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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-13. Previous Versions

PART 18Financial Administration (continued)

DIVISION 3Electoral District Associations (continued)

SUBDIVISION ARegistration of Electoral District Associations (continued)

Marginal note:Message to be authorized

 A registered association that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the association’s electoral district agents.

  • 2018, c. 31, s. 271

Marginal note:Prohibition — incurring election expenses

  •  (1) No electoral district association of a registered party shall incur election expenses.

  • Marginal note:Election expenses — electoral district associations

    (1.1) For the purposes of subsection (1),

    • (a) election expense has the meaning given to that expression by subsection 376(1), except that the reference to “a registered party or a candidate” is to be read as a reference to “an electoral district association”; and

    • (b) subsections 376(2) to (4) apply, other than paragraph 376(3)(c), except that the reference to “a registered party or a candidate” in subsection 376(4) is to be read as a reference to “an electoral district association”.

  • Marginal note:Exception

    (1.2) Despite subsection (1), an electoral district association of a registered party may incur an election expense to the extent that the property or service that the cost was incurred for or the non-monetary contribution was received for — or the goods or services that were accepted — are

    • (a) provided to that party, a registered association of that party or a candidate endorsed by that party, if permitted under paragraph 364(2)(b); or

    • (b) sold to that party or a candidate endorsed by that party.

  • Marginal note:Uncancellable transmission

    (2) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, or of a by-election, an electoral district association is deemed not to have incurred an election expense for election advertising if, on the issue of the writ or writs, it is not able to cancel the transmission of the election advertising message that the expense is in relation to.

  • 2000, c. 9, s. 450
  • 2003, c. 19, s. 43
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 271

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

Marginal note:Consent

 A registered association shall obtain from its financial agent and auditor, on appointment, their signed consent to act in that capacity.

  • 2000, c. 9, s. 459
  • 2014, c. 12, s. 86
 
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