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

Full Document:  

Act current to 2019-04-25 and last amended on 2019-04-01. Previous Versions

PART 18Financial Administration (continued)

DIVISION 2Political Parties (continued)

SUBDIVISION ARegistration of Political Parties (continued)

Marginal note:Confirmation of registration yearly

  •  (1) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with

    • (a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; and

    • (b) if there is a change in that information, the report of the change made under subsection 405(1).

  • Marginal note:Confirmation of members

    (2) On or before June 30 of every third year, beginning in 2016, a registered party and an eligible party shall provide the Chief Electoral Officer with the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party.

  • Marginal note:Declaration of leader

    (3) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with a declaration in the prescribed form by the leader that, having considered all of the factors relevant to determining the party’s purposes — including those described in subsection 521.1(5) — one of the party’s fundamental purposes is as described in paragraph 385(2)(j).

  • 2000, c. 9, s. 407
  • 2003, c. 19, s. 26
  • 2014, c. 12, s. 86

Marginal note:Prohibition — false or misleading information (leader)

  •  (1) No leader of a political party shall provide the Chief Electoral Officer with information under section 385 that the leader knows is false or misleading.

  • Marginal note:Prohibition — false or misleading information (party)

    (2) No registered party and no eligible party shall provide the Chief Electoral Officer with information under any of sections 405 to 407 that it knows is false or misleading.

  • Marginal note:Prohibition — certification by leader

    (3) No leader of a registered party or of an eligible party shall certify, under any of sections 405 to 407, a report or statement that they know contains false or misleading information.

  • Marginal note:Prohibition — leader’s declaration

    (4) No leader of a political party shall make a declaration referred to in section 385, 405 or 407 that they know is false or misleading.

  • Marginal note:Prohibition — member’s declaration

    (5) No member of a political party shall make a declaration referred to in section 385 or 407 that they know is false or misleading.

  • 2000, c. 9, s. 408
  • 2003, c. 19, s. 27
  • 2014, c. 12, s. 86
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

  •  (1) 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).

  • Marginal note:Deregistration — failure to publish updated policy for the protection of personal information

    (2) The Chief Electoral Officer may deregister a registered party if the party fails to publish an updated version of its policy for the protection of personal information on its Internet site in accordance with section 405.1.

  • Marginal note:Deregistration — failure to continue to have policy for the protection of personal information

    (3) The Chief Electoral Officer may deregister a registered party if the party fails to continue to have a policy for the protection of personal information referred to in paragraph 385(2)(k).

  • 2000, c. 9, s. 412
  • 2003, c. 19, s. 30
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 260

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
 
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