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

Full Document:  

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

PART 18Financial Administration (continued)

DIVISION 1.1Regulated Fundraising Events (continued)

Contributions

Marginal note:Return of contributions

 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution in respect of a regulated fundraising event in respect of which section 384.2 or 384.3 is not complied with, 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 non-compliance, 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.

  • 2018, c. 20, s. 2.

Corrections, Revisions and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer

 The Chief Electoral Officer may correct a report referred to in subsection 384.3(1), (6) or (8) if the correction does not materially affect its substance.

  • 2018, c. 20, s. 2.

Marginal note:Extensions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the extension of the period referred to in subsection 384.3(6.1) or (8.1) unless he or she is satisfied that the chief agent’s failure to provide the report was deliberate or was the result of the chief agent’s failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 384.3(6.1) or (8.1) or within two weeks after the end of that period.

  • 2018, c. 20, s. 2.

Marginal note:Corrections or revisions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the correction or revision of a report referred to in subsection 384.3(1), (6) or (8) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the report within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the report was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the report was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • 2018, c. 20, s. 2.

Marginal note:Extensions, corrections or revisions — judge

  •  (1) The chief agent of a registered party or, if the chief agent is absent or unable to perform their duties, its leader, may apply to a judge for an order

    • (a) authorizing an extension referred to in subsection 384.6(1); or

    • (b) authorizing a correction or revision referred to in subsection 384.7(1).

    The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 384.6(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 384.6, or

      • (iii) the end of the extended period referred to in subsection 384.6(1); or

    • (b) under paragraph (1)(b), within two weeks after the rejection of an application for a correction or revision made in accordance with section 384.7.

  • Marginal note:Grounds — extension

    (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the chief agent’s failure to provide the required report was deliberate or was the result of the chief agent’s failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (5) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2018, c. 20, s. 2.

DIVISION 2Political Parties

SUBDIVISION ARegistration of Political Parties

Application for Registration

Marginal note:Application for registration

  •  (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.

  • Marginal note:Contents of application

    (2) The application for registration shall include

    • (a) the political party’s full name;

    • (b) the party’s short-form name, or its abbreviation, if any, that is to be shown in election documents;

    • (c) the party’s logo, if any;

    • (d) the name and address of the party’s leader and a copy of the party’s resolution to appoint the leader, certified by the leader and another officer of the party;

    • (e) the address of the party’s office where records are maintained and to which communications may be addressed;

    • (f) the names and addresses of the party’s officers and their signed consent to act in that capacity;

    • (g) the name and address of the party’s auditor and their signed consent to act in that capacity;

    • (h) the name and address of the party’s chief agent and their signed consent to act in that capacity;

    • (i) the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party and support the party’s application for registration; and

    • (j) the leader’s declaration in the prescribed form that, having considered all of the factors — including those described in subsection 521.1(5) — relevant to determining the party’s purposes, one of the party’s fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election.

  • Marginal note:Additional information

    (3) To confirm that the purpose referred to in paragraph (2)(j) is one of the party’s fundamental purposes, the Chief Electoral Officer may ask the party’s leader to provide any relevant information, including information about the factors described in subsection 521.1(5).

  • 2000, c. 9, s. 385;
  • 2003, c. 19, s. 13;
  • 2004, c. 24, s. 16;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Withdrawal of application

 A leader who has made an application under subsection 385(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.

  • 2000, c. 9, s. 386;
  • 2003, c. 19, s. 14;
  • 2014, c. 12, s. 86.

Marginal note:Eligibility for registration

 A political party whose leader has made an application under subsection 385(1) becomes eligible for registration if

  • (a) its name, short-form name, abbreviation or logo does not

    • (i) so resemble the name, short-form name, abbreviation or logo of a registered party or an eligible party that it would, in the Chief Electoral Officer’s opinion, likely be confused with it, or

    • (ii) include the word “independent” or a word that so resembles “independent” that it would, in the Chief Electoral Officer’s opinion, likely be confused with it;

  • (b) the party has at least three officers in addition to its leader and has appointed a chief agent and an auditor; and

  • (c) the Chief Electoral Officer is satisfied that the party has provided the information required under subsection 385(2) and that the information is accurate.

  • 2000, c. 9, s. 387;
  • 2003, c. 19, s. 15;
  • 2014, c. 12, s. 86.
 
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