party;

    • (b) from a registered association to the registered party with which it is affiliated or another registered association of the party;

    • (c) from a candidate endorsed by a registered party to the party or a registered association of the party;

    • (d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

    • (e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

  • Marginal note:Exclusion for funds other than trust funds — registered parties and registered associations

    (4) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to a candidate endorsed by the party; or

    • (b) from a registered association to a candidate endorsed by the registered party with which the association is affiliated.

  • Marginal note:Exclusion for funds — nomination contestants, leadership contestants and registered parties

    (5) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;

    • (b) from a leadership contestant of a registered party to the party or a registered association of the party; or

    • (c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).

  • Marginal note:Exclusion — paid leave of absence

    (6) The provision by an employer of a paid leave of absence to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.

  • Marginal note:Exclusion — membership fees

    (7) The payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.

  • Marginal note:Contribution

    (8) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual or biennial convention or leadership convention of a particular registered party is a contribution to that party.

  • 2000, c. 9, s. 364;
  • 2014, c. 12, s. 86.
 
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