Elections Modernization Act (S.C. 2018, c. 31)

DIVISION 0.1Prohibition on Use of Foreign Funds by Third Parties

Marginal note:Definitions

• 349.01 (1) The following definitions apply in this Division.

  advertising

  advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

  • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

  • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

  • (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

  • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

  • (f) the making of telephone calls to electors only to encourage them to vote. (publicité)

  foreign entity

  foreign entity includes

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

  • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;

  • (c) a trade union that does not hold bargaining rights for employees in Canada;

  • (d) a foreign political party; or

  • (e) a foreign government or an agent or mandatary of one. (entité étrangère)

• Marginal note:Definition of advertising

  (2) For the purposes of the definition advertising, promoting or opposing includes

  • (a) in relation to a registered party or eligible party,

    • (i) naming it,

    • (ii) identifying it, including by its logo, and

    • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

  • (b) in relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,

    • (i) naming him or her,

    • (ii) showing a photograph, cartoon or drawing of him or her,

    • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

    • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

Marginal note:Prohibition — use of foreign funds

349.02 No third party shall use funds for a partisan activity, for advertising, for election advertising or for an election survey if the source of the funds is a foreign entity.

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

349.03 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

• 349.1 (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

349.2 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

• 349.3 (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

• 349.4 (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

    • (i) is not a Canadian citizen,

    • (ii) is not a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, and

    • (iii) does not reside in Canada;

  • (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

    • (i) is a Canadian citizen,

    • (ii) is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii) resides in Canada.

Marginal note:Advertising to name third party

349.5 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

• 349.6 (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

    • (i) they are a Canadian citizen,

    • (ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii) they reside in Canada;

  • (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

    • (i) they are a Canadian citizen,

    • (ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii) they reside in Canada;

  • (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

• 349.7 (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

• 349.8 (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

• 349.9 (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.

Marginal note:Interim third-party expenses return

• 349.91 (1) Every third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer within 5 days after the day on which it became required to be registered in accordance with that subsection, if the third party

  • (a) has incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the day on which it became required to be registered in accordance with subsection 349.6(1); or

  • (b) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

• Marginal note:Contents of return

  (2) The interim third-party expenses return shall contain

  • (a) a list of partisan activity expenses referred to in subsection 349.1(2) incurred during the period referred to in paragraph (1)(a) and the date and place of the partisan activities to which the expenses relate;

  • (b) a list of partisan advertising expenses referred to in subsection 349.1(2) incurred during that period and the date and place of the transmission of the partisan advertising messages to which the expenses relate;

  • (c) a list of election survey expenses referred to in subsection 349.1(2) incurred during that period and the date of the election surveys to which the expenses relate; and

  • (d) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) incurred during that period — other than those referred to in paragraphs (a) to (c) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

• Marginal note:When no expenses

  (3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

• Marginal note:Contributions

  (4) The interim third-party expenses return shall include

  • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(a);

  • (b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(a), their name, address and class, and the amount and date of each contribution;

  • (c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

  • (d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(a) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

• Marginal note:Exceptions

  (5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed under subsection 359(1) in respect of

  • (a) a by-election that was held after the general election referred to in paragraph (1)(a); or

  • (b) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).

• Marginal note:Loans

  (6) For the purpose of subsection (4), a contribution includes a loan.

• Marginal note:Categories

  (7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

  • (a) individuals;

  • (b) businesses;

  • (c) commercial organizations;

  • (d) governments;

  • (e) trade unions;

  • (f) corporations without share capital other than trade unions; and

  • (g) unincorporated organizations or associations other than trade unions.

• Marginal note:Names to be provided

  (8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

• Marginal note:Declaration

  (9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

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

  • (b) if different from the financial agent, the person who signed the application made under subsection 349.6(2).

• Marginal note:Supporting documents

  (10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

Marginal note:Interim third-party expenses return

• 349.92 (1) Every third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on September 15, if the third party

  • (a) has incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the earlier of September 14 and the last day of the pre-election period; or

  • (b) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

• Marginal note:Section 349.91 applies

  (2) Subsections 349.91(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(a) of section 349.91 shall be read as a reference to the period referred to in paragraph (1)(a) of this section.

• Marginal note:Exception

  (3) In addition to the exceptions set out in subsection 349.91(5), the interim third-party expenses return need not include any information referred to in subsections 349.91(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 349.91(1).

• Marginal note:Application

  (4) This section applies only in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2.

Marginal note:Prohibition — false, misleading or incomplete return

349.93 No third party shall file under subsection 349.91(1) or 349.92(1) an interim third-party expenses return that

• (a) the third party 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 section 349.91 or 349.92, as the case may be.

Marginal note:Prohibition — use of certain contributions

349.94 No third party shall use a contribution made for partisan activity, partisan advertising or election survey purposes for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 349.91(7) the contributor falls:

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

• (b) a partisan advertising message that is transmitted during that period; and

• (c) an election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit partisan advertising messages during that period.

DIVISION 2Partisan Activities, Election Advertising and Election Surveys During Election Period