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

Full Document:  

Act current to 2019-06-20 and last amended on 2019-06-13. Previous Versions

PART 18Financial Administration (continued)

DIVISION 2Political Parties (continued)

SUBDIVISION BFinancial Administration of Registered Parties (continued)

Marginal note:Prohibition — false, misleading or incomplete document

 No chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 437(1)(a) that

  • (a) the chief agent knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under subsection 437(2).

  • 2000, c. 9, s. 439
  • 2014, c. 12, s. 86
Corrections, Revisions and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer

  •  (1) The Chief Electoral Officer may correct a document referred to in subsection 432(1) or 437(1) if the correction does not materially affect its substance.

  • Marginal note:Corrections or revisions at request of Chief Electoral Officer

    (2) The Chief Electoral Officer may in writing request a registered party’s chief agent to correct or revise, within a specified period, a document referred to in subsection 432(1) or 437(1).

  • Marginal note:Deadline for correction or revision

    (3) If the Chief Electoral Officer requests a correction or revision, the registered party’s chief agent shall provide him or her with the corrected or revised version of the document within the specified period.

  • 2000, c. 9, s. 440
  • 2014, c. 12, s. 86

Marginal note:Extensions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the extension of a period referred to in subsection 432(5) or 437(3) unless he or she is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 432(5) or 437(3) or within two weeks after the end of that period.

  • 2000, c. 9, s. 441
  • 2001, c. 21, s. 22
  • 2014, c. 12, s. 86

Marginal note:Corrections or revisions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the correction or revision of a document referred to in subsection 432(1) or 437(1) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • 2000, c. 9, s. 442
  • 2007, c. 21, s. 34
  • 2014, c. 12, s. 86

Marginal note:Extensions, corrections or revisions — judge

  •  (1) The chief agent of a registered party or, if the chief agent is absent or unable to perform their duties, its leader, may apply to a judge for an order

    • (a) relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2);

    • (b) authorizing an extension referred to in subsection 441(1); or

    • (c) authorizing a correction or revision referred to in subsection 442(1).

    The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within the specified period referred to in subsection 440(2) or within the two weeks after the end of that period;

    • (b) under paragraph (1)(b), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 441(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 441, or

      • (iii) the end of the extended period referred to in subsection 441(1); or

    • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 442.

  • Marginal note:Grounds — relief from compliance

    (3) The judge shall grant an order relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Grounds — extension

    (4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (6) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2000, c. 9, s. 443
  • 2014, c. 12, s. 86
Reimbursement of Election Expenses and Accessibility Expenses

Marginal note:Certificate

  •  (1) On receipt from a registered party of the documents referred to in subsection 437(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is the sum of 50% of the registered party’s election expenses, as set out in the return for its general election expenses, that were paid by its registered agents and 90% — to a maximum of $250,000 — of the registered party’s accessibility expenses, as set out in that return, that were paid by its registered agents, if

    • (a) the Chief Electoral Officer is satisfied — even despite any statement that the registered party’s auditor has included under paragraph 438(2)(d) in a report under subsection 438(1) — that the registered party and its chief agent have complied with the requirements of sections 437 to 443;

    • (b) the auditor’s report does not include a statement referred to in any of paragraphs 438(2)(a) to (c); and

    • (c) candidates endorsed by the registered party received at least

      • (i) 2% of the number of valid votes cast at the election, or

      • (ii) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

  • Marginal note:Reduction of reimbursement

    (2) If the election expenses, as set out in the election expenses return, exceed the maximum amount that is allowed under section 430, the amount that is provided for in subsection (1) is reduced as follows, without at any time being less than zero:

    • (a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;

    • (b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;

    • (c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and

    • (d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.

  • Marginal note:Reimbursement

    (3) On receipt of the certificate, the Receiver General shall reimburse the amount set out in it to the registered party by paying that amount out of the Consolidated Revenue Fund.

  • 2000, c. 9, s. 444
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 270
 
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