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

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Act current to 2018-12-12 and last amended on 2016-01-01. Previous Versions

PART 18Financial Administration (continued)

DIVISION 2Political Parties (continued)

SUBDIVISION BFinancial Administration of Registered Parties (continued)

Marginal note:Extensions, corrections or revisions — judge

  •  (1) The chief agent of a registered party or, if the chief agent is absent or unable to perform their duties, its leader, may apply to a judge for an order

    • (a) relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2);

    • (b) authorizing an extension referred to in subsection 441(1); or

    • (c) authorizing a correction or revision referred to in subsection 442(1).

    The applicant 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 440(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 441(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 441, or

      • (iii) the end of the extended period referred to in subsection 441(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 442.

  • Marginal note:Grounds — relief from compliance

    (3) The judge shall grant an order relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Grounds — extension

    (4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (6) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2000, c. 9, s. 443;
  • 2014, c. 12, s. 86.
Reimbursement of Election Expenses

Marginal note:Certificate

  •  (1) On receipt from a registered party of the documents referred to in subsection 437(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is 50% of the registered party’s election expenses that were paid by its registered agents as set out in the return for its general election expenses if

    • (a) the Chief Electoral Officer is satisfied — even despite any statement that the registered party’s auditor has included under paragraph 438(2)(d) in a report under subsection 438(1) — that the registered party and its chief agent have complied with the requirements of sections 437 to 443;

    • (b) the auditor’s report does not include a statement referred to in any of paragraphs 438(2)(a) to (c); and

    • (c) candidates endorsed by the registered party received at least

      • (i) 2% of the number of valid votes cast at the election, or

      • (ii) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

  • Marginal note:Reduction of reimbursement

    (2) If the election expenses, as set out in the election expenses return, exceed the maximum amount that is allowed under section 430, the amount that is provided for in subsection (1) is reduced as follows, without at any time being less than zero:

    • (a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;

    • (b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;

    • (c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and

    • (d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.

  • Marginal note:Reimbursement

    (3) On receipt of the certificate, the Receiver General shall reimburse the amount set out in it to the registered party by paying that amount out of the Consolidated Revenue Fund.

  • 2000, c. 9, s. 444;
  • 2014, c. 12, s. 86.
Quarterly Allowances

Marginal note:Quarterly allowance

  •  (1) The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least

    • (a) 2% of the number of valid votes cast; or

    • (b) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

  • Marginal note:Computation of fund

    (2) An allowance fund for a quarter is the product of the number of valid votes cast in the election referred to in subsection (1) multiplied by the applicable following number:

    • (a) $0.255, for the quarter that begins on April 1, 2013 and the three following quarters; and

    • (b) $0.1275, for the quarter that begins on April 1, 2014 and the three following quarters.

  • Marginal note:Computation of party’s allowance

    (3) Each such registered party’s allowance for a quarter is that part of the allowance fund for that quarter that corresponds to its percentage of valid votes cast in the election referred to in subsection (1).

  • Marginal note:Merger of parties

    (4) A merged party is entitled to the aggregate of the allowances to which the merging parties of which it is composed would have been entitled had they not merged.

  • 2000, c. 9, s. 445;
  • 2014, c. 12, s. 86.

Marginal note:Certificate

  •  (1) As soon as feasible after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter.

  • Marginal note:Delay for non-compliance

    (2) If a registered party has not provided all of the documents that it is required to provide under sections 432, 433 and 437, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents.

  • Marginal note:Payment

    (3) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the registered party out of the Consolidated Revenue Fund. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the party’s leader.

  • Definition of provincial division

    (4) In this Act, provincial division means a division of a registered party for a province or territory in relation to which the party’s leader has provided the following to the Chief Electoral Officer:

    • (a) the name of the division and of the province or territory;

    • (b) the name of the party;

    • (c) the address of the office where records of that division are maintained and to which communications may be addressed;

    • (d) the names and addresses of the chief executive officer and other officers of the division;

    • (e) the name and address of any registered agent appointed by the division; and

    • (f) a declaration signed by the party’s leader certifying that the division is a division of the party.

    This Act applies to information provided under this subsection as if it were information referred to in paragraphs 385(2)(a) to (h).

  • Marginal note:Report of changes in information

    (5) Within 15 days after a change in the information referred to in subsection (4), the chief executive officer of the provincial division shall report the change in writing to the chief agent of the registered party.

  • 2000, c. 9, s. 446;
  • 2014, c. 12, s. 86.
 
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