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

Full Document:  

Act current to 2022-06-20 and last amended on 2021-06-29. Previous Versions

PART 17Third Party Advertising, Partisan Activities and Election Surveys (continued)

DIVISION 0.1Prohibition on Use of Foreign Funds by Third Parties (continued)

Marginal note:Prohibition — circumventing prohibition on use of foreign funds

 No third party shall

  • (a) circumvent, or attempt to circumvent, the prohibition under section 349.02; or

  • (b) act in collusion with another person or entity for that purpose.

DIVISION 1Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period

Marginal note:Maximum pre-election period expenses

  •  (1) Subject to section 349.4, a third party shall not incur the following expenses in an aggregate amount of more than $700,000:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

  • Marginal note:Maximum pre-election period expenses — electoral district

    (2) Not more than $7,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more potential candidates or nomination contestants in a given electoral district.

  • Marginal note:Expenses — party leader

    (3) The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.

  • Marginal note:Third party inflation adjustment factor

    (4) The amounts referred to in subsections (1) and (2) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

Marginal note:Prohibition — circumventing maximum amount

 A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 349.1 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, partisan advertising expenses and election survey expenses exceed the maximum amount.

Marginal note:Prohibition — collusion with registered party

  •  (1) No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

  • Marginal note:Prohibition — collusion with potential candidate

    (2) No third party and no potential candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

  • Marginal note:Prohibition — collusion with associated person

    (3) No third party and no person associated with a potential candidate’s activities undertaken with a view to the potential candidate’s eventual election — including an official agent of a potential candidate who is deemed to be a candidate under section 477 — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

Marginal note:Prohibition — spending by foreign third parties

  •  (1) A foreign third party shall not incur the following expenses:

    • (a) partisan activity expenses in relation to a partisan activity that is carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to a partisan advertising message that is transmitted during that period; and

    • (c) election survey expenses in relation to an election survey that is conducted during that period.

  • Marginal note:Definition of foreign third party

    (2) In subsection (1), a foreign third party is a third party in respect of which

    • (a) if the third party is an individual, the individual

    • (b) if the third party is a corporation or entity,

      • (i) it does not carry on business in Canada, or its only activity carried on in Canada during a pre-election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the following election, and

      • (ii) it was incorporated, formed or otherwise organized outside Canada; and

    • (c) if the third party is a group, no person who is responsible for the group

Marginal note:Advertising to name third party

 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any partisan advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.

Marginal note:Registration requirement for third parties

  •  (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

    However, the third party may not register before the beginning of the pre-election period.

  • Marginal note:Application for registration

    (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

    • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that

    • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;

    • (c) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that

    • (d) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

    • (e) the name, address and telephone number of the third party’s financial agent.

  • Marginal note:Declaration of financial agent to accompany application

    (3) An application under subsection (2) shall be accompanied by a declaration signed by the financial agent accepting the appointment.

  • Marginal note:New financial agent

    (4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

  • Marginal note:Trade union or corporation

    (5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, partisan advertising expenses and election survey expenses.

  • Marginal note:Examination of application

    (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

  • Marginal note:Application rejected

    (7) A third party may not be registered under a name that, in the Chief Electoral Officer’s opinion, is likely to be confused with the name of a registered party or eligible party, a potential candidate, a nomination contestant, a candidate, a leadership contestant, a leader of a registered party or eligible party or a registered third party.

  • Marginal note:Registration ends

    (8) Subject to subsection 353(1.1), the registration of a third party is valid only for the pre-election period during which the application is made, but the third party continues to be subject to this Part.

Marginal note:Appointment of financial agent

  •  (1) A third party that is required to register under subsection 349.6(1) shall appoint a financial agent, who may be a person who is authorized to sign an application for registration made under that subsection.

  • Marginal note:Financial agent — ineligible persons

    (2) The following persons are not eligible to be a financial agent of a third party:

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

    • (b) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

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

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

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

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

    • (g) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

Marginal note:Requirement to appoint auditor

  •  (1) A third party that is required to register under subsection 349.6(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

  • Marginal note:Eligibility criteria

    (2) The following are eligible to be an auditor for a third party:

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

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

  • Marginal note:Auditor — ineligible persons

    (3) The following persons are not eligible to be an auditor for a third party:

    • (a) the third party’s financial agent;

    • (b) a person who signed the application made under subsection 349.6(2);

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

    • (d) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

    • (e) the chief agent of a registered party or eligible party;

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

    • (g) a nomination contestant or their financial agent; and

    • (h) a leadership contestant or their leadership campaign agent.

  • Marginal note:Notification of appointment

    (4) Every third party, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a declaration signed by the auditor accepting the appointment.

  • Marginal note:New auditor

    (5) If a third party’s auditor is replaced, it shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a declaration signed by the new auditor accepting the appointment.

Marginal note:Responsibilities of financial agent

  •  (1) Every contribution made during a pre-election period to a registered third party for partisan activity, partisan advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, partisan advertising expense or election survey expense incurred during a pre-election period on behalf of a registered third party shall be authorized by its financial agent.

  • Marginal note:Delegation

    (2) A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, partisan advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.

 
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