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

Marginal note:Consent

399 A registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act in that capacity.

Marginal note:Replacement of chief agent or auditor

• 400 (1) In the event of the death, incapacity, resignation or ineligibility of its chief agent or auditor, or the revocation of the appointment of one, a registered party or eligible party shall without delay appoint a replacement.

• Marginal note:Report of appointment

  (2) Within 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).

Marginal note:Only one chief agent and auditor

401 A registered party or eligible party shall have no more than one chief agent and one auditor at a time.

Marginal note:Minimum number of members

402 A registered party and an eligible party shall have at least 250 members who are electors.

Marginal note:Prohibition — officer

• 403 (1) No person who is ineligible to be an officer of a registered party or an eligible party shall act in that capacity.

• Marginal note:Prohibition — agent

  (2) No person who is ineligible to be a chief agent or registered agent of a registered party or an eligible party shall act in that capacity.

• Marginal note:Prohibition — auditor

  (3) No person who is ineligible to be an auditor of a registered party or an eligible party shall act in that capacity.

403.01 [Repealed, 2014, c. 12, s. 86]

403.02 [Repealed, 2014, c. 12, s. 86]

403.03 [Repealed, 2014, c. 12, s. 86]

403.04 [Repealed, 2014, c. 12, s. 86]

403.05 [Repealed, 2014, c. 12, s. 86]

403.051 [Repealed, 2014, c. 12, s. 86]

403.06 [Repealed, 2014, c. 12, s. 86]

403.07 [Repealed, 2014, c. 12, s. 86]

403.08 [Repealed, 2014, c. 12, s. 86]

403.09 [Repealed, 2014, c. 12, s. 86]

403.1 [Repealed, 2014, c. 12, s. 86]

403.11 [Repealed, 2014, c. 12, s. 86]

403.12 [Repealed, 2014, c. 12, s. 86]

403.13 [Repealed, 2014, c. 12, s. 86]

403.14 [Repealed, 2014, c. 12, s. 86]

403.15 [Repealed, 2014, c. 12, s. 86]

403.16 [Repealed, 2014, c. 12, s. 86]

403.17 [Repealed, 2014, c. 12, s. 86]

403.18 [Repealed, 2014, c. 12, s. 86]

403.19 [Repealed, 2014, c. 12, s. 86]

403.2 [Repealed, 2014, c. 12, s. 86]

403.21 [Repealed, 2014, c. 12, s. 86]

403.22 [Repealed, 2014, c. 12, s. 86]

403.23 [Repealed, 2014, c. 12, s. 86]

403.24 [Repealed, 2014, c. 12, s. 86]

403.25 [Repealed, 2014, c. 12, s. 86]

403.26 [Repealed, 2014, c. 12, s. 86]

403.27 [Repealed, 2014, c. 12, s. 86]

403.28 [Repealed, 2014, c. 12, s. 86]

403.29 [Repealed, 2014, c. 12, s. 86]

403.3 [Repealed, 2014, c. 12, s. 86]

403.31 [Repealed, 2014, c. 12, s. 86]

403.32 [Repealed, 2014, c. 12, s. 86]

403.33 [Repealed, 2014, c. 12, s. 86]

403.34 [Repealed, 2014, c. 12, s. 86]

403.35 [Repealed, 2014, c. 12, s. 86]

403.36 [Repealed, 2014, c. 12, s. 86]

403.37 [Repealed, 2014, c. 12, s. 86]

403.38 [Repealed, 2014, c. 12, s. 86]

403.39 [Repealed, 2014, c. 12, s. 86]

403.4 [Repealed, 2014, c. 12, s. 86]

403.41 [Repealed, 2014, c. 12, s. 86]

403.42 [Repealed, 2014, c. 12, s. 86]

Marginal note:Prohibition — fundamental purpose

• 404 (1) Subject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party if

  • (a) they know that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election; and

  • (b) the party has not made an application for deregistration under section 414.

• Marginal note:Exception

  (2) A person referred to in subsection (1) may sign an application for deregistration under section 414.

404.1 [Repealed, 2006, c. 9, s. 43]

404.2 [Repealed, 2014, c. 12, s. 86]

404.3 [Repealed, 2014, c. 12, s. 86]

404.4 [Repealed, 2014, c. 12, s. 86]

Changes in Information Concerning Parties

Marginal note:Changes in information

• 405 (1) Within 30 days after the day on which there is a change in the information in respect of a registered party or an eligible party in the registry of political parties, the party shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the leader of the party.

• Marginal note:New name, abbreviation or logo

  (2) The report of a change in the information referred to in paragraphs 385(2)(a) to (c) shall include a copy of the resolution of the party to make the change. If the changed information complies with subparagraph 387(a)(i) or (ii), the change is deemed to be effective as of

  • (a) the day after polling day, in the case of a report made during an election period; or

  • (b) the day on which the report was made, in any other case.

• Marginal note:New leader

  (3) The report of a change of leader for a party shall include a copy of the resolution of the party to appoint the new leader, certified by the new leader and another officer of the party.

• Marginal note:New officer, chief agent or auditor

  (4) If the report involves the replacement of an officer, the chief agent or the auditor, it shall include a copy of the signed consent referred to in section 399.

• Marginal note:Registration of change

  (5) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of political parties.

• Marginal note:Entry in registry of electoral district associations

  (6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations.

Marginal note:Publication of changes to policy for the protection of personal information

405.1 As soon as feasible after reporting a change in its policy for the protection of personal information to the Chief Electoral Officer in writing under subsection 405(1), a registered party or an eligible party shall publish on its Internet site the updated version of the policy, incorporating the change set out in the report.

405.2 [Repealed, 2014, c. 12, s. 86]

405.21 [Repealed, 2014, c. 12, s. 86]

405.3 [Repealed, 2014, c. 12, s. 86]

405.31 [Repealed, 2014, c. 12, s. 86]

405.4 [Repealed, 2014, c. 12, s. 86]

Marginal note:Confirmation of information at general election

• 406 (1) A registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, 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; or

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

• Marginal note:Endorsement of candidates

  (2) A registered party and an eligible party shall include with the statement or report referred to in subsection (1) a statement certified by its chief agent that sets out the names of the person or persons who are authorized by the party to endorse prospective candidates at a general election.

Marginal note:Confirmation of registration yearly

• 407 (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).

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

• 408 (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 — false or misleading declaration

  (5) No person shall make a declaration referred to in paragraph 385(2)(i) or subsection 407(2) that they know is false or misleading.