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)

Merger of Registered Parties

Marginal note:Application for merger

  •  (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).

  • 2000, c. 9, s. 421;
  • 2014, c. 12, s. 86.

Marginal note:Registration for eligible merged parties

  •  (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.

  • 2000, c. 9, s. 422;
  • 2003, c. 19, s. 32;
  • 2014, c. 12, s. 86.

Marginal note:Effective date of merger

  •  (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.

  • 2000, c. 9, s. 423;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Returns

 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.

  • 2000, c. 9, s. 424;
  • 2003, c. 19, s. 34;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

SUBDIVISION BFinancial Administration of Registered Parties

General

Marginal note:Duty of chief agent

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

  • 2000, c. 9, s. 425;
  • 2003, c. 19, s. 35;
  • 2006, c. 9, s. 50;
  • 2014, c. 12, s. 86.

Marginal note:Prohibition — paying expenses

  •  (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: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.

  • 2000, c. 9, s. 426;
  • 2003, c. 19, s. 36;
  • 2014, c. 12, ss. 86, 155.
Recovery of Claims for Debts

Marginal note:Claim for payment

 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.

  • 2000, c. 9, s. 427;
  • 2014, c. 12, s. 86.

Marginal note:Payment within three years

 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.

  • 2000, c. 9, s. 428;
  • 2014, c. 12, s. 86.

Marginal note:Proceedings to recover payment

 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.

  • 2000, c. 9, s. 429;
  • 2014, c. 12, s. 86.
 
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