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

Marginal note:Electoral Boundaries Readjustment Act

• 469 (1) If the boundaries of an electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act, a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice shall be accompanied by a consent signed by the leader of the registered party with which it is affiliated.

• Marginal note:Effect of continuation

  (2) If a notice has been filed under subsection (1), on the day on which the representation order comes into force, the registered association is continued as the registered association for the electoral district specified in the notice and assumes all the rights and obligations of the association for the former electoral district.

• Marginal note:Deregistration

  (3) Any registered association in an electoral district whose boundaries are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act that does not give a notice under subsection (1) is deregistered on the day on which the representation order comes into force under subsection 25(1) of that Act and, despite paragraph 447(c), may provide goods or transfer funds to the registered party with which it is affiliated or to any of its registered associations in the six months after that day. Any such transfer is not a contribution for the purposes of this Act.

• Marginal note:Registration

  (4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 448 for the registration of an electoral district association for an electoral district that is created by — or whose boundaries are revised as a result of — the order. The electoral district association may be registered at any time on or after the day on which the application is made.

• Marginal note:Applicant deemed to be electoral district association

  (5) The applicant in an application referred to in subsection (4) is deemed to be an electoral district association as of the date on which the application is received by the Chief Electoral Officer.

Marginal note:Notice of deregistration

• 470 (1) If the Chief Electoral Officer proposes to deregister a registered association under section 467 or subsection 468(4), he or she shall, in writing, so notify the association and the registered party with which it is affiliated.

• 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:Publication

• 471 (1) If a registered association is deregistered for any reason other than the deregistration of the registered party with which it is affiliated, the Chief Electoral Officer shall without delay cause a notice of deregistration to be published in the Canada Gazette.

• Marginal note:Entry of deregistration in registry of electoral district associations

  (2) The Chief Electoral Officer shall indicate any deregistration of a registered association in the registry of electoral district associations.

Marginal note:Effect of deregistration

472 An electoral district association that is deregistered continues to have the obligations of a registered association for the purpose of section 473.

Marginal note:Fiscal period and returns

473 The financial agent of a deregistered electoral district association shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with the documents referred to in subsection 475.4(1) for

• (a) the portion of its current fiscal period ending on the day of its deregistration; and

• (b) any earlier fiscal period for which those documents have not already been provided under that subsection.

SUBDIVISION BFinancial Administration of Registered Associations

General

Marginal note:Duty of financial agent

474 The financial agent of a registered association is responsible for administering its financial transactions and for reporting on them in accordance with this Act.

Marginal note:Prohibition — paying expenses

• 475 (1) No person or entity, other than an electoral district agent of a registered association, shall pay the registered association’s expenses.

• Marginal note:Prohibition — incurring expenses

  (2) Subject to section 348.02, no person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.

• Marginal note:Prohibition — accepting contributions, borrowing

  (3) No person or entity, other than an electoral district agent of a registered association, shall accept contributions to the registered association or borrow money on its behalf.

• Marginal note:Prohibition — accepting or providing goods, services or funds

  (4) No person or entity, other than the financial agent of a registered association, shall, on behalf of the registered association,

  • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

  • (b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.

Recovery of Claims for Debts

Marginal note:Claim for payment

475.1 A person who has a claim to be paid for a debt of a registered association shall send the invoice or other document evidencing the claim to the registered association or one of its electoral district agents.

Marginal note:Payment within three years

475.2 If a claim for an expense is evidenced by an invoice or other document that has been sent under section 475.1, the claim shall be paid within three years after the day on which payment of it is due.

Marginal note:Proceedings to recover payment

475.3 A person who has sent an invoice or other document evidencing a claim under section 475.1 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

• (a) at any time, if the electoral district agent refuses to pay that amount or disputes that it is payable; or

• (b) after the end of the period referred to in section 475.2, in any other case.

Financial Reporting

Marginal note:Financial transactions return

• 475.4 (1) For each fiscal period of a registered association, its financial agent shall provide the Chief Electoral Officer with

  • (a) a financial transactions return, in the prescribed form, on the association’s financial transactions;

  • (b) the auditor’s report on the return, if one is required under subsection 475.6(1); and

  • (c) a declaration in the prescribed form by the financial agent that the return is complete and accurate.

• Marginal note:Contents of return

  (2) A financial transactions return shall set out

  • (a) the total amount of contributions received by the registered association;

  • (b) the number of contributors;

  • (c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each of those contributions and the date on which the association received it;

  • (d) a statement of the registered association’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of

    • (i) claims that are the subject of proceedings under section 475.3, and

    • (ii) unpaid claims, including those resulting from loans made to the registered association under section 373;

  • (e) a statement of the registered association’s revenues and expenses in accordance with generally accepted accounting principles, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;

  • (f) a statement of the commercial value of goods or services provided and of funds transferred by the registered association to the registered party, to another registered association or to a candidate endorsed by the registered party;

  • (g) a statement of the commercial value of goods or services provided and of funds transferred to the registered association from the registered party, another registered association, a nomination contestant, a candidate or a leadership contestant;

  • (h) a statement of the terms and conditions of each loan made to the registered association under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed; and

  • (i) a statement of contributions received by the registered association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

• Marginal note:Report

  (3) If there is any amendment to the information in a statement referred to in paragraph (2)(h), including with respect to the giving of a guarantee or suretyship, then the registered association’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.

• Marginal note:Publication

  (4) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(h) and any report provided under subsection (3) as soon as feasible after receiving the information or report.

• Marginal note:Period for providing documents

  (5) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within five months after the end of the fiscal period.

• Marginal note:Statement of unpaid claims

  (6) The statement of unpaid claims referred to in subparagraph (2)(d)(ii) shall include information indicating

  • (a) each unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; and

  • (b) each claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.

• Marginal note:Unpaid claims — 18 months or more

  (7) The statement shall include the following information concerning claims referred to in paragraph (6)(b):

  • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;

  • (b) whether the claim is the subject of proceedings under section 475.3;

  • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;

  • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;

  • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and

  • (f) any other relevant information that could help explain why the amount is unpaid.