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

Deregistration of Registered Parties

Marginal note:Deregistration — no candidates

409 The Chief Electoral Officer shall, effective on the expiry in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election.

409.1 [Repealed, 2014, c. 12, s. 86]

Marginal note:Deregistration — officers or members

• 410 (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 395(1) or section 402, he or she shall, in writing, notify the party that it is required to

  • (a) show its compliance with subsection 395(1) within 60 days after the day on which the party receives the notice; or

  • (b) show its compliance with section 402 within 90 days after the day on which the party receives the notice.

• Marginal note:Extension

  (2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 395(1) or section 402 within the time set out in the notice, he or she may, in writing, notify the party that it has another period of up to 60 or 90 days, as the case may be, in which to comply.

• Marginal note:Deregistration

  (3) The Chief Electoral Officer shall deregister a registered party if it fails to comply with a notice under subsection (1) or (2), as the case may be.

Marginal note:Notice of deregistration

411 The Chief Electoral Officer shall give notice of a deregistration under section 409 or 410 to the registered party and its chief agent and of the resulting deregistration under section 417 to the registered associations and their financial agents.

Marginal note:Deregistration — failure to provide documents

• 412 (1) The Chief Electoral Officer may deregister a registered party if the party fails to provide

  • (a) any of the documents referred to in section 392;

  • (b) a report under subsection 396(2) concerning the appointment of a registered agent;

  • (c) any of the documents referred to in subsection 400(2) or 405(1) or (4) with respect to a replacement of its auditor or chief agent;

  • (d) either of the documents referred to in subsections 405(1) and (3) with respect to a change of its leader;

  • (e) a report in accordance with subsection 405(2) of a change in the registered information on its name, short-form name, abbreviation or logo mentioned in paragraphs 385(2)(a) to (c);

  • (f) a report under subsection 405(1) concerning a change in any other registered information;

  • (g) confirmation under subsection 406(1) or section 407 of the validity of the registered information;

  • (h) a report that is required to be filed under subsection 476.1(1) by the registered party; or

  • (i) a statement that is required under subsection 478.1(1) or (2).

• Marginal note:Deregistration — failure to publish updated policy for the protection of personal information

  (2) The Chief Electoral Officer may deregister a registered party if the party fails to publish an updated version of its policy for the protection of personal information on its Internet site in accordance with section 405.1.

• Marginal note:Deregistration — failure to continue to have policy for the protection of personal information

  (3) The Chief Electoral Officer may deregister a registered party if the party fails to continue to have a policy for the protection of personal information referred to in paragraph 385(2)(k).

Marginal note:Deregistration — failure to file return and auditor’s report

413 The Chief Electoral Officer may deregister a registered party if its chief agent fails

• (a) to provide him or her with a document for a fiscal year in accordance with subsection 432(1); or

• (b) to provide him or her with a document for a general election in accordance with subsection 437(1).

Marginal note:Voluntary deregistration

414 On application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the party, the Chief Electoral Officer may deregister the party.

Marginal note:Procedure for non-voluntary deregistration

• 415 (1) If the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to perform any obligation referred to in section 412 or 413, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of political parties that the party or officer must

  • (a) rectify the omission by the discharge of that obligation,

    • (i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 406(1), or

    • (ii) within 30 days after receipt of the notice, in any other case; or

  • (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.

• Marginal note:Extension or exemption

  (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by

  • (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 412 or 413; or

  • (b) specifying a period for compliance with the obligations referred to in subparagraph (1)(a)(i) or (ii), as the case may be.

• Marginal note:Deregistration

  (3) The Chief Electoral Officer may deregister a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).

Marginal note:Notice of deregistration

• 416 (1) If the Chief Electoral Officer proposes to deregister a registered party under section 414 or subsection 415(3), he or she shall, in writing, so notify the party and its registered associations.

• Marginal note:Date of deregistration

  (2) The notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.

• Marginal note:Proof of service

  (3) The notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.

Marginal note:Effect of deregistration of registered party

417 If a registered party is deregistered, its registered associations are also deregistered.

Marginal note:Notice of deregistration

• 418 (1) The Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette.

• Marginal note:Entry of deregistration in registry of political parties

  (2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of political parties.

Marginal note:Continuation of registered status for limited purpose

419 A registered party that is deregistered continues to have the obligations of a registered party for the purpose of section 420.

Marginal note:Fiscal period and returns

420 The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with

• (a) the documents referred to in subsection 432(1) for

  • (i) the portion of its current fiscal period ending on the day of its deregistration, and

  • (ii) any earlier fiscal period for which those documents have not already been provided under that subsection; and

• (b) the documents referred to in subsection 437(1), for any general election for which those documents have not already been provided under that subsection.

Merger of Registered Parties

Marginal note:Application for merger

• 421 (1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a merged registered party.

• Marginal note:Contents

  (2) An application to merge two or more registered parties shall

  • (a) be certified by the leaders of the merging parties;

  • (b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and

  • (c) contain the information required from a political party to become a registered party, except for the information referred to in paragraph 385(2)(i).

Marginal note:Registration for eligible merged parties

• 422 (1) The Chief Electoral Officer shall amend the registry of political parties by replacing the names of the merging parties with the name of the merged party if

  • (a) the application for the merger was not made in the period referred to in subsection 421(1); and

  • (b) he or she is satisfied that

    • (i) the merged party is eligible for registration under this Act, and

    • (ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.

• Marginal note:Notice

  (2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of political parties is to be amended under subsection (1).

• Marginal note:Notice in Canada Gazette

  (3) If the Chief Electoral Officer amends the registry of political parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party.

Marginal note:Effective date of merger

• 423 (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of political parties under subsection 422(1).

• Marginal note:Consequences of merger

  (2) On the merger of two or more registered parties,

  • (a) the merged party is the successor of each merging party;

  • (b) the merged party becomes a registered party;

  • (c) the assets of each merging party are transferred to the merged party;

  • (d) the merged party is responsible for the liabilities of each merging party;

  • (e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;

  • (f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and

  • (g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.

• Marginal note:Effect of merger on registered associations

  (3) On the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 447(c), may transfer goods or funds to the merged party or a registered association of the merged party in the six months immediately after the merger. Any such transfer is not a contribution for the purposes of this Act.

423.1 [Repealed, 2014, c. 12, s. 86]

Marginal note:Returns

424 Within six months after a merger

• (a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 432(1) for

  • (i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and

  • (ii) any earlier fiscal period for which those documents have not been provided; and

• (b) the merged party shall provide the Chief Electoral Officer with

  • (i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,

  • (ii) a report on that statement made by the merged party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and

  • (iii) a declaration in the prescribed form by the chief agent of the merged party that the statement is complete and accurate.