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

Full Document:  

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

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

DIVISION 3Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns (continued)

Marginal note:Prohibition — false, misleading or incomplete document

 No third party shall file under subsection 359(1) a third-party expenses return that

  • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under section 359.

  • 2018, c. 31, s. 235

Marginal note:Auditor’s report

  •  (1) If a third party incurs partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses in an aggregate amount of $10,000 or more, its third-party expenses return filed under subsection 359(1) shall include a report made under subsection (2).

  • Marginal note:Auditor’s report

    (2) The third party’s auditor shall report on the third-party expenses return and shall make any examination that will enable the auditor to give an opinion in the report as to whether the return 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 third-party expenses return that is the subject of the 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 third party’s documents that, in the auditor’s opinion, are necessary to enable the auditor to prepare the report, 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.

  • 2000, c. 9, s. 360
  • 2018, c. 31, s. 236

Marginal note:Minor corrections — Chief Electoral Officer

  •  (1) The Chief Electoral Officer may correct a third-party expenses return filed under subsection 359(1) if the correction does not materially affect its substance.

  • Marginal note:Corrections or revisions at request of Chief Electoral Officer

    (2) The Chief Electoral Officer may in writing request a third party to correct or revise, within a specified period, a third-party expenses return filed under subsection 359(1).

  • Marginal note:Deadline for correction or revision

    (3) If the Chief Electoral Officer requests a correction or revision, the third party shall provide him or her with the corrected or revised version of the return within the specified period.

  • 2000, c. 9, s. 361
  • 2018, c. 31, s. 237

Marginal note:Extensions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a third party, shall authorize the extension of the period referred to in subsection 359(1) unless he or she is satisfied that the third party’s failure to file the third-party expenses return under that subsection was deliberate or was the result of the third party’s failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 359(1) or within two weeks after the end of that period.

  • 2018, c. 31, s. 237

Marginal note:Corrections or revisions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a third party, shall authorize the correction or revision of a third-party expenses return filed under subsection 359(1) if he or she is satisfied by the evidence submitted by the third party 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 third party becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The third party shall provide the Chief Electoral Officer with the corrected or revised version of the return 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 third party 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 third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the third party 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 third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

  • 2018, c. 31, s. 237

Marginal note:Extensions, corrections or revisions — judge

  •  (1) A third party may apply to a judge for an order

    • (a) relieving the third party from the obligation to comply with a request referred to in subsection 361(2);

    • (b) authorizing an extension referred to in subsection 361.1(1); or

    • (c) authorizing a correction or revision referred to in subsection 361.2(1).

    The third party 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 the specified period referred to in subsection 361(2) or within the two weeks after the end of that period;

    • (b) under paragraph (1)(b), 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 361.1(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 361.1, or

      • (iii) the end of the extended period referred to in subsection 361.1(1); or

    • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 361.2.

  • Marginal note:Grounds — extension

    (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the third party’s failure to file the required third-party expenses return was deliberate or was the result of the third party’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 third party 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 third party satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2018, c. 31, s. 237

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;

  • (a.1) publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);

  • (b) publish, within one year after the issue of the writ, returns filed under subsection 359(1); and

  • (c) publish, as soon as feasible, a corrected or revised version of a return filed under subsection 359(1) and published under paragraph (b).

  • 2000, c. 9, s. 362
  • 2018, c. 31, s. 238
 
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