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

Merger of Registered Parties

Marginal note:Application for merger

• 421 (1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a merged registered party.

• Marginal note:Contents

  (2) An application to merge two or more registered parties shall

  • (a) be certified by the leaders of the merging parties;

  • (b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and

  • (c) contain the information required from a political party to become a registered party, except for the information referred to in paragraph 385(2)(i).

Marginal note:Registration for eligible merged parties

• 422 (1) The Chief Electoral Officer shall amend the registry of political parties by replacing the names of the merging parties with the name of the merged party if

  • (a) the application for the merger was not made in the period referred to in subsection 421(1); and

  • (b) he or she is satisfied that

    • (i) the merged party is eligible for registration under this Act, and

    • (ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.

• Marginal note:Notice

  (2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of political parties is to be amended under subsection (1).

• Marginal note:Notice in Canada Gazette

  (3) If the Chief Electoral Officer amends the registry of political parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party.

Marginal note:Effective date of merger

• 423 (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of political parties under subsection 422(1).

• Marginal note:Consequences of merger

  (2) On the merger of two or more registered parties,

  • (a) the merged party is the successor of each merging party;

  • (b) the merged party becomes a registered party;

  • (c) the assets of each merging party are transferred to the merged party;

  • (d) the merged party is responsible for the liabilities of each merging party;

  • (e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;

  • (f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and

  • (g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.

• Marginal note:Effect of merger on registered associations

  (3) On the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 447(c), may transfer goods or funds to the merged party or a registered association of the merged party in the six months immediately after the merger. Any such transfer is not a contribution for the purposes of this Act.

423.1 [Repealed, 2014, c. 12, s. 86]

Marginal note:Returns

424 Within six months after a merger

• (a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 432(1) for

  • (i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and

  • (ii) any earlier fiscal period for which those documents have not been provided; and

• (b) the merged party shall provide the Chief Electoral Officer with

  • (i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,

  • (ii) a report on that statement made by the merged party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and

  • (iii) a declaration in the prescribed form by the chief agent of the merged party that the statement is complete and accurate.

424.1 [Repealed, 2014, c. 12, s. 86]

SUBDIVISION BFinancial Administration of Registered Parties

General

Marginal note:Duty of chief agent

425 The chief agent of a registered party is responsible for administering its financial transactions and for reporting on them in accordance with this Act.

Marginal note:Prohibition — paying expenses

• 426 (1) No person or entity, other than a registered agent of a registered party or a person authorized under subsection 381(1), shall pay the registered party’s expenses.

• Marginal note:Prohibition — incurring expenses

  (2) Subject to section 348.02, no person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.

• Marginal note:Expenses incurred by registered agent other than chief agent

  (2.1) Despite subsection (2), a registered agent — other than the chief agent — of a registered party shall, before incurring the party’s expenses, obtain the written authorization of the chief agent to incur those expenses, and shall incur them only in accordance with that authorization.

• Marginal note:Prohibition — accepting contributions, borrowing

  (3) No person or entity, other than a registered agent of a registered party, shall accept contributions to the registered party or borrow money on its behalf.

• Marginal note:Prohibition — accepting or providing goods, services or funds

  (4) No person or entity, other than a registered agent of a registered party, shall, on behalf of the registered party,

  • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

  • (b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.

Recovery of Claims for Debts

Marginal note:Claim for payment

427 A person who has a claim to be paid for a debt of a registered party shall send the invoice or other document evidencing the claim to the registered party or one of its registered agents.

Marginal note:Payment within three years

428 If a claim for an expense is evidenced by an invoice or other document that has been sent under section 427, the claim shall be paid within three years after the day on which payment of it is due.

Marginal note:Proceedings to recover payment

429 A person who has sent an invoice or other document evidencing a claim under section 427 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

• (a) at any time, if the registered agent refuses to pay that amount or disputes that it is payable; or

• (b) after the end of the period referred to in section 428, in any other case.

Maximum Partisan Advertising Expenses

Marginal note:Maximum partisan advertising expenses

• 429.1 (1) The maximum amount that is allowed for partisan advertising expenses of a registered party for a pre-election period is $1,400,000.

• Marginal note:Inflation adjustment factor

  (2) The amount referred to in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

Marginal note:Prohibition — partisan advertising expenses more than maximum amount

• 429.2 (1) No chief agent of a registered party shall incur partisan advertising expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 429.1.

• Marginal note:Prohibition — circumventing maximum amount

  (2) No registered party shall circumvent, or attempt to circumvent, that maximum amount in any manner, including by acting in collusion with a potential candidate for the purpose of his or her engaging in partisan advertising so that the combined total of the following exceeds the maximum amount:

  • (a) the potential candidate’s partisan advertising expenses that relate to the partisan advertising engaged in in collusion with the party; and

  • (b) the party’s partisan advertising expenses.

• Marginal note:Prohibition — collusion by third party

  (3) No third party, within the meaning of paragraph (a.1) of the definition third party in section 349, shall act in collusion with a registered party for the purpose of the registered party’s circumventing that maximum amount.

Marginal note:Message to be authorized

429.3 A registered party, or a person acting on its behalf, that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the party’s registered agents.

Maximum Election Expenses

Marginal note:Maximum election expenses

• 430 (1) The maximum amount that is allowed for election expenses of a registered party for an election is the product of

  • (a) $0.735 multiplied by the number of names on the preliminary lists of electors for electoral districts in which the registered party has endorsed a candidate or by the number of names on the revised lists of electors for those electoral districts, whichever is greater, and

  • (b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election.

• Marginal note:Maximum expenses: postponement of polling day

  (2) If the Governor in Council orders the postponement of an election under subsection 59(4) for one or more electoral districts, along with the corresponding extension of the election period, then the maximum amount calculated under subsection (1) for a registered party that has endorsed a candidate in that or any of those electoral districts is increased by adding to it the product of

  • (a) $0.735 multiplied by the number of names on the preliminary list of electors in the electoral districts governed by the order in which the party has endorsed a candidate, or the number of names on the revised list of electors in those electoral districts, whichever is greater, and divided by the number of days in the election period before it was extended;

  • (b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election; and

  • (c) the number of days by which the election period is extended.

• Marginal note:Amounts not included in election expenses

  (3) For the purpose of subsections (1) and (2), an election expense of a registered party does not include

  • (a) a transfer made by or on behalf of it to candidates in the election; or

  • (b) an expense incurred by it through a registered agent, or person authorized under subsection 381(1), who was not acting within the scope of the registered agent’s authority.