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

Full Document:  

Act current to 2019-06-20 and last amended on 2019-06-13. Previous Versions

PART 17Third Party Advertising, Partisan Activities and Election Surveys (continued)

DIVISION 1Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period (continued)

Marginal note:Advertising to name third party

 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any partisan advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.

  • 2018, c. 31, s. 223

Marginal note:Registration requirement for third parties

  •  (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

    However, the third party may not register before the beginning of the pre-election period.

  • 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 declaration 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 declaration that the corporation carries on business in Canada;

    • (c) 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 declaration that

    • (d) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

    • (e) 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) shall 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 shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, partisan advertising expenses and election survey 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 Chief Electoral Officer’s opinion, is likely to be confused with the name of a registered party or eligible party, a potential candidate, a nomination contestant, a candidate, a leadership contestant, a leader of a registered party or eligible party or a registered third party.

  • Marginal note:Registration ends

    (8) Subject to subsection 353(1.1), the registration of a third party is valid only for the pre-election period during which the application is made, but the third party continues to be subject to this Part.

  • 2018, c. 31, s. 223

Marginal note:Appointment of financial agent

  •  (1) A third party that is required to register under subsection 349.6(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) an election officer or a member of the staff of a returning officer;

    • (b) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

    • (c) the chief agent of a registered party or eligible party;

    • (d) a registered agent of a registered party;

    • (e) a nomination contestant or their financial agent;

    • (f) a leadership contestant or their leadership campaign agent; and

    • (g) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

  • 2018, c. 31, s. 223

Marginal note:Requirement to appoint auditor

  •  (1) A third party that is required to register under subsection 349.6(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

  • 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:Auditor — ineligible persons

    (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 349.6(2);

    • (c) an election officer or a member of the staff of a returning officer;

    • (d) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

    • (e) the chief agent of a registered party or eligible party;

    • (f) a registered agent of a registered party;

    • (g) a nomination contestant or their financial agent; and

    • (h) a leadership contestant or their leadership campaign agent.

  • Marginal note:Notification of appointment

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

  • Marginal note:New auditor

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

  • 2018, c. 31, s. 223
 
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