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

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

PART 18Financial Administration (continued)

DIVISION 2Political Parties (continued)

SUBDIVISION ARegistration of Political Parties (continued)

Deregistration of Registered Parties

Marginal note:Deregistration — no candidates

 The Chief Electoral Officer shall, effective on the expiry in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election.

  • 2000, c. 9, s. 409;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Deregistration — officers or members

  •  (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 395(1) or section 402, he or she shall, in writing, notify the party that it is required to

    • (a) show its compliance with subsection 395(1) within 60 days after the day on which the party receives the notice; or

    • (b) show its compliance with section 402 within 90 days after the day on which the party receives the notice.

  • Marginal note:Extension

    (2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 395(1) or section 402 within the time set out in the notice, he or she may, in writing, notify the party that it has another period of up to 60 or 90 days, as the case may be, in which to comply.

  • Marginal note:Deregistration

    (3) The Chief Electoral Officer shall deregister a registered party if it fails to comply with a notice under subsection (1) or (2), as the case may be.

  • 2000, c. 9, s. 410;
  • 2003, c. 19, s. 28;
  • 2014, c. 12, s. 86.

Marginal note:Notice of deregistration

 The Chief Electoral Officer shall give notice of a deregistration under section 409 or 410 to the registered party and its chief agent and of the resulting deregistration under section 417 to the registered associations and their financial agents.

  • 2000, c. 9, s. 411;
  • 2003, c. 19, s. 29;
  • 2014, c. 12, s. 86.

Marginal note:Deregistration — failure to provide documents

 The Chief Electoral Officer may deregister a registered party if the party fails to provide

  • (a) any of the documents referred to in section 392;

  • (b) a report under subsection 396(2) concerning the appointment of a registered agent;

  • (c) any of the documents referred to in subsection 400(2) or 405(1) or (4) with respect to a replacement of its auditor or chief agent;

  • (d) either of the documents referred to in subsections 405(1) and (3) with respect to a change of its leader;

  • (e) a report in accordance with subsection 405(2) of a change in the registered information on its name, short-form name, abbreviation or logo mentioned in paragraphs 385(2)(a) to (c);

  • (f) a report under subsection 405(1) concerning a change in any other registered information;

  • (g) confirmation under subsection 406(1) or section 407 of the validity of the registered information;

  • (h) a report that is required to be filed under subsection 476.1(1) by the registered party; or

  • (i) a statement that is required under subsection 478.1(1) or (2).

  • 2000, c. 9, s. 412;
  • 2003, c. 19, s. 30;
  • 2014, c. 12, s. 86.

Marginal note:Deregistration — failure to file return and auditor’s report

 The Chief Electoral Officer may deregister a registered party if its chief agent fails

  • (a) to provide him or her with a document for a fiscal year in accordance with subsection 432(1); or

  • (b) to provide him or her with a document for a general election in accordance with subsection 437(1).

  • 2000, c. 9, s. 413;
  • 2014, c. 12, s. 86.

Marginal note:Voluntary deregistration

 On application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the party, the Chief Electoral Officer may deregister the party.

  • 2000, c. 9, s. 414;
  • 2014, c. 12, s. 86.

Marginal note:Procedure for non-voluntary deregistration

  •  (1) If the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to perform any obligation referred to in section 412 or 413, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of political parties that the party or officer must

    • (a) rectify the omission by the discharge of that obligation,

      • (i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 406(1), or

      • (ii) within 30 days after receipt of the notice, in any other case; or

    • (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.

  • Marginal note:Extension or exemption

    (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by

    • (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 412 or 413; or

    • (b) specifying a period for compliance with the obligations referred to in subparagraph (1)(a)(i) or (ii), as the case may be.

  • Marginal note:Deregistration

    (3) The Chief Electoral Officer may deregister a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).

  • 2000, c. 9, s. 415;
  • 2014, c. 12, s. 86.

Marginal note:Notice of deregistration

  •  (1) If the Chief Electoral Officer proposes to deregister a registered party under section 414 or subsection 415(3), he or she shall, in writing, so notify the party and its registered associations.

  • Marginal note:Date of deregistration

    (2) The notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.

  • Marginal note:Proof of service

    (3) The notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.

  • 2000, c. 9, s. 416;
  • 2003, c. 19, s. 31;
  • 2014, c. 12, s. 86.

Marginal note:Effect of deregistration of registered party

 If a registered party is deregistered, its registered associations are also deregistered.

  • 2000, c. 9, s. 417;
  • 2014, c. 12, s. 86.

Marginal note:Notice of deregistration

  •  (1) The Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette.

  • Marginal note:Entry of deregistration in registry of political parties

    (2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of political parties.

  • 2000, c. 9, s. 418;
  • 2014, c. 12, s. 86.

Marginal note:Continuation of registered status for limited purpose

 A registered party that is deregistered continues to have the obligations of a registered party for the purpose of section 420.

  • 2000, c. 9, s. 419;
  • 2014, c. 12, s. 86.

Marginal note:Fiscal period and returns

 The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with

  • (a) the documents referred to in subsection 432(1) for

    • (i) the portion of its current fiscal period ending on the day of its deregistration, and

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

  • (b) the documents referred to in subsection 437(1), for any general election for which those documents have not already been provided under that subsection.

  • 2000, c. 9, s. 420;
  • 2014, c. 12, s. 86.
 
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