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

Full Document:  

Assented to 2018-12-13

2000, c. 9Canada Elections Act (continued)

Marginal note:2014, c. 12, s. 86

272 The portion of section 464 of the Act before paragraph (a) is replaced by the following:

Marginal note:Confirmation of registration yearly

464 On or before May 31 of every year a registered association shall provide the Chief Electoral Officer with

Marginal note:2014, c. 12, s. 86

273 Subsection 469(4) of the Act is replaced by the following:

  • 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:2014, c. 12, s. 86

274 Subsection 475.6(1) of the Act is replaced by the following:

Marginal note:Auditor’s report

  • 475.6 (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $10,000 or more in total or incurred expenses of $10,000 or more in total shall report to the association’s financial agent on the association’s financial transactions return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

275 Section 475.8 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Inflation adjustment factor

    (3) The $1,500 amount set out in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the last day of the registered association’s fiscal period to which the auditor’s report relates.

Marginal note:2014, c. 12, s. 86

276 The heading before section 476 of the French version of the Act is replaced by the following:

Définition

Marginal note:2014, c. 12, s. 86

277 Section 476 of the Act is replaced by the following:

Marginal note:Definition of selection date

476 In this Division, selection date means the date on which a nomination contest is decided. (date de désignation)

Marginal note:2014, c. 12, s. 86

278 Subsection 476.65(3) of the Act is replaced by the following:

  • Marginal note:Deposits into account

    (3) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.

  • Marginal note:Payments from account

    (3.1) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.

Marginal note:2014, c. 12, s. 86

  • 279 (1) Subsection 476.66(4) of the Act is replaced by the following:

    • Marginal note:Prohibition — paying nomination campaign expenses

      (4) No person or entity, other than a nomination contestant’s financial agent, shall pay the contestant’s nomination campaign expenses except for

      • (a) a litigation expense;

      • (b) travel and living expenses;

      • (c) a personal expense; or

      • (d) a petty expense referred to in section 381.

  • Marginal note:2014, c. 12, s. 86

    (2) Subsection 476.66(6) of the Act is replaced by the following:

    • Marginal note:Prohibition — paying contestant’s personal expenses, etc.

      (6) No person or entity, other than the nomination contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).

Marginal note:2014, c. 12, s. 86

280 The portion of section 476.67 of the Act before paragraph (b) is replaced by the following:

Marginal note:Limits on nomination contest expenses

476.67 The limit for nomination contest expenses that is allowed for a nomination contestant in an electoral district is the amount

  • (a) that is 20% of the election expenses limit that was calculated under subsection 477.49(1) for that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or

Marginal note:2014, c. 12, s. 86

281 Subsection 476.68(1) of the Act is replaced by the following:

Marginal note:Prohibition — exceeding expense limit

  • 476.68 (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination contest expenses in an amount that is more than the limit allowed for that electoral district under section 476.67.

Marginal note:2014, c. 12, s. 86

  • 282 (1) Paragraph 476.75(2)(a) of the Act is replaced by the following:

    • (a) a statement of nomination contest expenses;

    • (a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

    • (a.2) a statement of travel and living expenses;

    • (a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;

    • (a.4) a statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);

  • Marginal note:2014, c. 12, s. 86

    (2) Paragraph 476.75(2)(h) of the Act is replaced by the following:

    • (h) a statement of the funds transferred by the nomination contestant to a registered party, a registered association or a candidate;

  • Marginal note:2014, c. 12, s. 86

    (3) Subsection 476.75(3) of the Act is replaced by the following:

    • Marginal note:Supporting documents

      (3) Together with the nomination campaign return, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement referred to in subsection 476.82(1).

  • (4) Subsection 476.75(9) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (c) the Chief Electoral Officer is deemed to have received the declaration for the purpose of section 476.901.

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