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

Full Document:  

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

PART 18Financial Administration (continued)

DIVISION 3Electoral District Associations

SUBDIVISION ARegistration of Electoral District Associations

Registration

Marginal note:Prohibition — accepting contributions, etc., while not registered

 No electoral district association of a registered party shall, unless it is registered,

  • (a) accept contributions;

  • (b) provide goods or services or transfer funds to a candidate endorsed by a registered party;

  • (c) provide goods or services or transfer funds to a registered party or a registered association; or

  • (d) accept surplus nomination campaign funds of a nomination contestant, surplus electoral funds of a candidate or surplus leadership campaign funds of a leadership contestant.

  • 2000, c. 9, s. 447;
  • 2014, c. 12, s. 86.

Marginal note:Contents of application

  •  (1) An electoral district association of a registered party may submit to the Chief Electoral Officer an application for registration that includes

    • (a) the full name of the association and of the electoral district;

    • (b) the full name of the registered party;

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

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

    • (e) the name and address of the appointed auditor of the association; and

    • (f) the name and address of the financial agent of the association.

  • Marginal note:Accompanying documents

    (2) The application shall be accompanied by

    • (a) the signed consent of the financial agent to act in that capacity;

    • (b) the signed consent of the auditor to act in that capacity; and

    • (c) a declaration signed by the leader of the party certifying that the electoral district association is an electoral district association of the party.

  • Marginal note:Examination of application

    (3) The Chief Electoral Officer shall register an electoral district association that meets the requirements of subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate to the association which of the requirements have not been met.

  • Marginal note:Date of registration

    (4) An electoral district association is registered as of the date on which the Chief Electoral Officer registers it in the registry of electoral district associations.

  • 2000, c. 9, s. 448;
  • 2014, c. 12, s. 86.

Marginal note:Only one registered association per district

 A registered party may have at most one registered association in an electoral district.

  • 2000, c. 9, s. 449;
  • 2014, c. 12, s. 86.

Marginal note:Prohibition — election advertising in election period

  •  (1) No electoral district association of a registered party shall, during an election period, incur expenses for — or transmit or cause to be transmitted — election advertising as defined in section 319.

  • Marginal note:Uncancellable spending

    (2) If a general election is held on a date other than one set out in subsection 56.1(2) or section 56.2, or if a by-election is held, an electoral district association does not incur expenses for election advertising as defined in section 319, or transmit it or cause it to be transmitted, if, on the issue of the writ or writs, the association is not able to cancel the transmission of that advertising.

  • 2000, c. 9, s. 450;
  • 2003, c. 19, s. 43;
  • 2014, c. 12, s. 86.

Marginal note:Statement of assets and liabilities

 Within six months after the day on which it becomes a registered association, the association shall provide the Chief Electoral Officer with

  • (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; and

  • (b) a declaration in the prescribed form by its financial agent that the statement is complete and accurate.

  • 2000, c. 9, s. 451;
  • 2003, c. 19, s. 44;
  • 2006, c. 9, s. 52;
  • 2014, c. 12, s. 86.

Marginal note:Prohibition — declaration concerning statement

 No financial agent of a registered association shall make a declaration referred to in paragraph 451(b) if the agent knows or ought reasonably to know that the statement referred to in paragraph 451(a) is not complete and accurate.

  • 2000, c. 9, s. 452;
  • 2003, c. 19, s. 45;
  • 2006, c. 9, s. 53;
  • 2014, c. 12, s. 86.

Marginal note:Annual fiscal period

 The fiscal period of a registered association is the calendar year.

  • 2000, c. 9, s. 453;
  • 2003, c. 19, s. 46;
  • 2014, c. 12, s. 86.

Marginal note:Adjustment of fiscal period

 Without delay after becoming registered, a registered association shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.

  • 2000, c. 9, s. 454;
  • 2014, c. 12, s. 86.

Marginal note:Registry of electoral district associations

 The Chief Electoral Officer shall maintain a registry of electoral district associations that contains the information referred to in subsections 448(1), 456(2) and 471(2).

  • 2000, c. 9, s. 455;
  • 2004, c. 24, s. 19;
  • 2014, c. 12, s. 86.
Electoral District Agents and Auditors

Marginal note:Appointments

  •  (1) A registered association may appoint, as electoral district agents, persons who are authorized by the association to accept contributions and to incur and pay expenses on behalf of the association. The appointment is subject to any terms and conditions that it specifies.

  • Marginal note:Report of appointment

    (2) Within 30 days after the day on which an electoral district agent is appointed, the registered association shall provide the Chief Electoral Officer with a written report, certified by its financial agent, that includes the electoral district agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of electoral district associations.

  • 2000, c. 9, s. 456;
  • 2014, c. 12, s. 86.

Marginal note:Agents — corporations

  •  (1) A corporation incorporated under the laws of Canada or a province is eligible to be the financial agent or an electoral district agent of a registered association.

  • Marginal note:Agents — ineligible persons

    (2) The following persons are ineligible to be a financial agent or an electoral district agent:

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

    • (b) a candidate;

    • (c) an auditor appointed as required by this Act;

    • (d) subject to subsection (1), a person who is not an elector;

    • (e) an undischarged bankrupt; and

    • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

  • Marginal note:If member of partnership appointed as agent

    (3) A person may be appointed as agent for a registered association even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.

  • 2000, c. 9, s. 457;
  • 2014, c. 12, s. 86.

Marginal note:Auditor — eligibility

  •  (1) Only the following are eligible to be an auditor for a registered association:

    • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or

    • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

  • Marginal note:Auditor — ineligibility

    (2) The following persons are ineligible to be an auditor:

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

    • (b) a candidate or their official agent;

    • (c) a chief agent of a registered party or an eligible party;

    • (d) a registered agent of a registered party;

    • (e) an electoral district agent of a registered association;

    • (f) a nomination contestant or their financial agent;

    • (g) a leadership contestant or their leadership campaign agent; and

    • (h) a financial agent of a registered third party.

  • 2000, c. 9, s. 458;
  • 2014, c. 12, s. 86.
 
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