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

Full Document:  

Act current to 2021-06-28 and last amended on 2019-06-13. Previous Versions

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

DIVISION 2Partisan Activities, Election Advertising and Election Surveys During Election Period (continued)

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 an election period;

    • (b) election advertising expenses in relation to election 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 issue of the writ.

  • Marginal note:Exception — deemed registration

    (1.1) A third party that registered under subsection 349.6(1) during a pre-election period that ends the day before the day of the issue of the writ and that is also required to register under subsection (1) is deemed to be registered under that subsection (1).

  • 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;

    • (b.1) 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

    • (c) 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

    • (d) 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) must 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, election 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 opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, registered party, registered third party or eligible party.

  • Marginal note:Registration ends

    (8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file a third-party expenses return under subsection 359(1).

Marginal note:Appointment of financial agent

  •  (1) A third party that is required to register under subsection 353(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:Exception — deemed appointment

    (1.1) If, at the end of the pre-election period before a general election referred to in paragraph 353(1)(a), a third party has a financial agent who was appointed under subsection 349.7(1), the financial agent is deemed to have been appointed under subsection (1).

  • Marginal note:Financial agent — ineligible persons

    (2) The following persons are not eligible to be a financial agent of a third party:

    • (a) a candidate or an official agent of a candidate;

    • (b) a person who is the chief agent, or a registered agent, of a registered party;

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

    • (d) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

Marginal note:Requirement to appoint auditor

  •  (1) A third party that is required to register under subsection 353(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 respect of partisan activities that take place during an election period;

    • (b) election advertising expenses in respect of election advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to that period.

  • Marginal note:Exception — deemed appointment

    (1.1) If, when the obligation under subsection (1) to appoint an auditor applies, a third party has an auditor who was appointed under subsection 349.8(1), the auditor is deemed to have been appointed under subsection (1).

  • 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:Ineligibility criteria

    (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 353(2);

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

    • (d) a candidate;

    • (e) the official agent of a candidate;

    • (f) the chief agent of a registered party or an eligible party; and

    • (g) a registered agent of a registered party.

  • Marginal note:Notification of appointment

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

  • Marginal note:New auditor

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

 
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