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C-23
Second Session, Forty-first Parliament,
62-63 Elizabeth II, 2013-2014
HOUSE OF COMMONS OF CANADA
BILL C-23
An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts

AS PASSED
BY THE HOUSE OF COMMONS
MAY 13, 2014

90721

RECOMMENDATION
His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts”.
SUMMARY
This enactment amends the Canada Elections Act (“the Act”) to require the Chief Electoral Officer to issue interpretation notes and guidelines on the application of that Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants. It also requires the Chief Electoral Officer, on request, to issue a written opinion on the application of provisions of the Act to an activity or practice that a registered party, registered association, nomination contestant, candidate or leadership contestant proposes to engage in.
The enactment also modifies the Chief Electoral Officer’s power under section 17 of the Act so that the power may only be exercised to allow electors to exercise their right to vote or to allow votes to be counted. It also limits the Chief Electoral Officer’s power to transmit advertising messages to electors and requires the Chief Electoral Officer to ensure that any information so transmitted is accessible to electors with disabilities.
The enactment further amends the Act to permit the Chief Electoral Officer to seek approval from parliamentary committees to test an alternative voting process (but where such a pilot project is to test a form of electronic voting, the Chief Electoral Officer must first obtain the approval of the Senate and House of Commons). The enactment also eliminates the mandatory retirement of the Chief Electoral Officer at age 65 and replaces it with a 10-year non-renewable term. It provides for the establishment of an Advisory Committee of Political Parties to provide advice to the Chief Electoral Officer on matters relating to elections and political financing. The enactment also amends the Act to provide for the appointment of field liaison officers, based on merit, to provide support to returning officers and provide a link between returning officers and the Office of the Chief Electoral Officer. It also enables the Chief Electoral Officer to temporarily suspend a returning officer during an election period and provides for the appointment of additional election officers at polling stations. Finally, it empowers registered parties and registered associations, in addition to candidates, to provide names of individuals for election officer positions and changes the deadline for providing those names from the 17th day before polling day to the 24th day before polling day.
The enactment also adds to the Act Part 16.1, which deals with voter contact calling services. Among other things, that Part requires that calling service providers and other interested parties file registration notices with the Canadian Radio-television and Telecommunications Commission, provide identifying information to the Commission and keep copies of scripts and recordings used to make calls. That Part also requires that the Canadian Radio-television and Telecommunications Commission establish and maintain a registry, to be known as the Voter Contact Registry, in which the documents it receives in relation to voter contact calling services are to be kept.
The enactment also replaces Part 18 of the Act with a new, comprehensive set of rules on political financing that corrects a number of deficiencies in the Act. Notably, the enactment
(a) increases the annual contribution limits for contributions to registered parties, registered associations, candidates and nomination and leadership contestants to $1,500 per year and by $25 per year after the first year;
(b) increases the amount that candidates and leadership contestants may contribute to their own campaigns to $5,000 and $25,000, respectively;
(c) permits registered parties and registered associations to make transfers to candidates before their nomination is confirmed by the returning officer;
(d) requires a registered party’s auditor to complete a compliance audit in relation to its election expenses return indicating that the party has complied with the political financing rules;
(e) requires registered parties, registered associations and candidates to disclose details of expenses for voter contact calling services in their returns;
(f) reforms the rules governing unpaid claims, making it an offence for claims to remain unpaid after three years and strengthening the reporting of unpaid claims;
(g) reforms the reporting requirements of leadership contestants;
(h) permits higher spending limits for registered parties and candidates if an election period is longer than the 37-day minimum;
(i) includes new rules on political loans; and
(j) defines “capital asset” for the purposes of reporting the distribution cost of advertising or promotional material transmitted to the public using a capital asset, so that the expense is reported as the corresponding rental value for the period in which it was used, and for the purpose of the disposal of the campaign surplus.
With respect to voter identification, the enactment amends the Act to require the same voter identification for voting at the office of the returning officer in an elector’s own riding as it requires for voting at ordinary polls. It also prohibits the use of the voter information card as proof of identity, eliminates the ability of an elector to prove their identity through vouching, allows an elector to swear a written oath of their residence provided that their residence is attested to on oath by another elector, and requires an elector whose name was crossed off the electors’ list in error to take a written oath before receiving a ballot.
The enactment also amends the Act to provide an extra day of advance polling on the eighth day before polling day, creating a block of four consecutive advance polling days between the tenth and seventh days before polling day. It requires a separate ballot box for each day of advance polling and details procedures for the opening and closing of ballot boxes during an advance poll. Finally, it gives returning officers the authority to recover ballot boxes on the Chief Electoral Officer’s direction if the integrity of the vote is at risk.
The enactment also amends the Act to, among other things, establish a process to communicate polling station locations to electors, candidates and political parties, to provide that only an elector’s year of birth is to be displayed on the lists of electors used at the polls, instead of the full date of birth, to permit candidates’ representatives to move to any polling station in the electoral district after being sworn in at any polling station in the district and to establish a procedure for judicial recounts.
The enactment further amends the Act to change how the Commissioner of Canada Elections is appointed. It establishes that the Commissioner is to be appointed by the Director of Public Prosecutions for a seven-year term, subject to removal for cause, that the Commissioner is to be housed within the Director’s office but is to conduct investigations independently from the Director, and that the Commissioner is to be a deputy head for the purposes of hiring staff for his or her office and for managing human resources.
The enactment also amends the Act to add the offence of impersonating or causing another person to impersonate a candidate, a candidate’s representative, a representative of a registered party or registered association, the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff, an election officer or a person authorized to act on the Chief Electoral Officer’s or an election officer’s behalf. It also adds the offences of providing false information in the course of an investigation and obstructing a person conducting an investigation. In addition, it creates offences in relation to registration on the lists of electors, registration on polling day, registration at an advance polling station and obligations to keep scripts and recordings used in the provision of voter contact calling services.
The enactment further amends the Act to provide for increases in the amount of penalties. For the more serious offences, it raises the maximum fine from $2,000 to $20,000 on summary conviction and from $5,000 to $50,000 on conviction on indictment. For most strict liability offences, it raises the maximum fine from $1,000 to $2,000. For registered parties, it raises the maximum fine from $25,000 to $50,000 on summary conviction for strict liability political financing offences and from $25,000 to $100,000 on summary conviction for political financing offences that are committed intentionally. For third parties that are groups or corporations that fail to register as third parties, it raises the maximum fine to $50,000 for strict liability offences and to $100,000 for offences that are committed intentionally and for offences applying primarily to broadcasters, it raises the maximum fine from $25,000 to $50,000.
The enactment amends the Electoral Boundaries Readjustment Act to authorize the Chief Electoral Officer to provide administrative support to electoral boundary commissions. It amends the Telecommunications Act to create new offences relating to voter contact calling services and to allow the Canadian Radio-television and Telecommunications Commission to use the inspection and investigation regime in that Act to administer and enforce part of the voter contact calling services regime in the Canada Elections Act. It amends the Conflict of Interest Act to have that Act apply to the Chief Electoral Officer. It also amends the Director of Public Prosecutions Act to provide that the Director of Public Prosecutions reports on the activities of the Commissioner of Canada Elections.
Finally, the enactment includes transitional provisions that, among other things, provide for the transfer of staff and appropriations from the Office of the Chief Electoral Officer to the Office of the Director of Public Prosecutions to support the Commissioner of Canada Elections.

Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca

2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
BILL C-23
An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Fair Elections Act.
2000, c. 9
CANADA ELECTIONS ACT
Amendments to the Act
2. (1) The definition “Commissioner” in subsection 2(1) of the Canada Elections Act is replaced by the following:
“Commissioner”
« commissaire »
“Commissioner” means the Commissioner of Canada Elections appointed under subsection 509(1).
2003, c. 19, s. 1(1)
(2) The definitions “candidate”, “chief agent”, “election period”, “electoral district agent”, “eligible party”, “leadership campaign agent”, “leadership campaign expense”, “leadership contestant”, “nomina- tion campaign expense”, “nomination contestant”, “official agent”, “registered agent”, “registered association” and “registered party” in subsection 2(1) of the Act are replaced by the following:
“candidate”
« candidat »
“candidate” means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not yet complied with sections 477.59 to 477.72 and 477.8 to 477.84 in respect of that election.
“chief agent”
« agent principal »
“chief agent” means the chief agent named in the application of a political party to become a registered party as required under paragraph 385(2)(h) or a chief agent’s replacement appointed under subsection 400(1).
“election period”
« période électorale »
“election period” means the period beginning with the issue of the writ and ending on polling day or, if the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, on the day that the writ is withdrawn or deemed to be withdrawn.
“electoral district agent”
« agent de circonscription »
“electoral district agent” means a person appointed under subsection 456(1), and includes the financial agent of a registered association.
“eligible party”
« parti admissible »
“eligible party” means a political party that satisfies the criteria for registration set out in section 387.
“leadership campaign agent”
« agent de campagne à la direction »
“leadership campaign agent” means a person appointed under subsection 478.5(1), and includes the financial agent of a leadership contestant.
“leadership campaign expense”
« dépense de campagne à la direction »
“leadership campaign expense” means an expense reasonably incurred by or on behalf of a leadership contestant during a leadership contest as an incidence of the contest, including a personal expense as defined in section 478.
“leadership contestant”
« candidat à la direction »
“leadership contestant” means a person who has been registered in the registry of leadership contestants referred to in section 478.4 in respect of a leadership contest and who, or whose financial agent, has not yet complied with sections 478.8 to 478.97 in respect of that leadership contest.
“nomination campaign expense”
« dépense de campagne d’investiture »
“nomination campaign expense” means an expense reasonably incurred by or on behalf of a nomination contestant during a nomination contest as an incidence of the contest, including a personal expense as defined in section 476.
“nomination contestant”
« candidat à l’investiture »
“nomination contestant” means a person who is named as a nomination contestant under paragraph 476.1(1)(c) in a report filed in accordance with subsection 476.1(1) in respect of a nomination contest and who, or whose financial agent, has not yet complied with sections 476.75 to 476.94 in respect of that nomination contest.
“official agent”
« agent officiel »
“official agent” means a person appointed under subsection 477.1(1) or an official agent’s replacement appointed under section 477.42.
“registered agent”
« agent enregistré »
“registered agent” means a person appointed under subsection 396(1), and includes the chief agent of a registered party.
“registered association”
« association enregistrée »
“registered association” means an electoral district association that is registered in the registry of electoral district associations referred to in section 455.
“registered party”
« parti enregistré »
“registered party” means a political party that is registered in the registry of political parties referred to in section 394 as a registered party.
(3) The definition “contribution monétaire” in subsection 2(1) of the French ver- sion of the Act is replaced by the following:
« contribution monétaire »
monetary contribution
« contribution monétaire » Toute somme d’argent versée et non remboursable.
(4) The definition “election documents” in subsection 2(1) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the prescribed forms referred to in section 162 and any other prescribed form to be used at a polling station that contains personal information relating to an elector.
(5) Paragraph (c) of the definition “judge” in subsection 2(1) of the Act is replaced by the following:
(c) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court of the Province;
(6) Paragraph (e) of the definition “judge” in subsection 2(1) of the Act is replaced by the following:
(e) in relation to the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador;
(7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“capital asset”
« bien immobilisé »
“capital asset” means any property with a commercial value of more than $200 that is normally used outside an election period other than for the purposes of an election.
2006, c. 9, s. 39
(8) Subsection 2(2) of the Act is replaced by the following:
Commercial value of capital assets
(1.1) For the purposes of this Act, the commercial value of any capital asset that is used during an election period is the lower of
(a) the commercial value of the rental of the same kind of asset during the period during which the capital asset was used, and
(b) the commercial value of the same kind of asset if one were purchased.
No commercial value
(2) For the purposes of this Act, other than section 477.9, the commercial value of property or a service is deemed to be nil if
(a) the property or service is provided by a Canadian citizen, or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is not in the business of providing that property or service; and
(b) the commercial value of the property or service is $200 or less.
(9) Section 2 of the Act is amended by adding the following after subsection (5):
Definition of “polling day”
(6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Part 17 and Divisions 1, 2, 4 and 5 of Part 18, “polling day” means the day that the writ is withdrawn or deemed to be withdrawn.
3. Section 13 of the Act is replaced by the following:
Appointment and term of office
13. (1) There shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour for a term of 10 years. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.
No re-appointment
(2) A person who has served as Chief Electoral Officer is not eligible for re-appointment to that office.
4. Paragraph 16(d) of the Act is replaced by the following:
(d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act, other than Division 1.1 of Part 16.1.
5. The Act is amended by adding the following after section 16:
Guidelines and interpretation notes
16.1 (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants.
Application
(2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants.
Consultations
(3) Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 15 days after the day on which the copy is sent.
Comments
(4) The Chief Electoral Officer shall, in preparing the guideline or interpretation note, take into consideration any comments received under subsection (3).
Pre-publication
(5) The Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the guideline or interpretation note as well as a notice stating that the guideline or interpretation note will be issued at the expiry of that period.
Pre-publication — additional requirement
(6) In the case of an application made under subsection (2), the guideline or interpretation note and the notice shall be published under subsection (5) within 60 days after the day on which the application is made. However, if the 60-day period coincides or overlaps with the election period of a general election, they shall be published under subsection (5) no later than 60 days after polling day for that election.
Issuance
(7) On the expiry of the period referred to in subsection (5), the Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4.
Nature of guidelines and interpretation notes
(8) The guidelines and interpretation notes are issued for information purposes only. They are not binding on registered parties, registered associations, nomination contestants, candidates or leadership contestants.
Application for written opinion
16.2 (1) The Chief Electoral Officer shall, in accordance with this section, on applica- tion by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act to an activity or prac-tice that the registered party or a registered association, a nomination contestant, a candidate or a leadership contestant of the registered party proposes to engage in.
Consultations
(2) Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 15 days after the day on which the copy is sent.
Comments
(3) The Chief Electoral Officer shall, in preparing the opinion, take into consideration any comments received under subsection (2).
Pre-publication
(4) Within 60 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 60-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 60 days after polling day for that election.
Issuance
(5) On the expiry of the 30-day period referred to in subsection (4), the Chief Electoral Officer shall issue the opinion by registering it in the registry referred to in section 16.4.
Opinion binding
(6) If all the material facts have been submitted by an applicant for an opinion and they are accurate, the opinion issued by the Chief Electoral Officer under this section is binding on the Chief Electoral Officer and the Commissioner with respect to the activity or practice of the registered party, registered association, nomination contestant, candidate or leadership contestant in question. It remains binding for as long as the material facts on which it was based remain substantially unchanged and the activity or practice is carried out substantially as proposed.
Precedential value
(7) An opinion issued by the Chief Electoral Officer under this section has precedential value for the Chief Electoral Officer and the Commissioner.
Contrary interpretation
(8) The opinion remains binding in accord-ance with subsection (6), and has the prec-edential value referred to in subsection (7), for as long as a contrary interpretation has not been subsequently issued by means of a guideline or interpretation note issued under section 16.1 or an opinion issued under this section.
New interpretation
16.3 An interpretation of a provision of the Act in a guideline or interpretation note that is published under subsection 16.1(5) or in an opinion that is published under subsection 16.2(4) that contradicts an interpretation of that provision provided in a previously issued guideline, interpretation note or opinion does not replace the interpretation in that previously issued guideline, interpretation note or opinion until the date that the guideline or interpretation note is issued under section 16.1 or the opinion is issued under section 16.2.
Registry
16.4 The Chief Electoral Officer shall establish and maintain a registry on his or her Internet site that contains every guideline and interpretation note that is issued under section 16.1, every opinion that is issued under section 16.2 and all comments of the Commissioner that are provided under subsection 16.1(3) or 16.2(2).
5.1 The Act is amended by adding the following before section 17:
Power to disclose documents and information
16.5 (1) The Chief Electoral Officer may disclose to the Commissioner any document or information that he or she has obtained under this Act and that he or she considers useful to the Commissioner in the exercise or perform-ance of his or her powers, duties and functions under this Act.
Obligation to disclose documents and information
(2) On the request of the Commissioner, the Chief Electoral Officer shall disclose to the Commissioner any document or information that the Chief Electoral Officer obtained under this Act and that the Commissioner considers necessary to the exercise or performance of his or her powers, duties and functions under this Act.
2007, c. 21, s. 2
6. Subsections 17(1) and (2) of the Act are replaced by the following:
Power to adapt Act
17. (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.
Limitation — power to adapt
(2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.
7. Section 18 of the Act is replaced by the following:
Public education and information programs
17.1 The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to students at the primary and secondary levels.
Advertising
18. (1) The Chief Electoral Officer may transmit or cause to be transmitted advertising messages, both inside and outside Canada, to inform electors about the exercise of their democratic rights. Such advertising messages shall only address
(a) how to become a candidate;
(b) how an elector may have their name added to a list of electors and may have corrections made to information respecting the elector on the list;
(c) how an elector may vote under section 127 and the times, dates and locations for voting;
(d) how an elector may establish their identity and residence in order to vote, including the pieces of identification that they may use to that end; and
(e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.
Clarification
(1.1) For greater certainty, subsection (1) does not prevent the Chief Electoral Officer from transmitting or causing to be transmitted advertising messages for any other purpose relating to his or her mandate.
Communication with electors with disabilities
(2) The Chief Electoral Officer shall ensure that any information provided under subsection (1) is accessible to electors with disabilities.
Unsolicited calls
(3) The Chief Electoral Officer shall not provide information under this section by the use of calls, as defined in section 348.01, that are unsolicited.
2001, c. 21, s. 2
8. Section 18.1 of the Act is replaced by the following:
International cooperation
18.01 The Chief Electoral Officer may, at the Governor in Council’s request, provide assist- ance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.
Alternative voting process
18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting processes, and may devise and test an alternative voting process for future use in a general election or a by-election. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters or, in the case of an alternative electronic voting process, without the prior approval of the Senate and the House of Commons.
Power to enter into contracts, etc.
18.2 (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name.
Leases
(2) The Chief Electoral Officer may authorize a returning officer to enter into a lease in the Chief Electoral Officer’s name, subject to any terms and conditions that the Chief Electoral Officer specifies.
Contracts, etc., binding on Her Majesty
(3) Every contract, memorandum of understanding and arrangement entered into in the Chief Electoral Officer’s name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Chief Electoral Officer.
Goods and services
(4) Despite section 9 of the Department of Public Works and Government Services Act, the Chief Electoral Officer may procure goods and services from outside the federal public administration.
9. The Act is amended by adding the following after section 18.2:
Signature
18.3 A requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer au- thorizes.
10. Section 20 of the Act is replaced by the following:
Technical assistance
20. (1) The Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses.
Casual and temporary staff
(2) Any additional officers, clerks and employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.
11. The Act is amended by adding the following after section 21:
Advisory Committee of Political Parties
Establishment
21.1 (1) A committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader.
Purpose
(2) The purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing.
Advice and recommendations not binding
(3) The committee’s advice and recommendations are not binding on the Chief Electoral Officer.
Meetings
(4) The committee shall meet at least once a year and its meetings shall be presided over by the Chief Electoral Officer.
12. (1) Paragraph 22(1)(a) of the Act is replaced by the following:
(a) field liaison officers appointed under section 23.2;
(a.1) returning officers appointed under subsection 24(1);
(2) Subsection 22(1) of the Act is amended by adding the following after paragraph (g):
(g.1) persons appointed under section 32.1;
13. The Act is amended by adding the following after section 23:
Unsolicited calls
23.1 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.
Field Liaison Officers
Appointment of field liaison officers
23.2 (1) The Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.
Qualifications
(2) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as field liaison officers and shall establish for field liaison officers an external appointment process as defined in subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (9).
Meaning of merit
(3) The appointment of a person as a field liaison officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to
(a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and
(b) any current or future operational requirements.
Period of appointment
(4) A field liaison officer shall be appointed for the period determined by the Chief Electoral Officer.
Re-appointment
(5) The Chief Electoral Officer may re-appoint any field liaison officer who has performed the functions of a field liaison officer in a satisfactory manner, regardless of whether or not other persons are considered for the appointment.
Continuation in office
(6) A field liaison officer may, with the Chief Electoral Officer’s approval, continue in office after the expiry of the period referred to in subsection (4) until the field liaison officer is re-appointed or another person is appointed to the office.
Responsibilities
(7) A field liaison officer is responsible, under the Chief Electoral Officer’s general direction, in respect of the geographical area to which they are assigned, for
(a) providing support to returning officers;
(b) acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; and
(c) on the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.
No partisan conduct
(8) No field liaison officer shall knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.
Removal from office
(9) The Chief Electoral Officer may remove from office any field liaison officer who
(a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing their duties and functions under this Act;
(b) fails to discharge competently a field liaison officer’s duties and functions under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or
(c) contravenes subsection (8), whether or not the contravention occurs in the perform- ance of their duties and functions under this Act.
2003, c. 19, s. 2
14. (1) Subsection 24(6) of the Act is replaced by the following:
No partisan conduct
(6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.
(2) Section 24 of the Act is amended by adding the following after subsection (7):
Temporary suspension
(8) During an election period, the Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).
Duration of suspension
(9) The period of suspension expires on the day that is 120 days after the end of the election period, or at the end of any shorter period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the pe-riod of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.
15. Subsection 27(1) of the Act is replaced by the following:
Delegation
27. (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to perform any of the duties or functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 63 and 67, subsections 71(1) and 72(1), sections 74, 77, 103, 104, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.
16. (1) Section 28 of the Act is amended by adding the following after subsection (3):
Designated person to act
(3.01) If a returning officer is under suspension during an election period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, perform the duties and functions of a returning officer in relation to that election.
2006, c. 9, s. 176
(2) Subsection 28(3.1) of the French version of the Act is replaced by the following:
Exercice de l’intérim par une autre personne
(3.1) En cas d’absence ou d’empêchement du directeur du scrutin et du directeur adjoint du scrutin, ou de vacance simultanée de leurs postes, pendant la période électorale, le directeur général des élections désigne une personne pour assurer l’intérim à l’égard de l’élection, tant pendant qu’après cette période.
17. The Act is amended by adding the following after section 32:
Additional election officers
32.1 After the issue of the writ, a returning officer may, with the Chief Electoral Officer’s approval, in the prescribed form, appoint any other person whose attendance is, in the returning officer’s opinion, necessary for the conduct of the vote or the counting of the votes at a polling station or an advance polling station, and may assign to that person any duties or functions that the returning officer considers to be appropriate.
18. Subsection 34(1) of the Act is replaced by the following:
Deputy returning officers
34. (1) Each deputy returning officer referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished first in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.
19. Subsection 35(1) of the Act is replaced by the following:
Poll clerks
35. (1) Each poll clerk referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished second in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.
20. Sections 36 and 37 of the Act are replaced by the following:
Appointment
36. A returning officer shall proceed to appoint deputy returning officers and poll clerks from other sources if, by the 24th day before polling day, none of the candidate, the registered association and the registered party has made a recommendation or all three have not, as a group, recommended a sufficient number of suitable persons.
Refusal to appoint
37. (1) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a candidate, a registered association or a registered party and shall immediately advise the candidate, registered association or registered party of the refusal.
Recommendation of another person
(2) If as a result of the refusal a position is not filled, the candidate, registered association or registered party may, within 24 hours after being advised of the refusal, recommend another person and, if no one is recommended, the returning officer shall proceed to appoint another person whose name is solicited from another source.
21. Subsections 39(3) and (4) of the Act are replaced by the following:
Solicitation of names
(3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the candidates of the registered parties whose candidates finished first and second in the last election in the electoral district or from registered associations of those registered parties or, if there are no registered associations, from those registered parties. If, by the 24th day before polling day, a sufficient number of names of suitable persons is not provided by those candidates, registered associations or registered parties, the returning officer may solicit names from other sources.
Equal distribution of appointments
(4) The returning officer shall, as far as possible,
(a) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished first in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party; and
(b) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished second in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party.
If the candidate, registered association and registered party do not, as a group, provide a sufficient number of names of suitable persons, the registered party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.
22. (1) Subsection 41(1) of the Act is replaced by the following:
Results transposed
41. (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties’ candidates, registered associations or registered parties have the right to provide the returning officer for that electoral district with lists of persons to be appointed as election officers.
(2) Subsection 41(4) of the Act is replaced by the following:
Notice
(4) When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), (2) or (3), he or she shall notify those registered parties without delay of that right.
23. (1) Subsection 52(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) is under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized represent- ative under the regime requests in writing that the person’s name be deleted.
(2) Section 52 of the Act is amended by adding the following after subsection (1):
Conditions
(1.1) A person’s name may be deleted under paragraph (1)(d) only if the authorized representative has provided the Chief Electoral Officer with a copy of the court order and satisfactory proof of that representative’s identity.
24. Paragraphs 64(2)(a) and (b) of the Act are replaced by the following:
(a) the name and political affiliation, if any, of each candidate, as stated in the nomination papers, in the order in which their names are to be placed on the ballots;
(b) the name of the official agent for each candidate, as stated in the nomination papers; and
25. Paragraph 65(i) of the Act is replaced by the following:
(i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired.
26. (1) Subparagraph 66(1)(a)(iv) of the Act is replaced by the following:
(iv) the name, address and occupation of the prospective candidate’s auditor appointed under subsection 477.1(2), and
(2) Paragraph 66(2)(b) of the French version of the Act is replaced by the following:
b) un ou plusieurs des prénoms peuvent être remplacés par un surnom — sauf un surnom susceptible d’être confondu avec le nom d’un parti politique — sous lequel la personne qui désire se porter candidat est publiquement connue et, dans ce cas, le surnom peut être accompagné des initiales du ou des prénoms;
(3) Subsection 66(3) of the Act is replaced by the following:
Public knowledge of nickname
(3) A prospective candidate who uses a nickname described in paragraph (2)(b) in his or her nomination paper shall, if the returning officer requests it, provide the returning officer with documents that are determined by the Chief Electoral Officer to be evidence of the common public knowledge of the nickname.
2001, c. 21, s. 8
27. Paragraph 67(4)(c) of the Act is replaced by the following:
(c) if applicable, an instrument in writing, signed by the leader of the political party or by a person referred to in subsection 406(2), that states that the prospective candidate is endorsed by the party in accordance with section 68.
28. Subsection 73(2) of the French version of the Act is replaced by the following:
Sanction
(2) Si les originaux ne parviennent pas au directeur du scrutin dans le délai fixé, la candidature est annulée sauf si l’intéressé convainc celui-ci qu’il a pris les mesures raisonnables pour acheminer les originaux dans ce délai.
2003, c. 19, ss. 3 and 4
29. The heading before section 82 and sections 82 to 88 of the Act are repealed.
30. Section 90 of the Act is repealed.
2006, c. 9, s. 40
31. The heading before section 92.1 and sections 92.1 to 92.6 of the Act are repealed.
32. Section 95 of the Act is amended by adding the following after subsection (3):
Change in polling station address
(4) If, on or before the 5th day before polling day, there is a change in the address of the polling station of an elector to whom a notice of confirmation of registration has been sent, the returning officer shall send another notice to the elector indicating the new address.
33. Section 96 of the Act is renumbered as subsection 96(1) and is amended by adding the following:
Cancellation of by-election
(2) If a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, any revisions that are made to the preliminary lists of electors before the deemed withdrawal are deemed to have been approved by the returning officer or the assistant returning officer on the day fixed by the Chief Electoral Officer under subsection (1) as the beginning date for the revision of the preliminary lists of electors.
34. Section 98 of the Act is replaced by the following:
Revision offices
98. The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access.
35. (1) Section 101 of the Act is amended by adding the following after subsection (1):
Prescribed registration form
(1.01) The prescribed registration form shall include a statement, to be signed by the elector who completes the form, that the elector whose name is to be added to the preliminary list of electors under subsection (1) is qualified as an elector.
(2) Subsection 101(3) of the Act is replaced by the following:
Change of address
(3) The previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (d) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector’s name shall then be deleted from the Register of Electors in relation to the previous address.
36. Section 106 of the Act is replaced by the following:
Official list of electors
106. Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.
2007, c. 21, s. 18
37. Subsections 107(2) and (3) of the Act are replaced by the following:
Transmittal of list
(2) Each returning officer shall deliver to each deputy returning officer the revised list of electors or official list of electors, as the case may be, that the deputy returning officer needs to conduct the vote in his or her respective advance polling station or polling station. The list shall indicate each elector’s sex and year of birth.
Transmittal to candidates
(3) Each returning officer shall deliver to each candidate a printed copy and a copy in electronic form of a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s sex or year of birth.
38. Subsection 110(1) of the Act is replaced by the following:
Registered parties
110. (1) A registered party that, under section 45, subsection 93(1.1) or section 109, receives a copy of lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
Eligible parties
(1.1) An eligible party that, under subsection 93(1.1), receives a copy of preliminary lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
39. (1) Section 111 of the Act is amended by adding the following after paragraph (d):
(d.1) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;
(2) Subparagraph 111(f)(i) of the Act is replaced by the following:
(i) to enable registered parties, eligible parties, members or candidates to communicate with electors in accordance with section 110, or
2001, c. 21, s. 12
40. The portion of subsection 117(2) of the Act before paragraph (a) is replaced by the following:
Name of party
(2) The name, in the form referred to in paragraph 385(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if
41. Paragraph 119(1)(g) of the Act is replaced by the following:
(g) a ballot box for polling day and a separate ballot box for each day of advance polling;
42. Subsection 123(2) of the Act is replaced by the following:
Maximum
(2) A returning officer shall not group together more than 10 polling stations in a central polling place without the Chief Electoral Officer’s prior approval.
43. The Act is amended by adding the following after section 125:
Information — location of polling stations
125.1 (1) The returning officer for an electoral district shall in writing inform each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district of the addresses of all of the polling stations in the electoral district. That information shall be provided on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, and the returning officer shall at the same time provide them with the information in electronic form.
Notification of change — on or before 5th day before polling day
(2) If, on or before the 5th day before polling day, there is a change in any of the addresses of the polling stations in the electoral district, the returning officer shall without delay notify the candidates and the political parties in writing of the change. He or she shall at the same time provide them with the information in electronic form.
Notification of change — after 5th day before polling day
(3) If, after the 5th day before polling day, there is a change in any of the addresses of the polling stations in the electoral district, the returning officer shall without delay notify the candidates and the political parties of the change.
44. (1) Subsection 135(1) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (f):
(g) any person appointed under section 32.1; and
(h) if the polling station is established for a polling division of an electoral district in which a leader of a registered party is a candidate, any media representative who, subject to any conditions that the Chief Electoral Officer considers necessary to protect the integrity of the vote and the privacy of any person present at the polling station, is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any video recording of the candidates as they cast their votes.
(2) Section 135 of the Act is amended by adding the following after subsection (4):
Oath
(5) A candidate’s representative who is appointed to more than one polling station, whether those polling stations are placed together in a central polling place or not, shall, before being admitted to the first polling station, take an oath in the prescribed form before the central poll supervisor or before the deputy returning officer of that polling station. The representative is not required to take another oath on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already taken the oath.
45. (1) Section 136 of the Act is amended by adding the following after subsection (2):
Moving between polling stations
(2.1) Despite subsection (2), a candidate’s representative may, either before or after the counting of the votes begins, go from one polling station to another if those polling stations are in the same polling place. However, once the representative leaves the polling place, he or she is not permitted to return after the counting of the votes begins.
(2) Subsection 136(4) of the Act is replaced by the following:
Photographs, recordings and communications devices
(4) A candidate’s representative
(a) shall not take any photograph or make any audio or video recording at a polling station; and
(b) shall not, if he or she uses a communications device at a polling station, impede any elector from exercising their right to vote or violate the secrecy of the vote.
2007, c. 21, s. 21
46. (1) The portion of subsection 143(2) of the Act before paragraph (a) is replaced by the following:
Proof of identity and residence
(2) If the poll clerk determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then the elector shall provide the deputy returning officer and the poll clerk with the following proof of the elector’s identity and, subject to subsection (3), his or her residence:
2007, c. 21, s. 21
(2) Paragraph 143(2)(b) of the Act is replaced by the following:
(b) two pieces of identification of a type authorized under subsection (2.1), each of which establishes the elector’s name and at least one of which establishes the elector’s address.
2007, c. 21, s. 21
(3) Subsection 143(2.1) of the Act is replaced by the following:
Authorized types of identification
(2.1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document — other than a notice of confirmation of registration sent under section 95 or 102 — regardless of who issued the document, may be authorized.
2007, c. 21, s. 21
(4) Subsection 143(3) of the Act is replaced by the following:
Alternative proof of residence
(3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.1) that establish the elector’s name may instead prove his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 143.1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division who
(a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and
(b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
(i) they have received the oral advice set out in subsection 143.1(2),
(ii) they know the elector personally,
(iii) they know that the elector resides in the polling division,
(iv) they have not attested to the residence of another elector at the election, and
(v) their own residence has not been attested to by another elector at the election.
2007, c. 21, s. 21
(5) Section 143 of the Act is amended by adding the following after subsection (3.2):
Examination of identification documents
(3.3) A candidate or their representative may examine but not handle any piece of identification presented under this section.
2007, c. 21, s. 21
(6) Subsections 143(5) and (6) of the Act are replaced by the following:
Prohibition — attesting to residence of more than one elector
(5) No elector shall attest to the residence of more than one elector at an election.
Prohibition — attesting to residence (own residence attested to)
(6) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.
2007, c. 21, s. 21
47. Section 143.1 of the Act is replaced by the following:
Requirement before administering oath — elector
143.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).
Requirement before administering oath — attesting to residence
(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 143(5) or (6) or 549(3).
2007, c. 21, s. 22
48. Sections 147 and 148 of the Act are replaced by the following:
Person in whose name another has voted
147. If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes an oath in writing in the prescribed form. The form is to state the penalty that may be imposed under this Act on a person who is found guilty of requesting a second ballot at an election contrary to section 7 or of applying for a ballot in a name that is not his or her own contrary to paragraph 167(1)(a).
Name crossed off list in error
148. If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147 in writing.
2007, c. 21, s. 22
49. Subsection 148.1(1) of the Act is replaced by the following:
Failure to prove identity or residence
148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote.
2007, c. 21, s. 26(1)
50. (1) The portion of subsection 161(1) of the French version of the Act before paragraph (a) is replaced by the following:
Inscription le jour du scrutin
161. (1) L’électeur dont le nom ne figure pas déjà sur la liste électorale peut, le jour du scrutin, s’inscrire en personne :
2007, c. 37, s. 2
(1.1) Paragraphs 161(1)(a) and (b) of the Act are replaced by the following:
(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or
(b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 161.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who
(i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
(ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
(A) they have received the oral advice set out in subsection 161.1(2),
(B) they know the elector personally,
(C) they know that the elector resides in the polling division,
(D) they have not attested to the residence of another elector at the election, and
(E) their own residence has not been attested to by another elector at the election.
(2) Section 161 of the Act is amended by adding the following after subsection (3):
Examination of identification documents
(3.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.
(3) Subsection 161(4) of the Act is replaced by the following:
Registration certificate
(4) If the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a statement by the elector that he or she is qualified as an elector under section 3.
(4) Section 161 of the Act is amended by adding the following after subsection (5):
Prohibition — registration on polling day
(5.1) It is prohibited for any person to
(a) knowingly apply to be registered on polling day in a name that is not their own;
(b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;
(c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or
(d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.
2007, c. 21, s. 26(2)
(5) Subsections 161(6) and (7) of the Act are replaced by the following:
Prohibition — attesting to residence of more than one elector
(6) No elector shall attest to the residence of more than one elector at an election.
Prohibition — attesting to residence (own residence attested to)
(7) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.
2007, c. 21, s. 27
51. Section 161.1 of the Act is replaced by the following:
Requirement before administering oath — elector
161.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).
Requirement before administering oath — attesting to residence
(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 161(6) or (7) or 549(3).
2007, c. 21, s. 28
52. Paragraphs 162(i.1) and (i.2) of the Act are replaced by the following:
(i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;
(i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s represent-ative; and
53. The Act is amended by adding the following after section 164:
Audit
Engagement of auditor
164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether deputy returning officers, poll clerks and registration officers have, on all days of advance polling and on polling day, properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 143 to 149, 161 to 162 and 169.
2007, c. 21, s. 30(1)
54. (1) The portion of subsection 169(2) of the French version of the Act before paragraph (a) is replaced by the following:
Conditions
(2) Il ne peut toutefois être inscrit que si :
2007, c. 37, s. 3
(1.1) Paragraphs 169(2)(a) and (b) of the Act are replaced by the following:
(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or
(b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 169.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who
(i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
(ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
(A) they have received the oral advice set out in subsection 169.1(2),
(B) they know the elector personally,
(C) they know that the elector resides in the polling division,
(D) they have not attested to the residence of another elector at the election, and
(E) their own residence has not been attested to by another elector at the election.
(1.2) Section 169 of the Act is amended by adding the following after subsection (2):
Examination of identification documents
(2.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.
(2) Subsection 169(3) of the Act is replaced by the following:
Registration certificate
(3) If the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a statement by the elector that he or she is qualified as an elector under section 3.
(3) Section 169 of the Act is amended by adding the following after subsection (4):
Prohibition — registration at advance polling station
(4.1) It is prohibited for any person to
(a) knowingly apply to be registered at an advance polling station in a name that is not their own;
(b) knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;
(c) apply to be registered at an advance polling station to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or
(d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person at an advance polling station.
2007, c. 21, s. 30(2)
(4) Subsections 169(5) and (6) of the Act are replaced by the following:
Prohibition — attesting to residence of more than one elector
(5) No elector shall attest to the residence of more than one elector at an election.
Prohibition — attesting to residence (own residence attested to)
(6) No elector whose residence has been attested to at an election shall attest to another elector’s residence at that election.
2007, c. 21, s. 31
55. Section 169.1 of the Act is replaced by the following:
Requirement before administering oath — elector
169.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).
Requirement before administering oath — attesting to residence
(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 169(5) or (6) or 549(3).
56. Subsection 171(2) of the Act is replaced by the following:
When advance polling stations to be open
(2) An advance polling station shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day.
2007, c. 21, s. 33
57. Paragraph 174(1)(a) of the Act is replaced by the following:
(a) the elector fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act; or
58. (1) The portion of subsection 175(1) of the Act before paragraph (b) is replaced by the following:
Examining and sealing of ballot box
175. (1) At the opening of an advance polling station at noon on each of the four days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
(a) open the ballot box provided for that day and ascertain that it is empty;
(2) The portion of subsection 175(2) of the Act before paragraph (a) is replaced by the following:
Close of advance poll — each day
(2) At the close of an advance polling station at 8:00 p.m. on each of the 1st, 2nd and 3rd days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
(3) Subsection 175(2) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:
(e) place the envelopes referred to in paragraphs (b) and (c) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box; and
(f) after the signatures have been made as described in subsection (4), place the enve- lope referred to in paragraph (d) in a box provided by the Chief Electoral Officer and seal the box with a seal provided by the Chief Electoral Officer.
(4) Subsections 175(3) to (6) of the Act are replaced by the following:
Close of advance poll — last day
(3) At the close of an advance polling station at 8:00 p.m. on the 4th day of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
(a) unseal and open the ballot box;
(b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;
(c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;
(d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; and
(e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box.
Affixing of signatures
(4) The deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d) and (3)(b) to (d). The candidates or their representatives who are present may also place their signatures on the seals.
Re-opening of advance poll
(5) At the re-opening of an advance polling station at noon on the 2nd, 3rd and 4th days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
(a) unseal and open the box referred to in paragraph (2)(f) that was used on the previous day of advance polling, take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station and dispose of the box; and
(b) open, seal and place a new ballot box in accordance with paragraphs (1)(a) to (c).
Custody of ballot box
(6) In the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, the deputy returning officer shall keep the sealed ballot boxes in his or her custody.
Recovery of ballot box
(7) Despite subsection (6), the returning officer may recover any ballot box that is in a deputy returning officer’s custody if the Chief Electoral Officer, being of the opinion that such action is necessary to ensure the integrity of the vote, directs the returning officer to do so.
Candidates may check seals
(8) When an advance polling station closes on each of the four days of advance polling, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and on the box referred to in paragraph (2)(f) that is used on that day, if any. When the advance polling station is re-opened on the 2nd, 3rd and 4th days of advance polling, they may again take note of the serial number of the seal on the box referred to in paragraph (2)(f) that was used on the previous day of voting. When the votes are counted on polling day, they may take note of the serial number of the seal on each of the ballot boxes used for advance polling.
59. Subsection 233(3) of the Act is replaced by the following:
Information provided
(3) An elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors.
60. Section 237 of the Act is replaced by the following:
Provision of ballot
237. Subject to section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot, an inner envelope and an outer envelope.
Proof of identity and residence
237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.
Presence of candidate or representative
(2) A candidate or their representative may be present at the office when the elector
(a) receives the ballot;
(b) places the folded ballot in the inner envelope and seals it; and
(c) places the inner envelope in the outer envelope and seals it.
Examination of identification documents
(3) The candidate or representative may examine but not handle any piece of identification provided by the elector.
Prohibition — attesting to residence of more than one elector
(3.1) No elector shall attest to the residence of more than one elector at an election.
Prohibition — attesting to residence (own residence attested to)
(3.2) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.
Application of provisions
(4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:
(a) sections 135 to 137;
(b) sections 143 and 144;
(c) subsection 164(1);
(d) section 166; and
(e) paragraph 489(3)(c).
61. (1) Subsection 283(1) of the Act is replaced by the following:
Counting the votes
283. (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk, any person appointed under section 32.1 whose duties include being present at the count and any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.
(2) Paragraph 283(3)(a) of the Act is replaced by the following:
(a) count the number of electors who voted at the polling station, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election in this polling station is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;
(3) Paragraph 283(3)(d) of the Act is replaced by the following:
(d) total the number of electors indicated under paragraph (a) who voted at the pol- ling station and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;
62. The Act is amended by adding the following after section 288:
Oaths
288.01 The deputy returning officer shall place the form for each oath taken under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.
Periodic statements of electors who voted
288.1 The deputy returning officer shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.
63. Subsection 289(2) of the Act is replaced by the following:
Application of rules for counting votes
(2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll except that
(a) for the application of paragraph 283(3)(e), the deputy returning officer shall open the ballot boxes and empty their contents onto a table; and
(b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.
64. Subsection 290(1) of the Act is replaced by the following:
Sending ballot boxes and envelopes to returning officer
290. (1) The deputy returning officer for a polling station or an advance polling station shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of the deputy returning officer for a polling station, the envelope referred to in section 288.1 to the returning officer.
65. Section 291 of the Act is replaced by the following:
Provision of documents
291. A returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, with
(a) one copy of each statement of the vote in respect of the candidate’s electoral district; and
(b) one copy of the documents prepared under paragraph 162(i.1).
66. The Act is amended by adding the following after section 292:
List of oath-takers
292.1 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who took an oath under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.
67. Subsection 301(1) of the Act is replaced by the following:
Application for recount
301. (1) An elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, apply to a judge for a recount.
68. Section 303 of the Act is repealed.
69. Subsection 304(3) of the Act is replaced by the following:
Procedure for certain recounts
(3) In the case of a recount conducted by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.
70. Section 308 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) return to the returning officer the election documents or other election materials brought for the purpose of the recount under subsection 300(4) and deliver to him or her the reports created in the course of the recount.
71. (1) Paragraph 311(1)(c) of the Act is replaced by the following:
(c) in the Province of Nova Scotia, British Columbia or Prince Edward Island, to a judge of the Supreme Court of the Province;
(2) Paragraph 311(1)(e) of the Act is replaced by the following:
(e) in the Province of Newfoundland and Labrador, to a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador.
72. The definition “election advertising” in section 319 of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the making of telephone calls to electors only to encourage them to vote.
73. Section 329 of the Act and the heading before it are repealed.
74. Subsection 345(3) of the Act is replaced by the following:
Free time not election expense
(3) The value of free broadcasting time made available to a registered party under this section shall not be taken into consideration in calculating its election expenses within the meaning of section 376.
75. The Act is amended by adding the following after section 348:
PART 16.1
VOTER CONTACT CALLING SERVICES
Division 1
Interpretation
Definitions
348.01 The following definitions apply in this Part.
“automatic dialing-announcing device”
« composeur-messager automatique »
“automatic dialing-announcing device” means any automatic equipment that has the capability to store or produce telephone numbers and that is used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to those telephone numbers.
“call”
« appel »
“call” means any of the following types of calls that are made to telephone numbers:
(a) live voice calls;
(b) calls made by means of an automatic dialing-announcing device;
(c) calls that consist of a combination of the types of calls referred to in paragraphs (a) and (b).
“calling service provider”
« fournisseur de services d’appel »
“calling service provider” means a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group.
“group”
« groupe »
“group” means a registered party, registered association, unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.
“internal services”
« services internes »
“internal services” means
(a) in relation to a group, the services provided by its members or employees, and those provided to it free of charge by any individual;
(b) in relation to a candidate, a nomination contestant or a third party who is an individual, the services provided by them personally or by their employees and those provided free of charge to the candidate, contestant or third party by any individual; and
(c) in relation to a third party that is a corporation, the services provided by its employees and those provided to it free of charge by any individual.
“official representative”
« représentant officiel »
“official representative” means
(a) in the case of a registered party, its chief agent;
(b) in the case of a registered association, its financial agent;
(c) in the case of a candidate, their official agent;
(d) in the case of a nomination contestant, their financial agent;
(e) in the case of a registered third party, its financial agent;
(f) in the case of an unregistered third party that is a corporation, the officer of the corporation who has signing authority for it; and
(g) in the case of an unregistered third party that is a group, a person who is responsible for the group.
“registered third party”
« tiers enregistré »
“registered third party” means a third party that is registered under section 353.
“third party”
« tiers »
“third party” means a person or a group, other than a registered party, registered association, candidate or nomination contestant.
“voter contact calling services”
« services d’appels aux électeurs »
“voter contact calling services” means services involving the making of calls during an election period for any purpose related to an election, including
(a) promoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated;
(b) encouraging electors to vote or to refrain from voting;
(c) providing information about the election, including information about voting hours and the location of polling stations;
(d) gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; and
(e) raising funds for a registered party, a registered association, a candidate or a nomination contestant.
76. The Act is amended by adding the following after section 348.01:
Division 1.1
Provision of Voter Contact Calling Services
Agreements Relating to Voter Contact Calling Services
Prohibition — entering into agreement with calling service provider
348.02 A person or group shall not enter into an agreement with a calling service provider for voter contact calling services unless
(a) the person or group is a registered party, a registered association, a nomination contestant or a registered third party, or an unregistered third party that is a corporation or group, and the agreement is entered into on behalf of the person or group by the person’s or group’s official representative;
(b) the person is a candidate and the agreement is entered into in their own name or on their behalf by their official representative or by a person that their official representative has so authorized in writing; or
(c) the person is an unregistered third party who is an individual and the agreement is entered into in their own name.
Obligation to inform
348.03 Before a person enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, the person shall inform the calling service provider that the agreement is for voter contact calling services and shall provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.
Obligation to obtain identification information
348.04 (1) Before a calling service provider enters into an agreement with a person or group to provide voter contact calling services, the calling service provider shall obtain from the person who is to enter into the agreement, either in their own name or on behalf of the person or a group, their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.
Obligation to keep identification information
(2) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.
Obligation to confirm nature of services
348.05 (1) A calling service provider that enters into an agreement to make calls for or on behalf of a person or group shall, before the first call is made under the agreement during an election period, ask the person or group whether the making of calls under the agreement would constitute voter contact calling services.
Obligation to authorize, etc.
(2) If the making of calls under the agreement does constitute voter contact calling services, a person who is authorized under section 348.02 to enter into an agreement for voter contact calling services with respect to the person or group in question shall, before the first call is made, authorize the provision of voter contact calling services under the agreement and provide the calling service provider with their name, address and telephone number and a copy of a piece of identification au- thorized by the Canadian Radio-television and Telecommunications Commission that contains their name.
Obligation to obtain identification information
(3) If the making of calls under the agreement does constitute voter contact calling services, the calling service provider shall, before the first call is made, obtain from the person who provides the authorization in accordance with subsection (2) that person’s name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains that person’s name.
Obligation to keep identification information
(4) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.
Filing Obligations — Registration Notices
Obligation to file registration notice
348.06 (1) A calling service provider that, in accordance with an agreement, provides voter contact calling services shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.
Time for filing and contents
(2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out
(a) the calling service provider’s name;
(b) the name of the person or group with which the calling service provider has entered into the agreement; and
(c) the type of calls to be made under the agreement.
Obligation to file registration notice — agreement
348.07 (1) A person who enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, or a person who provides an authorization of the provision of voter contact calling services under an agreement in accordance with subsection 348.05(2), as the case may be, shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.
Time for filing and contents
(2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out
(a) the calling service provider’s name;
(b) the name of the person or group with which the calling service provider has entered into the agreement; and
(c) the type of calls to be made under the agreement.
Obligation to provide copy of identification document
(3) The person who files the registration notice shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.
Deeming
(4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.
Obligation to file registration notice — live voice calls
348.08 (1) If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the third party’s official representative shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.
Time for filing and contents
(2) The registration notice shall be filed not later than 48 hours after the first live voice call is made and shall set out
(a) the third party’s name;
(b) the name, address and telephone number of the official representative; and
(c) a statement that the third party is making live voice calls.
Obligation to provide copy of identification document
(3) The official representative shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.
Deeming
(4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.
Obligation to file registration notice — other calls
348.09 (1) If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the official representative of the person or group — or the person themselves, if the person is an unregistered third party who is an individual — shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.
Time for filing and contents
(2) The registration notice shall be filed not later than 48 hours after the first call is made and shall set out
(a) the name of the person or group;
(b) the name, address and telephone number of the official representative or individual; and
(c) a statement that the person or group is making calls by means of an automatic dialing-announcing device.
Obligation to provide copy of identification document
(3) The official representative or individual shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.
Deeming
(4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.
Role of the Canadian Radio-television and Telecommunications Commission
Administration and enforcement
348.1 (1) The Canadian Radio-television and Telecommunications Commission is responsible for the administration and enforcement of this Division.
Telecommunications Act
(2) The administration and enforcement of this Division are to be carried out under Part V of the Telecommunications Act.
Registry
348.11 The Canadian Radio-television and Telecommunications Commission is responsible for establishing and maintaining a registry, to be known as the Voter Contact Registry, in which all documents provided to it under sections 348.06 to 348.09 are to be kept.
Publication
348.12 As soon as feasible after the expiry of 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.
Delegation
348.13 (1) The Canadian Radio-television and Telecommunications Commission may, in writing and on any terms it specifies, delegate to any person any of the powers, duties and functions referred to in sections 348.11 and 348.12.
Revocation
(2) The Commission may, in writing, revoke a delegation made under subsection (1).
Authorization of types of identification
348.14 The Canadian Radio-television and Telecommunications Commission may authorize the types of pieces of identification and of copies of such pieces of identification for the purposes of sections 348.03 to 348.05 and 348.07 to 348.09.
Disclosure to Commissioner
348.15 The Canadian Radio-television and Telecommunications Commission shall, on the request of the Commissioner, disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.
77. The Act is amended by adding the following before Part 17:
Division 2
Scripts and Recordings
Calling service provider — agreement
348.16 Every calling service provider that, in accordance with an agreement, provides voter contact calling services shall keep, for three years after the end of the election period,
(a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and
(b) a recording of each unique message conveyed by an automatic dialing-announc- ing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.
Person or group — agreement
348.17 Every person or group that enters into an agreement with a calling service provider under which voter contact calling services are provided shall keep, for one year after the end of the election period,
(a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and
(b) a recording of each unique message conveyed by an automatic dialing-announc- ing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.
Person or group — internal services
348.18 If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announc- ing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the person or group shall keep a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed, for one year after the end of the election period.
Third party that is corporation or group — internal services
348.19 If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the third party shall, if a script is used, keep a copy of each unique script used and a record of every date on which the script was used, for one year after the end of the election period.
78. (1) Subsection 350(1) of the Act is replaced by the following:
Spending limit
350. (1) Subject to section 351.1, a third party shall not incur election advertising expenses of a total amount of more than $150,000 in relation to a general election.
(2) Subsections 350(4) and (5) of the Act are replaced by the following:
Spending limit — by-election
(4) Subject to section 351.1, a third party shall not incur election advertising expenses of a total amount of more than $3,000 in a given electoral district in relation to a by-election.
Uncancellable spending
(4.1) If a general election is held on a date other than one set out in subsection 56.1(2) or section 56.2, or if a by-election is held, a third party does not incur an election advertising expense if, on the issue of the writ or writs, it is not able to cancel the transmission of that advertising.
Third party inflation adjustment factor
(5) The amounts referred to in subsections (1), (2) and (4) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the issue of the writ or writs.
Election period longer than 37 days
(6) If an election period is longer than 37 days, then the amounts referred to in subsections (1), (2) and (4) are increased by adding to them the product of
(a) one thirty-seventh of the amount referred to in subsection (1), (2) or (4), as the case may be, and
(b) the number of days in the election period minus 37.
78.1 The Act is amended by adding the following after section 351:
Prohibition — foreign third parties
351.1 A third party shall not incur election advertising expenses of a total amount of $500 or more in relation to a general election or a by-election, or, if the election periods of two or more by-elections overlap with each other in whole or in part, in relation to those by-elections, unless
(a) if the third party is an individual, the individual
(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;
(b) if the third party is a corporation, it carries on business in Canada; and
(c) if the third party is a group, a 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.
Clarification
351.2 For greater certainty, for the purposes of subsections 350(1) and (4) and section 351.1 if election advertising is transmitted during an election period, it shall be considered an election advertising expense, regardless of when it was incurred.
79. (1) Subsection 353(1) of the Act is replaced by the following:
Registration requirement for third parties
353. (1) Subject to section 351.1, a third party shall register immediately after having incurred election advertising expenses of a total amount of $500 and may not register before the issue of the writ.
(2) Paragraphs 353(2)(a) and (b) of the Act are replaced by the following:
(a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their certification 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 certification that the corporation carries on business in Canada;
(b.1) 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 certification 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;
2006, c. 9, s. 46(1)
80. (1) Paragraphs 405(1)(a) to (c) of the Act are replaced by the following:
(a) $1,500 in total in any calendar year to a particular registered party;
(a.1) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(b) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
(c) $1,500 in total to the leadership contestants in a particular leadership contest.
2003, c. 19, s. 25
(2) Subsection 405(2) of the Act is replaced by the following:
Testamentary dispositions
(2) A contribution may be made by way of a testamentary disposition if the contribution is made only in one calendar year and does not cause the contributor to exceed the relevant limit under subsection (1), taking into account any contributions that the contributor made before their death.
Non-conforming testamentary dispositions read down
(2.1) A testamentary disposition that provides for a contribution that would cause the contributor to exceed the relevant limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the contribution to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one calendar year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those calendar years.
2003, c. 19, s. 25; 2006, c. 9, s. 46(3)
(3) Subsection 405(4) of the Act is replaced by the following:
Exception — nomination contestant’s contributions to own campaign
(4) Contributions that do not exceed $1,000 in total by a nomination contestant out of their own funds to their own campaign as a nomination contestant do not count towards the nomination contestant’s contributions for the purposes of paragraph (1)(a.1).
Contributions — candidates and leadership contestants
(4.1) Subject to subsection (4.2), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.
Exception — certain contributions to own campaign
(4.2) The following contributions are permitted:
(a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and
(b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.
Contributions under subsection (1) not affected
(4.3) Contributions made under subsection (4.2) do not have the effect of limiting the amounts that the candidate or leadership contestant, as the case may be, may contribute under subsection (1) to other candidates or to other leadership contestants, as the case may be.
2003, c. 19, s. 25; 2006, c. 9, s. 47
81. Section 405.1 of the Act is repealed.
2006, c. 9, s. 48(1)
82. (1) Paragraph 405.2(1)(a) of the Act is replaced by the following:
(a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or 405(4.1) or a limit set out in subsection 405(1) or (4.2) or section 405.31; or
2006, c. 9, s. 48(2)
(2) Subsection 405.2(4) of the Act is replaced by the following:
Prohibited agreements
(4) No person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.
83. Section 405.3 of the Act is renumbered as subsection 405.3(1) and is amended by adding the following:
Exception — candidates and leadership contestants
(2) Despite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 405(4.2) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.
84. Section 435 of the Act is amended by adding the following after subsection (1):
Reduction of reimbursement
(1.1) If the election expenses, as set out in the election expenses return, exceed the maximum amount that is allowed under section 422, 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.
85. (1) Section 465 of the Act is amended by adding the following after subsection (2):
Reduction of reimbursement
(2.1) If a candidate’s election expenses, as set out in his or her electoral campaign return, exceed the maximum amount that is allowed under section 440, the amount that is provided for in subsection (2) is reduced as follows:
(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.
(2) Section 465 of the Act is amended by adding the following after subsection (3):
Reimbursement
(4) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (2.1), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 464.
2001, c. 21, ss. 21 and 22; 2003, c. 19, ss. 6 to 12, 14 to 34.1, 36 to 44, 46 to 48, 49(2.1) and (3) and 50 to 57; 2004, c. 24, ss. 3 to 20; 2006, c. 9, ss. 41 to 55; 2007, c. 21, ss. 34 and 35; 2011, c. 24, s. 181
86. Part 18 of the Act is replaced by the following:
PART 18
FINANCIAL ADMINISTRATION
Division 1
General Financial Provisions
Contributions
Prohibition — ineligible contributors
363. (1) No person or entity other than an individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.
Return of contributions
(2) If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution from an ineligible contributor, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
Provincial divisions
(3) For greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers of funds to or by the division are transfers to or by the party.
Registered agents
(4) A provincial division of a registered party may appoint registered agents, subject to any terms and conditions that the appointment specifies. This Act applies to those agents as if they were registered agents appointed by the party under subsection 396(1).
Contributions — inclusions and exclusions
364. (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.
Exclusion for goods and services — registered parties, registered associations and candidates
(2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is
(a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;
(b) from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;
(c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);
(d) from a candidate endorsed by a registered party to the party or a registered association of the party;
(e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or
(f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.
Exclusion for funds — registered parties, registered associations and candidates
(3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is
(a) from a registered party to an electoral district association of the party;
(b) from a registered association to the registered party with which it is affiliated or another registered association of the party;
(c) from a candidate endorsed by a registered party to the party or a registered association of the party;
(d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or
(e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.
Exclusion for funds other than trust funds — registered parties and registered associations
(4) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is
(a) from a registered party to a candidate endorsed by the party; or
(b) from a registered association to a candidate endorsed by the registered party with which the association is affiliated.
Exclusion for funds — nomination contestants, leadership contestants and registered parties
(5) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is
(a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;
(b) from a leadership contestant of a registered party to the party or a registered association of the party; or
(c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).
Exclusion — paid leave of absence
(6) The provision by an employer of a paid leave of absence to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.
Exclusion — membership fees
(7) The payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.
Contribution
(8) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual or biennial convention or leadership convention of a particular registered party is a contribution to that party.
Certain transfers prohibited
365. (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a nomination contestant or a leadership contestant, unless the goods or services are offered equally to all contestants.
Definition of “directed contribution”
(2) In this section, “directed contribution” means an amount that is all or part of a contribution made to a registered party and that the contributor requests in writing be transferred to a particular leadership contestant.
Exception
(3) Subsection (1) does not apply to a directed contribution that is transferred by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.
Presumption
(4) The amount of a directed contribution that is to be transferred to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.
Issuance of receipts
366. (1) Any person who is authorized to accept contributions on behalf of a register-ed party, a registered association, a nomina-tion contestant, a candidate or a leadership contestant shall issue a receipt — of which the person shall keep a copy — for each contribution of more than $20 that they accept.
Record keeping
(2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following:
(a) a description of the function at which the contributions were collected;
(b) the date of the function;
(c) the approximate number of people at the function; and
(d) the total amount of the anonymous contributions received.
Contribution limits
367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
(a) $1,200 in total in any calendar year to a particular registered party;
(b) $1,200 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(c) $1,200 in total to a candidate for a particular election who is not the candidate of a registered party; and
(d) $1,200 in total in any calendar year to the leadership contestants in a particular leadership contest.
Testamentary dispositions
(2) A contribution may be made by way of a testamentary disposition if the contribution is made only in one calendar year and does not cause the contributor to exceed the relevant limit under subsection (1), taking into account any contributions that the contributor made before their death.
Non-conforming testamentary dispositions read down
(3) A testamentary disposition that provides for a contribution that would cause the contributor to exceed the relevant limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the contributor to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one calendar year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those calendar years.
Attribution of certain contributions
(4) For the purposes of subsection (1), a contribution to a person who presents themselves as seeking the endorsement of a partic- ular registered party is to be treated as a contribution referred to in paragraph (1)(b) to a candidate of that party and a contribution to a person who presents themselves as seeking to be a candidate not endorsed by any registered party is to be treated as a contribution referred to in paragraph (1)(c).
Exception — nomination contestant’s contributions to own campaign
(5) Contributions that do not exceed $1,000 in total by a nomination contestant out of their own funds to their own campaign as a nomination contestant do not count towards the nomination contestant’s contributions for the purposes of paragraph (1)(b).
Contributions — candidates and leadership contestants
(6) Subject to subsection (7), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.
Exception — certain contributions to own campaign
(7) The following contributions are permitted:
(a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and
(b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.
Contributions under subsection (1) not affected
(8) Contributions made under subsection (7) do not have the effect of reducing the amounts that the candidate or leadership contestant, as the case may be, may contribute under subsection (1) to other candidates or to other leadership contestants, as the case may be.
Prohibition — circumventing limits
368. (1) No person or entity shall
(a) circumvent, or attempt to circumvent, the prohibition under subsection 363(1) or 367(6) or a limit set out in subsection 367(1) or (7) or section 371; or
(b) act in collusion with another person or entity for that purpose.
Prohibition — concealing source of contribution
(2) No person or entity shall
(a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or
(b) act in collusion with another person or entity for that purpose.
Prohibition — accepting excessive contributions
(3) No person who is permitted to accept contributions under this Act shall knowingly accept a contribution that exceeds a limit under this Act.
Prohibited agreements
(4) No person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.
Prohibition — soliciting or accepting contribution
369. (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, a registered association or a candidate if the person or entity makes a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity other than the registered party or a candidate, a leadership contestant or an electoral district association.
Prohibition — collusion
(2) No person or entity shall act in collusion with another person or entity for the purpose of circumventing the prohibition under subsection (1).
Prohibition — making indirect contributions
370. (1) No individual shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.
Exception — candidates and leadership contestants
(2) Despite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 367(7) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.
Limit on cash contributions
371. No individual shall, in respect of each contribution made under this Division, contribute cash in an amount that exceeds $20.
Return of contributions
372. If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
Loans, Guarantees and Suretyships
Ineligible lenders and guarantors
373. (1) Except as permitted under this section, no person or entity shall
(a) make a loan to a registered party or a registered association;
(b) make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; or
(c) guarantee a loan referred to in paragraph (a) or (b).
Ineligible borrowers
(2) Except if the loan is permitted under this section, no registered agent of a registered party and no financial agent of a registered association shall borrow money on behalf of the party or association, and no official agent of a candidate and no financial agent of a nomination contestant or of a leadership contestant shall borrow money for the purposes of the candidate’s or contestant’s campaign.
Exception — financial institutions
(3) A financial institution as defined in section 2 of the Bank Act may in writing make a loan referred to in subsection (1) at a fair market rate of interest.
Exception — individuals
(4) An individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act may in writing make a loan referred to in subsection (1) or guarantee such a loan. However, the total of the following amounts shall not at any time exceed the individual’s relevant contribution limit set out in paragraphs 367(1)(a) to (d), subsection 367(5) and paragraphs 367(7)(a) and (b):
(a) the amounts of the individual’s contributions,
(b) the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made, and
(c) the amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individ- ual has ceased to be liable in the calendar year in which the guarantee was given.
Exception — certain loans
(5) A loan may be made in writing
(a) by a registered party to a registered association of the party or a candidate endorsed by the party; or
(b) by a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party.
Exception — certain guarantees and suretyships
(6) A registered party or registered association may in writing guarantee a loan made in writing to a party, association or candidate to which it itself is permitted to make a loan under subsection (5).
Prohibition — making indirect loans
374. No individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.
Expenses
Electoral campaign expenses
375. An electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, including
(a) an election expense;
(b) a personal expense; and
(c) any fees of the candidate’s auditor, and any costs incurred for a recount of votes cast in the candidate’s electoral district, that have not been reimbursed by the Receiver General.
Election expenses
376. (1) An election expense is any of the following:
(a) any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a candidate during an election period; and
(b) any acceptance by a registered party or a candidate of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a candidate during an election period.
Exclusions — certain fundraising and nominations
(2) Expenses for a fundraising activity and expenses to directly promote the nomination of a person as a candidate or the selection of a person as leader of a registered party, other than expenses referred to in paragraphs (3)(a) and (b) that are related to such fundraising and promotional activities, are not election expenses under subsection (1).
Inclusions
(3) An election expense referred to in subsection (1) includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,
(a) the production of advertising or promotional material;
(b) the distribution, broadcast or publication of such material in any media or by any other means during the election period, including by the use of a capital asset;
(c) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent or registered agent or in any other capacity;
(d) securing a meeting space or the supply of light refreshments at meetings;
(e) any product or service provided by a government, a Crown corporation or any other public agency; and
(f) the conduct of election surveys or other surveys or research during an election period.
Definition of “cost incurred”
(4) In subsection (1), “cost incurred” means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.
Contributions for ticketed fundraising functions
377. If a fundraising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.
Personal expenses — candidate
378. (1) A candidate’s personal expenses include
(a) travel and living expenses;
(b) childcare expenses;
(c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the candidate normally provides such care; and
(d) in the case of a candidate who has a disability, additional expenses that are related to the disability.
Categories and maximums
(2) The Chief Electoral Officer may establish categories of personal expenses and fix maximum amounts that may be incurred for expenses in each category.
Costs related to candidate’s representatives
379. Any expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) or 237.1(2) are deemed to be personal expenses of the candidate.
Evidence of payment — $50 or more
380. (1) If an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person shall keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates setting out the nature of the expense together with proof that it was paid.
Evidence of payment — under $50
(2) If an expense of less than $50 was incurred and paid as described in subsection (1), the person who made the payment shall keep a record of the nature of the expense together with proof that it was paid.
Petty expenses
381. (1) A person may pay a petty expense incurred for office supplies, postage, courier services and other incidental expenses under the written authorization of
(a) a registered agent of a registered party, as an expense incurred on behalf of the registered party;
(b) an electoral district agent of a registered association, as an expense incurred on behalf of the association;
(c) the financial agent of a nomination contestant, as a nomination campaign expense;
(d) the official agent of a candidate, as an electoral campaign expense for the candidate; or
(e) a leadership campaign agent of a leadership contestant, as a leadership campaign expense.
Authorized maximum
(2) The written authorization referred to in subsection (1) shall specify a maximum amount for the total of petty expenses that the person is authorized to pay.
Statement and evidence of payment
(3) A person who is authorized to pay a petty expense shall provide the agent who authorized it with a statement of payments that the person made and the documentation referred to in section 380 within three months after
(a) in the case of a petty expense incurred on behalf of a registered party, the day on which it is incurred;
(b) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;
(c) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred;
(d) in the case of a petty expense incurred on behalf of a candidate, polling day; and
(e) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred.
Prohibition
(4) No person who is authorized to pay petty expenses shall pay, in total, more than the maximum amount of petty expenses that they are authorized to pay.
Publication of electoral campaign returns and election expenses returns
382. (1) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the original election expenses returns of registered parties and electoral campaign returns of candidates and any corrected or revised versions of those returns
(a) in the case of an original return, within one year after the issue of a writ for an election;
(b) in the case of a corrected or revised version of a return, as soon as feasible after he or she receives it; and
(c) in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), or a corrected or revised version of such a document, as soon as feasible after he or she receives it.
Publication of financial transactions returns
(2) The Chief Electoral Officer shall publish the following, as soon as feasible after receiving them, in the manner that he or she considers appropriate:
(a) the financial transactions returns of registered parties and registered associations, and any corrected or revised versions of those returns;
(b) the nomination campaign returns of nomination contestants, any document referred to in subsection 476.75(10), (11), (12) or (15), and any corrected or revised versions of those returns or documents; and
(c) the leadership campaign returns of leadership contestants, any document referred to in subsection 478.8(10), (11), (12) or (15), any corrected or revised versions of those returns or documents, the returns in respect of contributions required under section 478.81, and any statements containing information with respect to contributions referred to in paragraph 478.3(2)(d).
Summary of return on candidates’ election expenses
(3) As soon as feasible after receiving an electoral campaign return, any document referred to in subsection 477.59(10), (11), (12) or (15) or any corrected or revised version of those returns or documents for each candidate in an electoral district, the Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a summary report that includes the maximum election expenses allowed for the electoral district and, for each candidate,
(a) the total election expenses;
(b) the total personal expenses;
(c) the number of contributors and the total amount of contributions received;
(d) the name of the official agent;
(e) the name of the auditor; and
(f) if applicable, an indication that the auditor’s report on a return was qualified.
Publication of return of deregistered parties
(4) As soon as feasible after receiving a financial transactions return under subparagraph 420(a)(i) from a deregistered political party, the Chief Electoral Officer shall publish it in the manner that he or she considers appropriate.
Delivery to returning officers
383. (1) The Chief Electoral Officer shall, as soon as feasible after receiving the documents referred to in subsection 477.59(1) for an electoral district, deliver a copy of them to the returning officer for the electoral district.
Public availability
(2) A returning officer who receives documents under subsection (1) shall, on request, make them available for six months for public inspection at any reasonable time. Copies may be obtained for a fee of up to $0.25 per page.
Retention
(3) A returning officer who receives documents under subsection (1) shall retain them for three years, or any shorter period that the Chief Electoral Officer considers appropriate, after the end of the six-month period mentioned in subsection (2).
Inflation Adjustment Factor
Inflation adjustment factor
384. Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette an inflation adjustment factor that is in effect for a period of one year beginning on that date. It shall be a fraction with
(a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and
(b) a denominator that is 108.6, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1998, calculated on the basis of 1992 being equal to 100.
Division 2
Political Parties
Subdivision a
Registration of Political Parties
Application for Registration
Application for registration
385. (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.
Contents of application
(2) The application for registration shall include
(a) the political party’s full name;
(b) the party’s short-form name, or its abbreviation, if any, that is to be shown in election documents;
(c) the party’s logo, if any;
(d) the name and address of the party’s leader and a copy of the party’s resolution to appoint the leader, certified by the leader and another officer of the party;
(e) the address of the party’s office where records are maintained and to which communications may be addressed;
(f) the names and addresses of the party’s officers and their signed consent to act in that capacity;
(g) the name and address of the party’s auditor and their signed consent to act in that capacity;
(h) the name and address of the party’s chief agent and their signed consent to act in that capacity;
(i) the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party and support the party’s application for registration; and
(j) the leader’s declaration in the prescribed form that, having considered all of the factors — including those described in subsection 521.1(5) — relevant to determining the party’s purposes, one of the party’s fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election.
Additional information
(3) To confirm that the purpose referred to in paragraph (2)(j) is one of the party’s fundamental purposes, the Chief Electoral Officer may ask the party’s leader to provide any relevant information, including information about the factors described in subsection 521.1(5).
Withdrawal of application
386. A leader who has made an application under subsection 385(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.
Eligibility for registration
387. A political party whose leader has made an application under subsection 385(1) becomes eligible for registration if
(a) its name, short-form name, abbreviation or logo does not
(i) so resemble the name, short-form name, abbreviation or logo of a registered party or an eligible party that it would, in the Chief Electoral Officer’s opinion, likely be confused with it, or
(ii) include the word “independent” or a word that so resembles “independent” that it would, in the Chief Electoral Officer’s opinion, likely be confused with it;
(b) the party has at least three officers in addition to its leader and has appointed a chief agent and an auditor; and
(c) the Chief Electoral Officer is satisfied that the party has provided the information required under subsection 385(2) and that the information is accurate.
Preservation of name
388. In the period of 30 days after the deregistration of a political party,
(a) no application for another political party to become a registered party shall be accepted — and no report under section 405 is effective — if the application or report would permit another political party to use a name, short-form name, abbreviation or logo that would, in the Chief Electoral Officer’s opinion, likely be confused with that of the deregistered party; and
(b) if a new application is made for the registration of the deregistered party under the name, short-form name, abbreviation or logo that it had at the time of its deregistration, the Chief Electoral Officer shall not refuse the application on the ground that it does not comply with subparagraph 387(a)(i).
Notification of eligibility
389. (1) The Chief Electoral Officer shall, as soon as feasible after the day on which the application is received, inform the leader of a political party who has applied for the party to become registered whether or not the party is eligible for registration under section 387. If the party is not eligible, the Chief Electoral Officer shall also indicate which of that section’s requirements have not been met.
Loss of eligibility
(2) A political party whose leader has been informed under subsection (1) that it is eligible loses its eligibility if
(a) it contravenes any of section 391, subsection 395(1), sections 399 to 402, subsections 405(1), (3) and (4) and 406(1) and section 407;
(b) one of its officers is not eligible under subsection 395(2) and the party has not complied with subsections 395(3) and (4);
(c) its chief agent is not eligible under section 397 and the party has not complied with section 400; or
(d) its auditor is not eligible under section 398 and the party has not complied with section 400.
Registration
390. (1) An eligible party becomes a registered party if it has at least one candidate whose nomination has been confirmed for an election and its application to become registered was made at least 60 days before the issue of the writ or writs and has not been withdrawn.
Late application
(2) An eligible party whose application was made after the 60 days referred to in subsection (1) becomes a registered party for the next general election — or any by-election that precedes it — if it satisfies the requirements of that subsection for that election.
Notification
(3) The Chief Electoral Officer shall, as soon as feasible after the end of the 48-hour period following the close of nominations,
(a) inform the leader of an eligible party that meets the requirements of subsection (1) that the party has been registered; and
(b) in the case of a general election, inform the leader of an eligible party that does not meet the requirements of subsection (1) that the party has not been registered.
Loss of eligibility
(4) An eligible party, other than one referred to in subsection (2), loses its eligibility on being informed under paragraph (3)(b) that it has not been registered.
Eligible party deemed registered
(5) For the purposes of sections 363, 367, 376, 430, 437 and 444, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs.
Report on agents of eligible parties
391. An eligible party shall, within 30 days after being informed under subsection 389(1) that it is eligible, provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, containing the name and address of any person appointed as its registered agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall, on the registration of the eligible party, register that information in the registry of political parties.
Statement of assets and liabilities
392. Within six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer with
(a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration;
(b) a report on that statement made by the registered 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 is based; and
(c) a declaration in the prescribed form by the registered party’s chief agent that the statement is complete and accurate.
Annual fiscal period
393. (1) The fiscal period of a registered party is the calendar year.
Adjustment of fiscal period
(2) Without delay after becoming registered, a political party shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.
Registry of political parties
394. The Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h) and subsections 396(2) and 418(2).
Officers, Registered Agents, Auditors and Members
Minimum number of officers
395. (1) Subject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party.
Eligibility — officer
(2) Only a person who is an elector and whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party.
Appointment of replacement
(3) In the event of the death, incapacity, resignation or ineligibility of an officer of a registered party or eligible party, or the revocation of the appointment of one, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days.
Report of appointment
(4) Within 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).
Registered agents
396. (1) A registered party may appoint persons to act as its registered agents, subject to any terms and conditions that the appointment specifies.
Report of appointment
(2) Within 30 days after the day on which a registered agent is appointed, the registered party shall provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, that includes the registered agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of political parties.
Agents — corporations
397. (1) A corporation incorporated under the laws of Canada or a province is eligible to be
(a) a chief agent or a registered agent of a registered party; or
(b) a chief agent or an agent of an eligible party.
Agents — ineligibility
(2) The following persons are ineligible to be a chief agent, a registered agent or an agent:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate;
(c) an auditor appointed as required by this Act;
(d) subject to subsection (1), a person who is not an elector;
(e) an undischarged bankrupt; and
(f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.
Auditor — eligibility
398. (1) Only the following are eligible to be an auditor for a registered party or an eligible party:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Auditor — ineligibility
(2) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate or their official agent;
(c) an officer of a registered party or an eligible party;
(d) a chief agent of a registered party or an eligible party;
(e) a registered agent of a registered party;
(f) an electoral district agent of a registered association;
(g) a nomination contestant or their financial agent;
(h) a leadership contestant or their leadership campaign agent; and
(i) a financial agent of a registered third party.
Consent
399. A registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act in that capacity.
Replacement of chief agent or auditor
400. (1) In the event of the death, incapacity, resignation or ineligibility of its chief agent or auditor, or the revocation of the appointment of one, a registered party or eligible party shall without delay appoint a replacement.
Report of appointment
(2) Within 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).
Only one chief agent and auditor
401. A registered party or eligible party shall have no more than one chief agent and one auditor at a time.
Minimum number of members
402. A registered party and an eligible party shall have at least 250 members who are electors.
Prohibition — officer
403. (1) No person who is ineligible to be an officer of a registered party or an eligible party shall act in that capacity.
Prohibition — agent
(2) No person who is ineligible to be a chief agent or registered agent of a registered party or an eligible party shall act in that capacity.
Prohibition — auditor
(3) No person who is ineligible to be an auditor of a registered party or an eligible party shall act in that capacity.
Prohibition — fundamental purpose
404. (1) Subject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party if
(a) they know that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election; and
(b) the party has not made an application for deregistration under section 414.
Exception
(2) A person referred to in subsection (1) may sign an application for deregistration under section 414.
Changes in Information Concerning Parties
Changes in information
405. (1) Within 30 days after the day on which there is a change in the information in respect of a registered party or an eligible party in the registry of political parties, the party shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the leader of the party.
New name, abbreviation or logo
(2) The report of a change in the information referred to in paragraphs 385(2)(a) to (c) shall include a copy of the resolution of the party to make the change. If the changed information complies with subparagraph 387(a)(i) or (ii), the change is deemed to be effective as of
(a) the day after polling day, in the case of a report made during an election period; or
(b) the day on which the report was made, in any other case.
New leader
(3) The report of a change of leader for a party shall include a copy of the resolution of the party to appoint the new leader, certified by the new leader and another officer of the party.
New officer, chief agent or auditor
(4) If the report involves the replacement of an officer, the chief agent or the auditor, it shall include a copy of the signed consent referred to in section 399.
Registration of change
(5) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of political parties.
Entry in registry of electoral district associations
(6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations.
Confirmation of information at general election
406. (1) A registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, provide the Chief Electoral Officer with
(a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; or
(b) if there is a change in that information, the report of the change made under subsection 405(1).
Endorsement of candidates
(2) If the leader of a registered party or eligible party designates representatives to endorse candidates at a general election, the registered party or eligible party shall include with the statement or report referred to in subsection (1) a statement certified by its leader that sets out the names of the designated representatives.
Confirmation of registration yearly
407. (1) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with
(a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; and
(b) if there is a change in that information, the report of the change made under subsection 405(1).
Confirmation of members
(2) On or before June 30 of every third year, beginning in 2016, a registered party and an eligible party shall provide the Chief Electoral Officer with the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party.
Declaration of leader
(3) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with a declaration in the prescribed form by the leader that, having considered all of the factors relevant to determining the party’s purposes — including those described in subsection 521.1(5) — one of the party’s fundamental purposes is as described in paragraph 385(2)(j).
Prohibition — false or misleading information (leader)
408. (1) No leader of a political party shall provide the Chief Electoral Officer with information under section 385 that the leader knows is false or misleading.
Prohibition — false or misleading information (party)
(2) No registered party and no eligible party shall provide the Chief Electoral Officer with information under any of sections 405 to 407 that it knows is false or misleading.
Prohibition — certification by leader
(3) No leader of a registered party or of an eligible party shall certify, under any of sections 405 to 407, a report or statement that they know contains false or misleading information.
Prohibition — leader’s declaration
(4) No leader of a political party shall make a declaration referred to in section 385, 405 or 407 that they know is false or misleading.
Prohibition — member’s declaration
(5) No member of a political party shall make a declaration referred to in section 385 or 407 that they know is false or misleading.
Deregistration of Registered Parties
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.
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.
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.
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.
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.
Deregistration — failure to provide documents
412. 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).
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).
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.
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.
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.
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).
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.
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.
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.
Effect of deregistration of registered party
417. If a registered party is deregistered, its registered associations are also deregistered.
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.
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.
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.
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
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.
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).
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.
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).
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.
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).
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.
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.
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.
Subdivision b
Financial Administration of Registered Parties
General
Duty of chief agent
425. The chief agent of a registered party is responsible for administering its financial transactions and for reporting on them in accordance with this Act.
Prohibition — paying expenses
426. (1) No person or entity, other than a registered agent of a registered party or a person authorized under subsection 381(1), shall pay the registered party’s expenses.
Prohibition — incurring expenses
(2) No person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.
Prohibition — accepting contributions, borrowing
(3) No person or entity, other than a registered agent of a registered party, shall accept contributions to the registered party or borrow money on its behalf.
Prohibition — accepting or providing goods, services or funds
(4) No person or entity, other than a registered agent of a registered party, shall, on behalf of the registered party,
(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
Claim for payment
427. A person who has a claim to be paid for a debt of a registered party shall send the invoice or other document evidencing the claim to the registered party or one of its registered agents.
Payment within three years
428. If a claim for an expense is evidenced by an invoice or other document that has been sent under section 427, the claim shall be paid within three years after the day on which payment of it is due.
Proceedings to recover payment
429. A person who has sent an invoice or other document evidencing a claim under section 427 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the registered agent refuses to pay that amount or disputes that it is payable; or
(b) after the end of the period referred to in section 428, in any other case.
Maximum Election Expenses
Maximum election expenses
430. (1) The maximum amount that is allowed for election expenses of a registered party for an election is the product of
(a) $0.735 multiplied by the number of names on the preliminary lists of electors for electoral districts in which the registered party has endorsed a candidate or by the number of names on the revised lists of electors for those electoral districts, whichever is greater, and
(b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election.
Election period longer than 37 days
(2) If an election period is longer than 37 days, then the maximum amount calculated under subsection (1) is increased by adding to it the product of
(a) one thirty-seventh of the maximum amount calculated under subsection (1), and
(b) the number of days in the election period minus 37.
Amounts not included in election expenses
(3) For the purpose of subsections (1) and (2), an election expense of a registered party does not include
(a) a transfer made by or on behalf of it to candidates in the election; or
(b) an expense incurred by it through a registered agent, or person authorized under subsection 381(1), who was not acting within the scope of the registered agent’s authority.
Prohibition — election expenses more than maximum
431. (1) No chief agent of a registered party shall incur election expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 430.
Prohibition — collusion
(2) No registered party and no third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the maximum amount referred to in subsection (1).
Financial Reporting
Financial transactions return
432. (1) For each fiscal period of a registered party, its chief agent shall provide the Chief Electoral Officer with
(a) a financial transactions return, in the prescribed form, on the registered party’s financial transactions;
(b) the auditor’s report on the return made under subsection 435(1); and
(c) a declaration in the prescribed form by the chief agent that the return is complete and accurate.
Contents of return
(2) A financial transactions return shall set out
(a) the total amount of contributions received by the registered party;
(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 party, that total amount, as well as the amount of each of those contributions and the date on which the party received it;
(d) the name and address of each contributor who has made a contribution to the registered party that includes a directed contribution as defined in subsection 365(2), the amount of the contribution, the amount of the directed contribution and the date on which the party received it;
(e) a statement of the registered party’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 429, and
(ii) unpaid claims, including those resulting from loans made to the registered party under section 373;
(f) a statement of the registered party’s revenues and expenses in accordance with generally accepted accounting principles;
(g) a statement, for each electoral district, of the commercial value of goods or services provided and of funds transferred by the registered party to a candidate or the electoral district association;
(h) a statement of each amount transferred to a leadership contestant out of a directed contribution as defined in subsection 365(2), the information referred to in paragraph (d) with respect to the contributor and the name of the leadership contestant to whom the amount has been transferred;
(i) a statement of the commercial value of goods or services provided and of funds transferred to the registered party from any of its registered associations, a nomination contestant, a candidate or a leadership contestant;
(j) a return for election expenses incurred for each by-election during the fiscal period that sets out
(i) a statement of expenses incurred by the registered party, whether paid or unpaid, 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, and
(ii) a statement of non-monetary contributions used by it;
(k) a statement of the terms and conditions of each loan made to the registered party 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
(l) a statement of contributions received by the registered party but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Report
(3) If there is any amendment to the information in a statement referred to in paragraph (2)(k), including with respect to the giving of a guarantee or suretyship, then the registered party’s chief agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
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)(k) and any report provided under subsection (3) as soon as feasible after receiving the information or report.
Period for providing documents
(5) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within six months after the end of the fiscal period.
Statement of unpaid claims
(6) The statement of unpaid claims referred to in subparagraph (2)(e)(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.
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 429;
(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.
Quarterly returns
433. (1) If a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall provide the Chief Electoral Officer with a return, for each quarter of the fiscal period of the registered party, that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).
Period for providing return
(2) A quarterly return shall be provided within 30 days after the end of the period to which it relates.
When contributions forwarded to Receiver General
434. If the name of the contributor of a contribution of more than $20 to a registered party, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered party, is not known, one of the registered party’s registered agents shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Auditor’s report
435. (1) A registered party’s auditor shall report to the party’s chief agent on the party’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 the return is based.
Statement
(2) The auditor shall include in the report any statement that the auditor considers necessary if
(a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;
(b) the auditor has not received all of the information and explanations that the auditor required; or
(c) based on the examination, it appears that the registered party has not kept proper financial records.
Right of access
(3) The auditor shall have access at any reasonable time to all of the party’s documents, and may require the party’s registered agents and officers to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Prohibition — false, misleading or incomplete document
436. No chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 432(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 432(2) or, in the case of a statement of unpaid claims referred to in subparagraph 432(2)(e)(ii), does not substantially set out information required under subsection 432(6) or (7).
Election Expenses Reporting
Election expenses return
437. (1) For a general election, the chief agent of a registered party shall provide the Chief Electoral Officer with
(a) an election expenses return in the prescribed form;
(b) the auditor’s report referred to in subsection 438(1) on that return; and
(c) a declaration in the prescribed form by the chief agent that the return is complete and accurate.
Contents of return
(2) An election expenses return shall set out as an election expense each of
(a) the expenses incurred by the registered party, whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provid- er as defined in that section, that indicates the name of that provider and the amount of those expenses; and
(b) the non-monetary contributions used by the registered party as an election expense.
Period for providing documents
(3) The registered party’s chief agent shall provide the Chief Electoral Officer with the documents referred to in subsection (1) within eight months after the polling day for the general election.
Auditor’s report
438. (1) As soon as feasible after a general election, a registered party’s auditor shall report to its chief agent on its return on general election expenses 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 the return is based and the registered party and the chief agent have complied with the requirements of Division 1 of this Part and this Division.
Statement
(2) The auditor shall include in the report under subsection (1) any statement that the auditor considers necessary if
(a) the return that is the subject of the report does not present fairly the information contained in the financial records on which the return is based;
(b) the auditor has not received all of the information and explanations that the auditor required;
(c) based on the examination, it appears that the registered party has not kept proper financial records; or
(d) based on the examination, it appears that the registered party and the chief agent have not complied with the requirements of Division 1 of this Part and this Division.
Right of access
(3) The auditor for a registered party shall have access at any reasonable time to all of the party’s documents, and may require the party’s registered agents and officers to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Prohibition — false, misleading or incomplete document
439. 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).
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral Officer
440. (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.
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).
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.
Extensions — Chief Electoral Officer
441. (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.
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.
Corrections or revisions — Chief Electoral Officer
442. (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.
Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
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).
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.
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.
Extensions, corrections or revisions — judge
443. (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.
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.
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.
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.
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.
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.
Reimbursement of Election Expenses
Certificate
444. (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 50% of the registered party’s election expenses that were paid by its registered agents as set out in the return for its general election expenses 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.
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.
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.
Quarterly Allowances
Quarterly allowance
445. (1) The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least
(a) 2% of the number of valid votes cast; or
(b) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.
Computation of fund
(2) An allowance fund for a quarter is the product of the number of valid votes cast in the election referred to in subsection (1) multiplied by the applicable following number:
(a) $0.255, for the quarter that begins on April 1, 2013 and the three following quarters; and
(b) $0.1275, for the quarter that begins on April 1, 2014 and the three following quarters.
Computation of party’s allowance
(3) Each such registered party’s allowance for a quarter is that part of the allowance fund for that quarter that corresponds to its percent- age of valid votes cast in the election referred to in subsection (1).
Merger of parties
(4) A merged party is entitled to the aggregate of the allowances to which the merging parties of which it is composed would have been entitled had they not merged.
Certificate
446. (1) As soon as feasible after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter.
Delay for non-compliance
(2) If a registered party has not provided all of the documents that it is required to provide under sections 432, 433 and 437, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents.
Payment
(3) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the registered party out of the Consolidated Reve- nue Fund. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the party’s leader.
Definition of “provincial division”
(4) In this Act, “provincial division” means a division of a registered party for a province or territory in relation to which the party’s leader has provided the following to the Chief Electoral Officer:
(a) the name of the division and of the province or territory;
(b) the name of the party;
(c) the address of the office where records of that division are maintained and to which communications may be addressed;
(d) the names and addresses of the chief executive officer and other officers of the division;
(e) the name and address of any registered agent appointed by the division; and
(f) a declaration signed by the party’s leader certifying that the division is a division of the party.
This Act applies to information provided under this subsection as if it were information referred to in paragraphs 385(2)(a) to (h).
Report of changes in information
(5) Within 15 days after a change in the information referred to in subsection (4), the chief executive officer of the provincial division shall report the change in writing to the chief agent of the registered party.
Division 3
Electoral District Associations
Subdivision a
Registration of Electoral District Associations
Registration
Prohibition — accepting contributions, etc., while not registered
447. No electoral district association of a registered party shall, unless it is registered,
(a) accept contributions;
(b) provide goods or services or transfer funds to a candidate endorsed by a registered party;
(c) provide goods or services or transfer funds to a registered party or a registered association; or
(d) accept surplus nomination campaign funds of a nomination contestant, surplus electoral funds of a candidate or surplus leadership campaign funds of a leadership contestant.
Contents of application
448. (1) An electoral district association of a registered party may submit to the Chief Electoral Officer an application for registration that includes
(a) the full name of the association and of the electoral district;
(b) the full name of the registered party;
(c) the address of the association’s office where records are maintained and to which communications may be addressed;
(d) the names and addresses of the chief executive officer and other officers of the association;
(e) the name and address of the appointed auditor of the association; and
(f) the name and address of the financial agent of the association.
Accompanying documents
(2) The application shall be accompanied by
(a) the signed consent of the financial agent to act in that capacity;
(b) the signed consent of the auditor to act in that capacity; and
(c) a declaration signed by the leader of the party certifying that the electoral district association is an electoral district association of the party.
Examination of application
(3) The Chief Electoral Officer shall register an electoral district association that meets the requirements of subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate to the association which of the requirements have not been met.
Date of registration
(4) An electoral district association is registered as of the date on which the Chief Electoral Officer registers it in the registry of electoral district associations.
Only one registered association per district
449. A registered party may have at most one registered association in an electoral district.
Prohibition — election advertising in election period
450. (1) No electoral district association of a registered party shall, during an election period, incur expenses for — or transmit or cause to be transmitted — election advertising as defined in section 319.
Uncancellable spending
(2) If a general election is held on a date other than one set out in subsection 56.1(2) or section 56.2, or if a by-election is held, an electoral district association does not incur expenses for election advertising as defined in section 319, or transmit it or cause it to be transmitted, if, on the issue of the writ or writs, the association is not able to cancel the transmission of that advertising.
Statement of assets and liabilities
451. Within six months after the day on which it becomes a registered association, the association shall provide the Chief Electoral Officer with
(a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; and
(b) a declaration in the prescribed form by its financial agent that the statement is complete and accurate.
Prohibition — declaration concerning statement
452. No financial agent of a registered association shall make a declaration referred to in paragraph 451(b) if the agent knows or ought reasonably to know that the statement referred to in paragraph 451(a) is not complete and accurate.
Annual fiscal period
453. The fiscal period of a registered association is the calendar year.
Adjustment of fiscal period
454. Without delay after becoming registered, a registered association shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.
Registry of electoral district associations
455. The Chief Electoral Officer shall maintain a registry of electoral district associations that contains the information referred to in subsections 448(1), 456(2) and 471(2).
Electoral District Agents and Auditors
Appointments
456. (1) A registered association may appoint, as electoral district agents, persons who are authorized by the association to accept contributions and to incur and pay expenses on behalf of the association. The appointment is subject to any terms and conditions that it specifies.
Report of appointment
(2) Within 30 days after the day on which an electoral district agent is appointed, the registered association shall provide the Chief Electoral Officer with a written report, certified by its financial agent, that includes the electoral district agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of electoral district associations.
Agents — corporations
457. (1) A corporation incorporated under the laws of Canada or a province is eligible to be the financial agent or an electoral district agent of a registered association.
Agents — ineligible persons
(2) The following persons are ineligible to be a financial agent or an electoral district agent:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate;
(c) an auditor appointed as required by this Act;
(d) subject to subsection (1), a person who is not an elector;
(e) an undischarged bankrupt; and
(f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.
If member of partnership appointed as agent
(3) A person may be appointed as agent for a registered association even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.
Auditor — eligibility
458. (1) Only the following are eligible to be an auditor for a registered association:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Auditor — ineligibility
(2) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate or their official agent;
(c) a chief agent of a registered party or an eligible party;
(d) a registered agent of a registered party;
(e) an electoral district agent of a registered association;
(f) a nomination contestant or their financial agent;
(g) a leadership contestant or their leadership campaign agent; and
(h) a financial agent of a registered third party.
Consent
459. A registered association shall obtain from its financial agent and auditor, on appointment, their signed consent to act in that capacity.
Replacement of financial agent or auditor
460. In the event of the death, incapacity, resignation or ineligibility of its financial agent or auditor, or the revocation of the appointment of one, a registered association shall without delay appoint a replacement.
Only one financial agent and auditor
461. A registered association shall have no more than one financial agent and one auditor at a time.
Prohibition — agents
462. (1) No person who is ineligible to be a financial agent or an electoral district agent of a registered association shall act in that capacity.
Prohibition — auditor
(2) No person who is ineligible to be an auditor of a registered association shall act in that capacity.
Changes in Information Concerning Registered Associations
Changes in information
463. (1) Within 30 days after the day on which there is a change in the information referred to in subsection 448(1) other than paragraph 448(1)(b), a registered association shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the chief executive officer of the association.
New financial agent or auditor
(2) If the report involves the replacement of the registered association’s financial agent or auditor, it shall include a copy of the signed consent referred to in section 459.
Registration of change
(3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of electoral district associations.
Confirmation of registration yearly
464. On or before May 31 of every year, unless an election campaign is in progress in that electoral district on that date, in which case the date is July 31, a registered association shall provide the Chief Electoral Officer with
(a) a statement certified by its chief executive officer confirming the validity of the information concerning the association in the registry of electoral district associations; and
(b) if there is a change in that information, the report of the change made under subsection 463(1).
Deregistration of Registered Associations
Deregistration — failure to provide documents
465. The Chief Electoral Officer may deregister a registered association if the association fails to provide
(a) any of the documents referred to in section 451;
(b) a report under subsection 456(2) concerning the appointment of an electoral district agent;
(c) any of the documents referred to in subsection 463(1) or (2) with respect to a replacement of its financial agent or auditor;
(d) a report under subsection 463(1) concerning a change in any other registered information;
(e) confirmation under section 464 of the validity of the registered information; or
(f) a report that is required to be filed under subsection 476.1(1) by the registered association.
Deregistration — failure to file return
466. The Chief Electoral Officer may deregister a registered association if its financial agent fails to provide him or her with a document for a fiscal period in accordance with subsection 475.4(1).
Voluntary deregistration
467. (1) On application by a registered association to become deregistered, signed by its chief executive officer and its financial agent, the Chief Electoral Officer may deregister the association.
Deregistration at request of party
(2) On application by a registered party, signed by its leader and two of its officers, to deregister one of its registered associations, the Chief Electoral Officer shall deregister the association.
Exception
(3) Subsections (1) and (2) do not apply during an election period in the electoral district of the registered association.
Procedure for non-voluntary deregistration
468. (1) If the Chief Electoral Officer believes on reasonable grounds that a registered association or its financial agent has omitted to perform any obligation referred to in section 465 or 466, the Chief Electoral Officer shall, in writing, notify the association’s chief executive officer and its financial agent that the association or financial agent must
(a) rectify the omission by the discharge of that obligation within 30 days after receipt of the notice; or
(b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.
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 465 or 466; or
(b) specifying a period for compliance with the obligations referred to in paragraph (1)(a).
Copy of notice
(3) A copy of any notice or amendment under subsection (1) or (2) shall be sent to the leader and the chief agent of the registered party with which the registered association is affiliated.
Deregistration
(4) The Chief Electoral Officer may deregister a registered association if the association or its financial agent fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).
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.
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.
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.
Pre-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. Any resulting registration does not take effect before the order comes into force.
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.
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.
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.
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.
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.
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.
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.
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 b
Financial Administration of Registered Associations
General
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.
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.
Prohibition — incurring expenses
(2) No person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.
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.
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
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
When contributions forwarded to Receiver General
475.5 If the name of the contributor of a contribution of more than $20 to a registered association, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered association, is not known, the registered association’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Auditor’s report
475.6 (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $5,000 or more in total or incurred expenses of $5,000 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.
Statement
(2) The auditor shall include in the report any statement that the auditor considers necessary if
(a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;
(b) the auditor has not received all of the information and explanations that the auditor required; or
(c) based on the examination, it appears that the registered association has not kept proper financial records.
Right of access
(3) The auditor shall have access at any reasonable time to all of the association’s documents, and may require the association’s electoral district agents to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Prohibition — false, misleading or incomplete document
475.7 No financial agent of a registered association shall provide the Chief Electoral Officer with a document referred to in paragraph 475.4(1)(a) that
(a) the financial 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 475.4(2) or, in the case of a statement of unpaid claims referred to in subparagraph 475.4(2)(d)(ii), does not substantially set out information required under subsection 475.4(6) or (7).
Payment of Audit Expenses
Certificate — audit expenses
475.8 (1) On receipt of the documents referred to in subsection 475.4(1) and a copy of the auditor’s invoice, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount, up to a maximum of $1,500, of the expenses incurred for the audit made under subsection 475.6(1).
Payment
(2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral Officer
475.9 (1) The Chief Electoral Officer may correct a document referred to in subsection 475.4(1) if the correction does not materially affect its substance.
Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a registered association’s financial agent to correct or revise, within a specified period, a document referred to in subsection 475.4(1).
Deadline for corrections or revision
(3) If the Chief Electoral Officer requests the correction or revision, the registered association’s financial agent shall provide him or her with the corrected or revised version of the document within the specified period.
Extensions — Chief Electoral Officer
475.91 (1) The Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the extension of a period referred to in subsection 475.4(5) unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.
Deadline
(2) The application may be made within the period referred to in subsection 475.4(5) or within two weeks after the end of that period.
Corrections or revisions — Chief Electoral Officer
475.92 (1) The Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the correction or revision of a document referred to in subsection 475.4(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.
Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
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).
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 their failure to exercise due diligence.
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 their failure to exercise due diligence.
Extensions, corrections or revisions — judge
475.93 (1) The financial agent of a registered association or, if the financial agent is absent or unable to perform their duties, its chief executive officer, may apply to a judge for an order
(a) relieving the financial agent from the obligation to comply with a request referred to in subsection 475.9(2);
(b) authorizing an extension referred to in subsection 475.91(1); or
(c) authorizing a correction or revision referred to in subsection 475.92(1).
The applicant shall notify the Chief Electoral Officer that the application has been made.
Deadline
(2) The application may be made
(a) under paragraph (1)(a), within the specified period referred to in subsection 475.9(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 475.91(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 475.91, or
(iii) the end of the extended period referred to in subsection 475.91(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 475.92.
Grounds — relief from compliance
(3) The judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 475.9(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.
Grounds — extension
(4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.
Grounds — correction or revision
(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.
Contents of order
(6) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Division 4
Nomination Contestants
Interpretation
Definitions
476. The following definitions apply in this Division.
“personal expenses”
« dépense personnelle »
“personal expenses” means the expenses of a personal nature that are reasonably incurred by or on behalf of a nomination contestant in relation to their nomination campaign and includes
(a) travel and living expenses;
(b) childcare expenses;
(c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and
(d) in the case of a contestant who has a disability, additional expenses that are related to the disability.
“selection date”
« date de désignation »
“selection date” means the date on which a nomination contest is decided.
Subdivision a
Nomination Contest Report
Notice of nomination contest
476.1 (1) When a nomination contest is held, the registered party, or the registered association if the contest was held by the registered association, shall, within 30 days after the selection date, file with the Chief Electoral Officer a report setting out
(a) the name of the electoral district, the registered association and the registered party that the nomination contest concerns;
(b) the date on which the nomination contest began and the selection date;
(c) the name and address of each nomination contestant as of the selection date and of their financial agent; and
(d) the name of the person selected in the nomination contest.
Notice
(2) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, communicate to each nomination contestant the information related to that contestant that was reported under subsection (1).
Publication
(3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsection (1).
Deeming
476.2 For the purposes of Division 1 of this Part and this Division, a nomination contestant is deemed to have been a nomination contestant from the time they accept a contribution, incur a nomination campaign expense or borrow money under section 373.
Duty to appoint financial agent
476.3 A nomination contestant shall appoint a financial agent before accepting a contribution or incurring a nomination campaign expense.
Financial agent — ineligibility
476.4 (1) The following persons are ineligible to be the financial agent of a nomination contestant:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate or a nomination contestant;
(c) an auditor appointed as required by this Act;
(d) a person who is not an elector;
(e) an undischarged bankrupt; and
(f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.
If partnership appointed as auditor
(2) A person may be appointed as financial agent for a nomination contestant even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.
Consent
476.5 A nomination contestant shall obtain from the financial agent, on appointment, their signed consent to act in that capacity.
Replacement of financial agent
476.6 In the event of the death, incapacity, resignation or ineligibility of the financial agent, or the revocation of the appointment of one, the nomination contestant shall without delay appoint a replacement.
Only one financial agent
476.61 A nomination contestant shall have no more than one financial agent at a time.
Prohibition — financial agents
476.62 No person who is ineligible to be a financial agent of a nomination contestant shall act in that capacity.
Changes in reported information
476.63 (1) Within 30 days after a change in the information referred to in paragraph 476.1(1)(c) in respect of a nomination contestant, the nomination contestant shall report the change in writing to the Chief Electoral Officer.
New financial agent
(2) If the report involves the replacement of the nomination contestant’s financial agent, it shall include a copy of the signed consent referred to in section 476.5.
Subdivision b
Financial Administration of Nomination Contestants
Powers, Duties and Functions of Financial Agent
Duty of financial agent
476.64 A nomination contestant’s financial agent is responsible for administering the contestant’s financial transactions for their nomination campaign and for reporting on those transactions in accordance with this Act.
Bank account
476.65 (1) A nomination contestant’s financial agent shall open, for the sole purpose of the contestant’s nomination campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.
Account holder name
(2) The account shall name the account holder as follows: “(name of financial agent), financial agent”.
Payments and receipts
(3) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the payment or receipt of money are to be paid from or deposited to the account.
Closure of bank account
(4) After the selection date or the withdrawal or death of the nomination contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus nomination campaign funds have been dealt with in accordance with this Act.
Final statement of bank account
(5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.
Prohibition — accepting contributions, borrowing
476.66 (1) No person or entity, other than the financial agent of a nomination contestant, shall accept contributions to the contestant’s nomination campaign or borrow money on the contestant’s behalf under section 373.
Prohibition — accepting goods, services or funds or transferring funds
(2) No person or entity, other than the financial agent of a nomination contestant, shall, on the contestant’s behalf,
(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) transfer funds, if the transfer is permitted under that section.
Prohibition — accepting certain transfers of funds
(3) No financial agent of a nomination contestant shall, on the contestant’s behalf, accept a transfer of funds from a registered party or registered association.
Prohibition — paying nomination campaign expenses
(4) No person or entity, other than the financial agent of a nomination contestant, shall pay the contestant’s nomination campaign expenses, other than personal expenses.
Prohibition — incurring nomination campaign expenses
(5) No person or entity, other than the nomination contestant or their financial agent, shall incur the contestant’s nomination campaign expenses.
Prohibition — paying contestant’s personal expenses
(6) No person or entity, other than the nomination contestant or their financial agent, shall pay the contestant’s personal expenses.
Limits on expenses
476.67 The limit for nomination campaign expenses — other than personal 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 section 477.49 for that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or
(b) that the Chief Electoral Officer determines, in any other case.
Prohibition — expenses more than maximum
476.68 (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination campaign expenses — other than personal expenses — in an amount that is more than the limit allowed for that electoral district under section 476.67.
Prohibition — collusion
(2) No person or entity shall
(a) circumvent, or attempt to circumvent, the limit referred to in section 476.67; or
(b) act in collusion with another person or entity for that purpose.
Recovery of Claims for Debts
Claim for payment
476.69 A person who has a claim to be paid for a nomination campaign expense shall send the invoice or other document evidencing the claim to the nomination contestant’s financial agent or, if there is no financial agent, to the nomination contestant.
Payment within three years
476.7 (1) If a claim for a nomination campaign expense is evidenced by an invoice or other document that has been sent under section 476.69, or if a claim for repayment of a loan is made to the nomination contestant under section 373, the claim shall be paid within three years after the selection date or, in the case referred to in subsection 476.75(16), the polling day.
Prohibition — payment without authorization
(2) No nomination candidate and no financial agent of a nomination contestant shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 476.72 or 476.73, or ordered to do so as a result of proceedings commenced under section 476.74.
Unenforceable contracts
476.71 A contract in relation to a nomination campaign is not enforceable against the nomination contestant unless it was entered into by the contestant personally or by the contestant’s financial agent.
Irregular claims or payments — Chief Electoral Officer
476.72 (1) On the written application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination contestant or to be paid for a loan made to the contestant under section 373, or on the written application of the contestant’s financial agent or the contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the contestant’s financial agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 476.7(1).
Conditions
(2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).
Irregular claims or payments — judge
476.73 On the application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination contestant or to be paid for a loan made to the contestant under section 373, or on the application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed if
(a) the applicant establishes that an authorization under subsection 476.72(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 476.7(1); or
(b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 476.72(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.
The applicant shall notify the Chief Electoral Officer that the application has been made.
Proceedings to recover payment
476.74 A person who has sent an invoice or other document evidencing a claim under section 476.69, or has a claim for repayment of a loan made to a nomination contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the nomination contestant or their financial agent refuses to pay that amount or disputes that it is payable; or
(b) after the end of the three-year period referred to in subsection 476.7(1) or any extension of that period authorized under subsection 476.72(1) or section 476.73, in any other case.
The nomination contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.
Nomination Campaign Return
Nomination campaign return
476.75 (1) A nomination contestant’s financial agent who has accepted contributions of $1,000 or more in total or incurred nomination campaign expenses of $1,000 or more in total shall provide the Chief Electoral Officer with the following in respect of a nomination contest:
(a) a nomination campaign return, in the prescribed form, on the financing and nomination campaign expenses for the nomination campaign;
(b) if the appointment of an auditor is required under subsection 476.77(1), the auditor’s report on the return made under section 476.8;
(c) a declaration in the prescribed form by the financial agent that the return is complete and accurate; and
(d) a declaration in the prescribed form by the nomination contestant that the return is complete and accurate.
Contents of return
(2) The nomination campaign return shall set out
(a) a statement of nomination campaign expenses;
(b) a statement of claims that are the subject of proceedings under section 476.74;
(c) a statement of unpaid claims, including those resulting from loans made to the nomination contestant under section 373;
(d) a statement of the terms and conditions of each loan made to the nomination contestant 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, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
(e) the total amount of contributions received by the nomination contestant;
(f) the number of contributors;
(g) the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each of those contributions and the date on which the contestant received it;
(h) a statement of the commercial value of goods or services provided and of funds transferred by the nomination contestant to a registered party, a registered association, or a candidate;
(i) a statement of the commercial value of goods or services provided to the nomination contestant by a registered party or a registered association;
(j) a statement of the commercial value of goods or services provided and of funds transferred to the nomination contestant from themselves in their capacity as a candidate; and
(k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
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 concerning personal expenses referred to in subsection 476.82(1).
Additional supporting documents
(4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Report
(5) If there is any amendment to the information in a statement referred to in paragraph (2)(d), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the nomination contestant’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Publication
(6) 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)(d) and any report provided under subsection (5) as soon as feasible after receiving the information or report.
Period for providing documents
(7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within four months after the selection date.
Declaration of nomination contestant
(8) A nomination contestant shall, within four months after the selection date, send their financial agent the declaration referred to in paragraph (1)(d).
Death of nomination contestant
(9) If a nomination contestant dies without having sent the declaration within the period referred to in subsection (8),
(a) they are deemed to have sent the declaration in accordance with that subsection; and
(b) the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1).
Payment of unpaid claims
(10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.
First update
(11) The nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 18 months after the selection date, within the period that begins 18 months after the selection date and ends 19 months after the selection date. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:
(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 476.74;
(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.
Second update
(12) The nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 36 months after the selection date, within the period that begins 36 months after the selection date and ends 37 months after the selection date. The updated version shall include the information referred to in paragraphs (11)(a) to (f).
Supporting documents
(13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidenc­ing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.
Additional supporting documents
(14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Irregular claims and payments
(15) The nomination contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 476.72 or 476.73 or to an order to pay resulting from proceedings commenced under section 476.74. The financial agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.
Selection date
(16) In applying subsections (7), (8), (11) and (12), if the selection date of a nomination contest falls within an election period for that electoral district or the 30 days before it, then a reference to “selection date” is to be read as a reference to “polling day”.
When contributions forwarded to Receiver General
476.76 If the name of the contributor of a contribution of more than $20 to a nomination contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a nomination contestant, is not known, the nomination contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Appointment of auditor
476.77 (1) A nomination contestant who has accepted contributions of $10,000 or more in total or incurred nomination campaign expenses of $10,000 or more in total shall appoint an auditor without delay.
Auditor — eligibility
(2) Only the following are eligible to be an auditor for a nomination contestant:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership in which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Auditor — ineligibility
(3) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) a chief agent of a registered party or an eligible party, or a registered agent of a registered party;
(c) a candidate or their official agent;
(d) an electoral district agent of a registered association;
(e) a leadership contestant or their leadership campaign agent;
(f) a nomination contestant or their financial agent; and
(g) a financial agent of a registered third party.
Notification of appointment
(4) Every nomination contestant, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and their signed consent to act in that capacity.
New auditor
(5) If a nomination contestant’s auditor is replaced, the contestant shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and their signed consent to act in that capacity.
Only one auditor
476.78 A nomination contestant shall have no more than one auditor at a time.
Prohibition — auditors
476.79 No person who is ineligible to be an auditor of a nomination contestant shall act in that capacity.
Auditor’s report
476.8 (1) A nomination contestant’s auditor appointed in accordance with subsection 476.77(1) shall, as soon as feasible after the selection date, report to the contestant’s financial agent on the nomination campaign return for that campaign 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.
Statement
(2) The auditor shall include in the report any statement that the auditor considers necessary if
(a) the return does not present fairly the information contained in the financial records on which it is based;
(b) the auditor has not received all of the information and explanations that the auditor required; or
(c) based on the examination, it appears that the financial agent has not kept proper financial records.
Right of access
(3) The auditor shall have access at any reasonable time to all of the nomination contestant’s documents, and may require the contestant and their financial agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Ineligible to prepare report
(4) No person referred to in subsection 476.77(3) who is a partner or an associate of a nomination contestant’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.
Nomination contestants outside Canada
476.81 (1) Despite subsection 476.75(7), a nomination contestant who is outside Canada when the documents referred to in paragraphs 476.75(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 476.75(1)(d) within the period referred to in subsection 476.75(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.
Financial agent relieved of obligation
(2) Despite subsection 476.75(1), the financial agent need not provide the Chief Electoral Officer with the nomination contestant’s dec- laration referred to in paragraph 476.75(1)(d) if, in the circumstances set out in subsection (1), the contestant has not sent it to the financial agent.
Statement of personal expenses
476.82 (1) A nomination contestant shall, within three months after the selection date, send their financial agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that the contestant paid and details of those personal expenses, including documentation of their payment; or
(b) declares that the contestant did not pay for any personal expenses.
Death of contestant
(2) Subsection (1) does not apply to a nomination contestant who dies before the end of the three-month period referred to in that subsection without having sent the written statement.
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral Officer
476.83 (1) The Chief Electoral Officer may correct a document referred to in subsection 476.75(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.
Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a nomination contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 476.75(1), (10), (11), (12) or (15).
Deadline for corrections or revisions
(3) If the Chief Electoral Officer requests the correction or revision, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with the corrected or revised version of the document within the specified period.
Extensions — Chief Electoral Officer
476.84 (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the extension of a period referred to in subsection 476.75(7), (10), (11), (12) or (15), unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.
Deadline
(2) The application may be made within the period referred to in subsection 476.75(7), (10), (11), (12) or (15) or within two weeks after the end of that period.
Corrections or revisions — Chief Electoral Officer
476.85 (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 476.75(1), (10), (11), (12) or (15) 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.
Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
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).
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 their failure to exercise due diligence.
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 their failure to exercise due diligence.
Extensions, corrections or revisions — judge
476.86 (1) A nomination contestant or their financial agent may apply to a judge for an order
(a) relieving the financial agent from the obligation to comply with a request referred to in subsection 476.83(2);
(b) authorizing an extension referred to in subsection 476.84(1); or
(c) authorizing a correction or revision referred to in subsection 476.85(1).
The applicant shall notify the Chief Electoral Officer that the application has been made.
Deadline
(2) The application may be made
(a) under paragraph (1)(a), within the specified period referred to in subsection 476.83(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 476.84(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 476.84, or
(iii) the end of the extended period referred to in subsection 476.84(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 476.85.
Grounds — relief from compliance
(3) The judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 476.83(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.
Grounds — extension
(4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.
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.
Contents of order
(6) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Appearance of financial agent before judge
476.87 (1) A judge dealing with an application under section 476.86 or 476.88 who is satisfied that a nomination contestant or a financial agent has not provided the documents referred to in subsection 476.75(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge.
Show cause orders
(2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent or predecessor
(a) do anything that the judge considers appropriate in order to remedy the failure; or
(b) be examined concerning any information that pertains to the failure.
Recourse of contestant for fault of financial agent
476.88 A nomination contestant may apply to a judge for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that
(a) it occurred without his or her knowledge or acquiescence; or
(b) he or she exercised all due diligence to avoid its occurrence.
The contestant shall notify the Chief Electoral Officer that the application has been made.
Destruction of documents — judge
476.89 (1) A nomination contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 476.75(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.
Grounds
(2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.
Date of relief
(3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.
Prohibition — false, misleading or incomplete document
476.9 No nomination contestant and no financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(1), (10), (11), (12) or (15) that
(a) the contestant or the financial agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) in the case of a document referred to in subsection 476.75(1), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
Surplus of Nomination Campaign Funds
Surplus of nomination campaign funds
476.91 The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the contributions accepted by the financial agent on behalf of the contestant and any other amounts received by the contestant for their nomination campaign that are not repayable are more than the contestant’s nomination campaign expenses paid under this Act and any transfers referred to in paragraph 364(5)(a).
Notice of estimated surplus
476.92 (1) If the Chief Electoral Officer estimates that a nomination contestant has a surplus of nomination campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.
Disposal of surplus funds
(2) The nomination contestant’s financial agent shall dispose of a surplus of nomination campaign funds within 60 days after the day on which they receive the notice of estimated surplus.
Disposal without notice
(3) If a nomination contestant has a surplus of nomination campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s nomination campaign return.
Method of disposal of surplus
476.93 A nomination contestant’s financial agent shall dispose of surplus nomination campaign funds by transferring them to
(a) the official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; or
(b) the registered association that held the nomination contest or the registered party for whose endorsement the contest was held.
Notice of disposal of surplus
476.94 (1) A nomination contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus nomination campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.
Publication
(2) As soon as feasible after the disposal of a nomination contestant’s surplus nomination campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.
Division 5
Candidates
Subdivision a
Official Agent and Auditor
Deeming
477. For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense referred to in section 375.
Duty to appoint official agent
477.1 (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense referred to in section 375.
Appointment of auditor
(2) A candidate shall appoint an auditor on appointing an official agent.
Official agent — ineligibility
477.2 The following persons are ineligible to be an official agent:
(a) an election officer or a member of the staff of a returning officer;
(b) a candidate;
(c) an auditor appointed as required by this Act;
(d) a person who is not an elector;
(e) an undischarged bankrupt; and
(f) a person who does not have full capacity to enter into contracts in the province in which they ordinarily reside.
Auditor — eligibility
477.3 (1) Only the following are eligible to be an auditor for a candidate:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Auditor — ineligibility
(2) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) the candidate or any other candidate;
(c) the official agent of the candidate or any other candidate;
(d) the chief agent of a registered party or an eligible party;
(e) a registered agent of a registered party;
(f) an electoral district agent of a registered association;
(g) a leadership contestant and their leadership campaign agent;
(h) a nomination contestant and their financial agent; and
(i) a financial agent of a registered third party.
If partnership appointed as auditor
477.4 Subject to sections 477.2 and 477.3, a person may be appointed as official agent or auditor for a candidate even if the person is a member of a partnership that has been appointed in accordance with this Act as an auditor for
(a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; or
(b) a registered party.
Consent
477.41 A candidate shall obtain from the official agent or auditor, on appointment, their signed consent to act in that capacity.
Replacement of official agent or auditor
477.42 In the event of the death, incapacity, resignation or ineligibility of an official agent or an auditor, or the revocation of the appointment of one, the candidate shall without delay appoint a replacement.
Only one official agent and auditor
477.43 A candidate shall have no more than one official agent and one auditor at a time.
Prohibition — official agents
477.44 (1) No person who is ineligible to be an official agent of a candidate shall act in that capacity.
Prohibition — auditor
(2) No person who is ineligible to be an auditor of a candidate shall act in that capacity.
Subdivision b
Financial Administration of Candidates
Powers, Duties and Functions of Official Agent
Duty of official agent
477.45 A candidate’s official agent is responsible for administering the candidate’s financial transactions for their electoral campaign and for reporting on those transactions in accordance with this Act.
Bank account
477.46 (1) A candidate’s official agent shall open, for the sole purpose of the candidate’s electoral campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.
Account holder name
(2) The account shall name the account holder as follows: “(name of official agent), official agent”.
Payments and receipts
(3) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment or receipt of money are to be paid from or deposited to the account.
Closure of bank account
(4) After the election or the withdrawal or death of a candidate, the candidate’s official agent shall close the account once all unpaid claims and surplus electoral funds have been dealt with in accordance with this Act.
Final statement of bank account
(5) The official agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.
Prohibition — accepting contributions, borrowing
477.47 (1) No person or entity, other than the candidate’s official agent, shall accept contributions to a candidate’s electoral campaign or borrow money on the candidate’s behalf under section 373.
Prohibition — issuing tax receipts
(2) No person or entity, other than the candidate’s official agent, shall provide official receipts to contributors of monetary contributions to a candidate for the purpose of subsection 127(3) of the Income Tax Act.
Prohibition — accepting or providing goods, services or funds
(3) No person or entity, other than the candidate’s official agent, shall, on behalf of a candidate,
(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.
Prohibition — paying electoral expenses
(4) No person or entity, other than the candidate’s official agent, shall pay expenses in relation to a candidate’s electoral campaign except for petty expenses referred to in section 381 and the candidate’s personal expenses.
Prohibition — incurring electoral expenses
(5) No person or entity, other than a candidate, their official agent or a person authorized under paragraph 477.55(c) to enter into contracts, shall incur expenses in relation to the candidate’s electoral campaign.
Prohibition — paying candidate’s personal expenses
(6) No person or entity, other than a candidate or their official agent, shall pay the candidate’s personal expenses.
Exception
(7) Subsection (4) or (5), as the case may be, does not apply to a registered agent of a registered party who pays or incurs expenses in relation to the electoral campaign of the leader of the registered party.
Expense Limit for Notices of Nomination Meetings
Limit
477.48 (1) The amount that may be spent on providing notice of meetings that are to be held during an election period for the principal purpose of nominating a candidate for an election in an electoral district shall not be more than 1% of the maximum election expenses
(a) that were allowed for a candidate in that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or
(b) that the Chief Electoral Officer determines, in any other case.
Prohibition on official agents, candidates and authorized persons
(2) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur or cause to be incurred total expenses on account of notices referred to in subsection (1) in an amount that is more than the amount determined under that subsection.
Election Expenses Limit
Maximum election expenses allowed
477.49 (1) The election expenses limit that is allowed for a candidate’s election expenses in an electoral district is the product of the base amount for an electoral district determined under section 477.5 and the inflation adjustment factor referred to in section 384 on the day on which the writ is issued.
Election period longer than 37 days
(2) If an election period is longer than 37 days, then the election expenses limit calculated under subsection (1) is increased by adding to it the product of
(a) one thirty-seventh of the election expenses limit calculated under subsection (1), and
(b) the number of days in the election period minus 37.
Base amount of candidate’s election expenses
477.5 (1) The base amount of a candidate’s election expenses in an electoral district is the higher of
(a) the amount calculated, on the basis of the preliminary lists of electors for the electoral district, in accordance with subsections (3) to (6), and
(b) the amount calculated, on the basis of the revised lists of electors for the electoral district, in accordance with subsections (7) to (10).
Death of candidate of registered party
(2) If a candidate for an electoral district whose nomination was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day, the base amount for that electoral district is increased by 50%.
Calculation using preliminary lists of electors
(3) The amount referred to in paragraph (1)(a) is the aggregate of the following amounts, based on the number of the electors on the preliminary lists of electors:
(a) $2.1735 for each of the first 15,000 electors,
(b) $1.092 for each of the next 10,000 electors, and
(c) $0.546 for each of the remaining electors.
Fewer electors than average — general election
(4) If the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all preliminary lists of electors in a general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.
Fewer electors than average — by-election
(5) In the case of a by-election, if the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.
Districts with lower population density
(6) If the number of electors per square kilometre, calculated on the basis of the preliminary lists of electors for the electoral district, is less than 10, the amount calculated under subsection (3) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (3).
Calculation using revised list of electors
(7) The amount referred to in paragraph (1)(b) is the aggregate of the following amounts, based on the number of the electors on the revised lists of electors:
(a) $2.1735 for each of the first 15,000 electors,
(b) $1.092 for each of the next 10,000 electors, and
(c) $0.546 for each of the remaining electors.
Fewer electors than average — general election
(8) If the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in a general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.
Fewer electors than average — by-election
(9) In the case of a by-election, if the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.
Districts with lower population density
(10) If the number of electors per square kilometre, calculated on the basis of the revised lists of electors for the electoral district, is less than 10, the amount calculated under subsection (7) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (7).
Estimated expenses
477.51 (1) On November 15 in each year, the Chief Electoral Officer shall calculate the election expenses limit referred to in section 477.49 for each electoral district, based on the lists of electors in the Register of Electors, as if an election were to be held on that date.
Availability of estimates
(2) The election expenses limit for an electoral district shall be sent
(a) to any person on request; and
(b) to the member of the House of Commons who represents the electoral district and each registered party that endorsed a candidate in the electoral district in the last election.
Maximum amount not guaranteed
(3) The election expenses limit calculated under subsection (1) is an estimate and, as such, may be increased or decreased for an electoral district in the subsequent election period.
Exception
(4) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.
Prohibition — expenses more than maximum
477.52 (1) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur total election expenses in an amount that is more than the election expenses limit calculated under section 477.49.
Prohibition — collusion
(2) No candidate, official agent of a candidate, person who is authorized under paragraph 477.55(c) to enter into contracts or third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the election expenses limit calculated under section 477.49.
Recovery of Claims for Debts
Claim for payment
477.53 A person who has a claim to be paid for an electoral campaign expense shall send the invoice or other document evidencing the claim to the candidate’s official agent or, if there is no official agent, to the candidate.
Payment within three years
477.54 (1) If a claim for an electoral campaign expense is evidenced by an invoice or other document that has been sent under section 477.53, or if a claim for repayment of a loan is made to the candidate under section 373, the claim shall be paid within three years after polling day.
Prohibition — payment without authorization
(2) No candidate and no official agent of a candidate shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 477.56 or 477.57, or ordered to do so as a result of proceedings commenced under section 477.58.
Unenforceable contracts
477.55 A contract in relation to an electoral campaign is not enforceable against the candidate unless it was entered into by
(a) the candidate personally;
(b) the candidate’s official agent; or
(c) a person whom the official agent may, in writing, have authorized to enter into the contract.
Irregular claims or payments — Chief Electoral Officer
477.56 (1) On the written application of a person who has a claim to be paid for an electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the written application of the candidate’s official agent or the candidate, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the candidate’s official agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 477.54(1).
Conditions
(2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).
Irregular claims or payments — judge
477.57 On the application of a person who has a claim to be paid for a candidate’s electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the application of the candidate’s official agent or the candidate, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the candidate’s official agent to pay the amount claimed if
(a) the applicant establishes that an authorization under subsection 477.56(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 477.54(1); or
(b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 477.56(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.
The applicant shall notify the Chief Electoral Officer that the application has been made.
Proceedings to recover payment
477.58 A person who has sent an invoice or other document evidencing a claim under section 477.53, or has a claim for repayment of a loan made to a candidate under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the candidate or their official agent refuses to pay that amount or disputes that it is payable; or
(b) after the end of the period mentioned in subsection 477.54(1) or any extension of that period authorized under subsection 477.56(1) or section 477.57, in any other case.
The candidate shall notify the Chief Electoral Officer that the proceedings have been commenced.
Electoral Campaign Return
Electoral campaign return
477.59 (1) A candidate’s official agent shall provide the Chief Electoral Officer with the following in respect of an election:
(a) an electoral campaign return, in the prescribed form, on the financing and expenses for the candidate’s electoral campaign;
(b) the auditor’s report on the return under section 477.62;
(c) a declaration in the prescribed form by the official agent that the return is complete and accurate; and
(d) a declaration in the prescribed form by the candidate that the return is complete and accurate.
Contents of return
(2) The electoral campaign return shall set out
(a) a statement of election expenses, including a statement of election 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;
(b) a statement of electoral campaign expenses, other than election expenses, including a statement of electoral campaign expenses incurred for voter contact cal- ling 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;
(c) a statement of claims that are the subject of proceedings under section 477.58;
(d) a statement of unpaid claims, including those resulting from loans made to the candidate under section 373;
(e) a statement of the terms and conditions of each loan made to the candidate 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, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
(f) the total amount of contributions received by the candidate;
(g) the number of contributors;
(h) the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each of those contributions and the date on which the candidate received it;
(i) a statement of the commercial value of goods or services provided and of funds transferred by the candidate to a registered party, to a registered association or to themselves in their capacity as a nomination contestant;
(j) a statement of the commercial value of goods or services provided and of funds transferred to the candidate from a registered party, a registered association or a nomination contestant; and
(k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Supporting documents
(3) Together with the electoral campaign return, the official agent of a candidate shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement concerning personal expenses referred to in subsection 477.64(1).
Additional supporting documents
(4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.
Report
(5) If there is any amendment to the information in a statement referred to in paragraph (2)(e), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the candidate’s official agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Publication
(6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(e) and any report provided under subsection (5) as soon as feasible after receiving the information or report.
Period for providing documents
(7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within four months after polling day.
Declaration of candidate
(8) A candidate shall, within four months after polling day, send their official agent the declaration referred to in paragraph (1)(d).
Death of candidate
(9) If a candidate dies without having sent the declaration within the period referred to in subsection (8),
(a) they are deemed to have sent the declaration in accordance with that subsection;
(b) the official agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1); and
(c) the Chief Electoral Officer is deemed to have received the declaration for the purposes of sections 477.73, 477.75 and 477.76.
Payment of unpaid claims
(10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the candidate’s official agent shall provide him or her with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.
First update
(11) The candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 18 months after polling day, within the period that begins 18 months after polling day and ends 19 months after polling day. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:
(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 477.58;
(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.
Second update
(12) The candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 36 months after polling day, within the period that begins 36 months after polling day and ends 37 months after polling day. The updated version shall include the information referred to in paragraphs (11)(a) to (f).
Supporting documents
(13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the candidate’s official agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.
Additional supporting documents
(14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.
Irregular claims and payments
(15) The candidate’s official agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 477.56 or 477.57 or an order to pay resulting from proceedings commenced under section 477.58. The official agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.
Uncollectable debts
477.6 (1) If the updated version of the statement of unpaid claims provided under subsection 477.59(11) or (12) indicates that an unpaid amount of a loan has been written off by the lender as an uncollectable debt in accord- ance with the lender’s normal accounting practices, and the candidate is the candidate of a registered party, then the Chief Electoral Officer shall without delay inform the lender, the registered party and, if the registered party has a registered association in the candidate’s electoral district, the registered association.
Representations
(2) The Chief Electoral Officer shall give the lender, the registered party and the registered association the opportunity to make representations to him or her.
Chief Electoral Officer’s determination
(3) The Chief Electoral Officer shall, without delay after receiving the representations, determine whether the unpaid amount has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices. He or she shall then inform the lender, the candidate, the registered party and the registered association of his or her determination.
Registered association or party liable
(4) If the Chief Electoral Officer determines that the unpaid amount has been written off by the lender as an uncollectable debt in accord- ance with the lender’s normal accounting practices, then the registered association or, if there is no registered association, the registered party becomes liable for the unpaid amount as if the association or party, as the case may be, had guaranteed the loan.
When contributions forwarded to Receiver General
477.61 If the name of the contributor of a contribution of more than $20 to a candidate, or the name or the address of a contributor who has made contributions of a total amount of more than $200 to a candidate, is not known, the candidate’s official agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Auditor’s report
477.62 (1) As soon as feasible after polling day, a candidate’s auditor shall report to the candidate’s official agent on the electoral campaign 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.
Checklist
(2) The auditor’s report shall include a completed checklist for audits in the prescribed form.
Statement
(3) The auditor shall include in the report any statement that the auditor considers necessary if
(a) the return does not present fairly the information contained in the financial records on which it is based;
(b) the auditor has not received all the information and explanations that the auditor required; or
(c) based on the examination, it appears that the official agent has not kept proper financial records.
Right of access
(4) The auditor shall have access at any reasonable time to all of the candidate’s documents, and may require the candidate and their official agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Ineligible to prepare report
(5) No person referred to in subsection 477.3(2) who is a partner or an associate of a candidate’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (4), in the preparation of the auditor’s report.
Candidates outside Canada
477.63 (1) Despite subsection 477.59(7), a candidate who is outside Canada when the documents referred to in paragraphs 477.59(1)(a) to (c) are provided to the Chief Electoral Officer need not send their official agent the declaration referred to in paragraph 477.59(1)(d) within the period referred to in subsection 477.59(7), but if the candidate does not send it to their official agent within that period then the candidate shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which they return to Canada.
Official agent relieved of obligation
(2) Despite subsection 477.59(1), the official agent need not provide the Chief Electoral Officer with the candidate’s declaration referred to in paragraph 477.59(1)(d) if, in the circumstances set out in subsection (1), the candidate has not sent it to the official agent.
Statement of personal expenses
477.64 (1) A candidate shall, within three months after polling day, send their official agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that the candidate paid and details of those personal expenses, including documentation of their payment; or
(b) declares that the candidate did not pay for any personal expenses.
Death of candidate
(2) Subsection (1) does not apply to a candidate who dies before the end of the three-month period referred to in that subsection without having sent the written statement.
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral Officer
477.65 (1) The Chief Electoral Officer may correct a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.
Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a candidate’s official agent to correct or revise, within a specified period, a document referred to in subsection 477.59(1), (10), (11), (12) or (15).
Deadline for correction or revision
(3) If the Chief Electoral Officer requests a correction or revision, the candidate’s official agent shall provide him or her with the corrected or revised version of the document within the specified period.
Extensions — Chief Electoral Officer
477.66 (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the extension of a period referred to in subsection 477.59(7), (10), (11), (12) or (15), unless he or she is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.
Deadline
(2) The application may be made within the period referred to in subsection 477.59(7), (10), (11), (12) or (15) or within two weeks after the end of that period.
Corrections or revisions — Chief Electoral Officer
477.67 (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the correction or revision of a document referred to in subsection 477.59(1), (10), (11), (12) or (15) 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.
Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
Deadline for correction or revision
(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).
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.
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 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.
Extensions, corrections or revisions — judge
477.68 (1) A candidate or their official agent may apply to a judge for an order
(a) relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2);
(b) authorizing an extension referred to in subsection 477.66(1); or
(c) authorizing a correction or revision referred to in subsection 477.67(1).
The applicant shall notify the Chief Electoral Officer that the application has been made.
Deadline
(2) The application may be made
(a) under paragraph (1)(a), within the specified period referred to in subsection 477.65(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 477.66(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 477.66, or
(iii) the end of the extended period referred to in subsection 477.66(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 477.67.
Grounds — relief from compliance
(3) The judge shall grant an order relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(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.
Grounds — extension
(4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.
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.
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.
Procedure
(7) If an application is made under paragraph (1)(a) in respect of a candidate who is a Member of the House of Commons at the time the application is made, the judge shall hear the application without delay and in a summary manner, and a court of appeal shall hear any appeal arising from the application without delay and in a summary manner.
Appearance of official agent before judge
477.69 (1) A judge dealing with an application under section 477.68 or 477.7 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 477.59(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the official agent or a predecessor of the official agent shall, by order served personally, require the official agent or that predecessor to appear before the judge.
Show cause orders
(2) The judge shall, unless the official agent or predecessor on his or her appearance shows cause why an order should not be issued, order that the agent or predecessor
(a) do anything that the judge considers appropriate in order to remedy the failure; or
(b) be examined concerning any information that pertains to the failure.
Recourse of candidate for fault of official agent
477.7 A candidate may apply to a judge for an order that relieves the candidate from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the candidate’s official agent, if the candidate establishes that
(a) it occurred without the candidate’s knowledge or acquiescence; or
(b) the candidate exercised all due diligence to avoid its occurrence.
The candidate shall notify the Chief Electoral Officer that the application has been made.
Destruction of documents — judge
477.71 (1) A candidate or their official agent may apply to a judge for an order relieving the official agent from the obligation to provide a document referred to in subsection 477.59(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.
Grounds
(2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.
Date of relief
(3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.
Prohibition — false, misleading or incomplete document
477.72 (1) No candidate and no official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) that
(a) the candidate or the official agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) in the case of a document referred to in subsection 477.59(1), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
Membership in House of Commons suspended
(2) If the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1) or paragraph 477.68(1)(b), or that a correction or revision was not made as authorized by subsection 477.67(1) within the period provided in subsection 477.67(3), then the Chief Electoral Officer shall so inform the Speaker of the House of Commons and the candidate is not entitled to continue to sit or vote as a member of the House of Commons until the document, correction or revision is provided or made, as the case may be.
Membership in House of Commons suspended
(3) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision that was requested to be made under subsection 477.65(2) was not made within the period specified, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of
(a) the end of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or
(b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the day on which the application is finally disposed of so as to deny it.
Speaker informed
(4) As soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under subsection (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.
Reimbursement of Election Expenses and Personal Expenses
Reimbursement — first instalment
477.73 (1) Without delay after receipt of a return of the writ for an electoral district, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out
(a) the name of the elected candidate, if any;
(b) the name of any candidate who received 10% or more of the number of valid votes cast; and
(c) the amount that is 15% of the election expenses limit calculated under section 477.49.
Payment of partial reimbursement
(2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses and personal expenses. The payment may be made to the person designated by the official agent.
Return of excess payment
(3) A candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than 60% of the total of
(a) the candidate’s personal expenses that the candidate has paid, and
(b) the candidate’s election expenses, as set out in the candidate’s electoral campaign return.
Reimbursement — final instalment
477.74 (1) On receipt of the documents referred to in subsection 477.59(1), or a corrected or revised version of any of those documents, in respect of a candidate named in a certificate, the Chief Electoral Officer shall provide the Receiver General with a certificate that
(a) states that the Chief Electoral Officer is satisfied that the candidate and their official agent have complied with the requirements of subsection 477.56(2) and sections 477.59 to 477.71;
(b) states that the auditor’s report does not include a statement referred to in subsection 477.62(3);
(c) states that the candidate has incurred more than 30% of the election expenses limit calculated under section 477.49; and
(d) sets out the amount of the final instalment of the candidate’s election expenses and personal expenses reimbursement, calculated under subsection (2).
Calculation of reimbursement
(2) The amount referred to in paragraph (1)(d) is the lesser of
(a) 60% of the sum of the candidate’s paid election expenses and paid personal expenses, as set out in their electoral campaign return, less the partial reimbursement made under section 477.73, and
(b) 60% of the election expenses limit calculated under section 477.49, less the partial reimbursement made under section 477.73.
Reduction of reimbursement
(3) If a candidate’s election expenses, as set out in their electoral campaign return, exceed the election expenses limit calculated under section 477.49, the amount that is provided for in subsection (2) is reduced as follows:
(a) by one dollar for every dollar that exceeds the limit by less than 5%;
(b) by two dollars for every dollar that exceeds the limit by 5% or more but by less than 10%;
(c) by three dollars for every dollar that exceeds the limit by 10% or more but by less than 12.5%; and
(d) by four dollars for every dollar that exceeds the limit by 12.5% or more.
Payment of final instalment
(4) On receipt of the certificate, the Receiver General shall pay, out of the Consolidated Revenue Fund, the amount set out in it to the candidate’s official agent. The payment may be made to the person designated by the official agent.
Reimbursement
(5) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (3), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 477.73.
Audit fee
477.75 On receipt of the documents referred to in subsection 477.59(1), including the auditor’s report, and a copy of the auditor’s invoice for the auditor’s report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of
(a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate’s election expenses and $1,500, and
(b) $250.
Payment
477.76 On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.
Return of deposit
477.77 (1) The Chief Electoral Officer shall provide the Receiver General with a certificate that lists the names of
(a) each candidate, including one who has withdrawn under subsection 74(1), whose official agent the Chief Electoral Officer is satisfied has provided the documents under section 477.59 and returned any unused forms referred to in section 477.86, in accordance with subsection 477.88(2); and
(b) any candidate who has died before the closing of all the polling stations.
Payment
(2) On receipt of the certificate, the Receiver General shall pay out of the Consolidated Revenue Fund the amount of each listed candidate’s nomination deposit to their official agent. The payment may be made to the person designated by the official agent.
No official agent acting at candidate’s death
(3) If there is no official agent in the case described in paragraph (1)(b), the Chief Electoral Officer may return the nomination deposit to any person that he or she considers appropriate.
Forfeit to Her Majesty
(4) Any nomination deposit that is not returned under this section is forfeited to Her Majesty in right of Canada.
Death of candidate
477.78 If a candidate who was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day,
(a) they are deemed for the purpose of section 477.73 to receive 10% of the valid votes cast in the electoral district in which they were a candidate; and
(b) in the certificate referred to in subsection 477.73(1) the Chief Electoral Officer shall set out, for the other candidates in that electoral district, the amount that is 22.5% of the election expenses limit calculated under section 477.49.
Withdrawal of writ
477.79 Division 1 of this Part and this Division apply to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under subsection 59(1) or deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, except that in such a case
(a) the election is deemed to have been held on a polling day that is the day of publication of the notice of withdrawal in the Canada Gazette under subsection 59(2) or section 551; and
(b) each candidate is deemed to have received 10% of the number of the votes that would have been validly cast at that deemed election.
Surplus of Electoral Funds
Surplus of electoral funds
477.8 (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (3) are more than the total of the candidate’s electoral campaign expenses paid by their official agent and the transfers referred to in subsection (4).
Transfer or sale of capital assets
(2) Before the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of section 375 to the registered party that has endorsed the candidate — or to the registered association of that party — or sell them at their fair market value.
Electoral revenues
(3) The electoral revenues of a candidate include any amount that represents
(a) a monetary contribution made to the candidate;
(b) an election expense or personal expense for which the candidate was reimbursed under this Act;
(c) the candidate’s nomination deposit for which they were reimbursed;
(d) the resale value of the capital assets referred to in subsection (2); and
(e) any other amount that was received by the candidate for their electoral campaign and that is not repayable.
Transfers
(4) A transfer made by a candidate is a transfer of
(a) any funds that the candidate transfers, during the election period, to a registered party or a registered association;
(b) any amount of a reimbursement referred to in paragraphs (3)(b) and (c) that the candidate transfers to that registered party; and
(c) any funds transferred by the candidate under paragraph 364(3)(d).
Notice of estimated surplus
477.81 (1) If the Chief Electoral Officer estimates that a candidate has a surplus of electoral funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the candidate’s official agent.
Disposal of surplus funds
(2) The candidate’s official agent shall dispose of a surplus of electoral funds within 60 days after the day on which they receive the notice of estimated surplus.
Disposal without notice
(3) If a candidate has a surplus of electoral funds but their official agent has not received a notice of estimated surplus, the official agent shall dispose of the surplus within 60 days after, as the case may be,
(a) the later of
(i) the day on which they receive the final instalment of the reimbursement of the candidate’s election expenses and personal expenses, and
(ii) the day on which they receive the reimbursement of the candidate’s nomination deposit; or
(b) the day on which the Chief Electoral Officer is provided with the candidate’s electoral campaign return, if the candidate did not receive either of the reimbursements mentioned in paragraph (a).
Method of disposal of surplus
477.82 A candidate’s official agent shall dispose of surplus electoral funds by transferring them
(a) in the case of a candidate who was endorsed by a registered party, to that party or to the registered association of that party in the candidate’s electoral district; or
(b) in any other case, to the Receiver General.
Notice of disposal of surplus
477.83 (1) A candidate’s official agent shall, within seven days after disposing of a candidate’s surplus electoral funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.
Publication
(2) As soon as feasible after the disposal of a candidate’s surplus electoral funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.
Requisition for repayment
477.84 (1) An official agent who has disposed of a candidate’s surplus electoral funds under paragraph 477.82(b) and must subsequently pay an electoral campaign expense of the candidate may apply to the Chief Electoral Officer for repayment in an amount that is not more than the lesser of the amount of the subsequent payment and the amount of the surplus electoral funds.
Repayment
(2) On receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the official agent out of the Consolidated Revenue Fund.
Prohibition — transfer of contributions
477.85 No registered agent of a registered party, no financial agent of a registered association and no financial agent of a nomination contestant shall transfer funds to a candidate after polling day except to pay claims related to the candidate’s electoral campaign.
Supply and Use of Forms
Prescribed forms — Income Tax Act
477.86 A candidate and their official agent shall use the prescribed forms for official receipts to contributors for the purpose of subsection 127(3) of the Income Tax Act.
Provision of forms to returning officers
477.87 The Chief Electoral Officer shall provide each returning officer with copies of prescribed forms.
Provision of forms to candidates
477.88 (1) A returning officer shall provide each candidate in their electoral district with a reasonable number of copies of each prescribed form requested by the candidate or by their official agent.
Return of unused forms
(2) A candidate and their official agent shall return any unused forms referred to in section 477.86 within a month after polling day.
Designated forms
(3) The Chief Electoral Officer may, from among forms that are to be provided under subsection (1), designate those that may be provided only to the official agent of a candidate whose nomination has been confirmed under subsection 71(1).
Subdivision c
Gifts and Other Advantages
Definition of “candidate”
477.89 For the purposes of sections 477.9 to 477.95, a candidate is deemed to have become a candidate on the earlier of
(a) the day on which they are selected at a nomination contest, and
(b) the day on which the writ is issued for the election.
Prohibition
477.9 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence them in the performance of their duties and functions as a member of the House of Commons if the candidate were to be elected, during the period that
(a) begins on the day on which they are deemed to have become a candidate; and
(b) ends on
(i) the day on which they withdraw, if they withdraw in accordance with subsection 74(1),
(ii) the day on which they become a member of the House of Commons, if they are elected, or
(iii) polling day, in any other case.
Exception
(2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.
Statement of candidate
(3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,
(a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;
(b) the name and address of the person or entity giving the gift or other advantage; and
(c) the circumstances under which the gift or other advantage was given.
Clarification
(4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.
Period for providing statement
(5) The candidate shall provide the statement to the Chief Electoral Officer within four months after
(a) polling day; or
(b) the day on which a notice of the withdrawal or deemed withdrawal of the writ for the election is published in the Canada Gazette under subsection 59(2) or section 551.
Definitions
(6) The following definitions apply in this section.
“common-law partnership”
« union de fait »
“common-law partnership” means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.
“gift or other advantage”
« cadeau ou autre avantage »
“gift or other advantage” means
(a) an amount of money if there is no obligation to repay it; and
(b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value.
It does not include a contribution made by an eligible individual under Division 1 of this Part to the official agent of a candidate that does not exceed the limits set out in that Division, or a provision of goods or services or a transfer of funds under section 364.
“relative”
« parent »
“relative”, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.
Extensions — Chief Electoral Officer
477.91 (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the extension of the period referred to in subsection 477.9(5), unless he or she is satisfied that the candidate’s failure to make the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.
Deadline
(2) The application may be made within the period referred to in subsection 477.9(5) or within two weeks after the end of that period.
Corrections or revisions — Chief Electoral Officer
477.92 (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the correction or revision of the statement if he or she is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.
Application made without delay
(2) The application shall be made immediately after the candidate becomes aware of the need for correction or revision.
Deadline for corrections or revisions
(3) The candidate shall provide the Chief Electoral Officer with the corrected or revised version of the statement 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).
New deadline
(4) The Chief Electoral Officer, on the written application of the candidate 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 candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.
Extension of new deadline
(5) The Chief Electoral Officer, on the written application of the candidate 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 candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.
Extensions, corrections or revisions — judge
477.93 (1) A candidate may apply to a judge for an order
(a) authorizing an extension referred to in subsection 477.91(1); or
(b) authorizing a correction or revision referred to in subsection 477.92(1).
The candidate shall notify the Chief Electoral Officer that the application has been made.
Deadline
(2) The application may be made
(a) under paragraph (1)(a), 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 477.91(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 477.91, or
(iii) the end of the extended period referred to in subsection 477.91(1); or
(b) under paragraph (1)(b), within two weeks after the rejection of an application for a correction or revision made in accordance with section 477.92.
Grounds — extension
(3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the candidate’s failure to provide the required statement was deliberate or was the result of their failure to exercise due diligence.
Grounds — corrections or revisions
(4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.
Contents of order
(5) An order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Chief Electoral Officer to retain statements
477.94 (1) The Chief Electoral Officer shall retain in its possession the statements referred to in subsection 477.9(3) for at least one year after the return of the writ for the election.
Information to be kept confidential
(2) The Chief Electoral Officer shall keep the statements provided under subsection 477.9(3) confidential.
Exception
(3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by the Director for the purpose of a prosecution for an offence under this Act.
Prohibition — false, misleading or incomplete statement
477.95 No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 477.9(3) that
(a) the candidate 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 that subsection.
Division 6
Leadership Contestants
Interpretation
Definition of “personal expenses”
478. In this Division, “personal expenses” means the expenses of a personal nature that are reasonably incurred by or on behalf of a leadership contestant in relation to their leadership campaign and includes
(a) travel and living expenses;
(b) childcare expenses;
(c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and
(d) in the case of a contestant who has a disability, additional expenses that are related to the disability.
Subdivision a
Registration of Leadership Contestants
Notice of leadership contest
478.1 (1) If a registered party proposes to hold a leadership contest, the party’s chief agent shall file with the Chief Electoral Officer a statement setting out the dates on which the leadership contest is to begin and end.
Variation and cancellation
(2) A registered party that proposes to vary the leadership contest period or to cancel a leadership contest shall file with the Chief Electoral Officer a statement setting out, as the case may be, the amended beginning date or ending date or the fact of its cancellation.
Publication
(3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsections (1) and (2).
Duty to register
478.2 (1) Every person who accepts contributions for, or incurs leadership campaign expenses in relation to, their campaign for the leadership of a registered party shall apply to the Chief Electoral Officer for registration as a leadership contestant.
Deeming
(2) For the purposes of Division 1 of this Part and this Division, a leadership contestant is deemed to have been a leadership contestant from the time they accept a contribution, incur a leadership campaign expense or borrow money under section 373.
Contents of application
478.3 (1) An application for registration as a leadership contestant shall include the following:
(a) the name of the leadership contestant;
(b) the address of the place where the records of the leadership contestant are maintained and to which communications may be addressed;
(c) the name and address of the leadership contestant’s auditor; and
(d) the name and address of the leadership contestant’s financial agent.
Accompanying documents
(2) The application shall be accompanied by the following:
(a) the signed consent of the financial agent to act in that capacity;
(b) the signed consent of the auditor to act in that capacity;
(c) a declaration signed by the chief agent of the registered party holding the leadership contest certifying that the party accepts the applicant as a leadership contestant; and
(d) a statement containing the information referred to in paragraphs 478.8(2)(d) to (g) with respect to contributions received and loans incurred before the first day of the leadership contest.
Examination of application
(3) The Chief Electoral Officer shall register a leadership contestant who meets the requirements set out in subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met.
Registry
478.4 The Chief Electoral Officer shall maintain a registry of leadership contestants that contains the information referred to in subsection 478.3(1).
Appointments
478.5 (1) A leadership contestant may appoint leadership campaign agents authorized to accept contributions and to incur and pay leadership campaign expenses for the contestant. The appointment is subject to any terms and conditions that it specifies.
Report of appointment
(2) Within 30 days after the appointment of a leadership campaign agent, the leadership contestant shall provide the Chief Electoral Officer with a written report, certified by the contestant’s financial agent, that includes the leadership campaign agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of leadership contestants.
Agents — ineligibility
478.6 The following persons are ineligible to be the financial agent or a leadership campaign agent of a leadership contestant:
(a) an election officer or a member of the staff of a returning officer;
(b) a leadership contestant;
(c) an auditor appointed as required by this Act;
(d) a person who is not an elector;
(e) an undischarged bankrupt; and
(f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.
Auditor — eligibility
478.61 (1) Only the following are eligible to be an auditor for a leadership contestant:
(a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or
(b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.
Auditor — ineligibility
(2) The following persons are ineligible to be an auditor:
(a) an election officer or a member of the staff of a returning officer;
(b) the chief agent of a registered party or an eligible party, or a registered agent of a registered party;
(c) a candidate or their official agent;
(d) an electoral district agent of a registered association;
(e) a leadership contestant or their leadership campaign agent;
(f) a nomination contestant or their financial agent; and
(g) a financial agent of a registered third party.
If partnership appointed as auditor
(3) A person may be appointed as agent for a leadership contestant even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.
Consent
478.62 A leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to act in that capacity.
Replacement of financial agent or auditor
478.63 In the event of the death, incapacity, resignation or ineligibility of the financial agent or auditor, or the revocation of the appointment of one, the leadership contestant shall without delay appoint a replacement.
Only one financial agent and auditor
478.64 A leadership contestant shall have no more than one financial agent and one auditor at a time.
Prohibition — agents
478.65 (1) No person who is ineligible to be a financial agent or a leadership campaign agent of a leadership contestant shall act in that capacity.
Prohibition — auditor
(2) No person who is ineligible to be an auditor of a leadership contestant shall act in that capacity.
Changes in registered information
478.66 (1) Within 30 days after a change in the information referred to in subsection 478.3(1) in respect of a leadership contestant, the leadership contestant shall report the change in writing to the Chief Electoral Officer.
New auditor or financial agent
(2) If the report involves the replacement of the leadership contestant’s auditor or financial agent, it shall include a copy of the signed consent referred to in section 478.62.
Registration of change
(3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of leadership contestants.
Withdrawal of leadership contestant
478.67 A leadership contestant who withdraws from the leadership contest shall file with the Chief Electoral Officer a statement in writing to that effect signed by the contestant and indicating the date of the withdrawal. The Chief Electoral Officer shall indicate the withdrawal in the registry of leadership contestants.
Notice of withdrawal of acceptance
478.68 A registered party that withdraws its acceptance of a leadership contestant shall file with the Chief Electoral Officer a statement in writing to that effect signed by the party’s chief agent and indicating the date of the withdrawal. The Chief Electoral Officer shall register the withdrawal of acceptance in the registry of leadership contestants.
Relieved of obligations
478.69 A leadership contestant who withdraws in accordance with section 478.67 or whose acceptance is withdrawn in accordance with section 478.68 is relieved of the obligation to provide returns under section 478.81 for any period after the withdrawal.
Notification of registered party
478.7 The Chief Electoral Officer shall, on becoming aware that a leadership contestant of a registered party has failed to comply with any requirement under this Division, notify the party accordingly.
Subdivision b
Financial Administration of Leadership Contestants
Powers, Duties and Functions of Financial Agent
Duty of financial agent
478.71 A leadership contestant’s financial agent is responsible for administering the contestant’s financial transactions for their leadership campaign and for reporting on those transactions in accordance with this Act.
Bank account
478.72 (1) A leadership contestant’s financial agent shall open, for the sole purpose of the contestant’s leadership campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.
Account holder name
(2) The account shall name the account holder as follows: “(name of financial agent), financial agent”.
Payments and receipts
(3) All of a leadership contestant’s financial transactions in relation to the contestant’s leadership campaign that involve the payment or receipt of money are to be paid from or deposited to the account.
Closure of bank account
(4) After the end of the leadership contest or the withdrawal or death of the leadership contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus leadership campaign funds have been dealt with in accordance with this Act.
Final statement of bank account
(5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.
Prohibition — accepting contributions, borrowing
478.73 (1) No person or entity, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant’s leadership campaign or borrow money on the contestant’s behalf under section 373.
Prohibition — accepting goods, services or funds or transferring funds
(2) No person or entity, other than a leadership campaign agent of a leadership contestant, shall, on the contestant’s behalf,
(a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364 or 365; or
(b) transfer funds, if the transfer is permitted under section 364.
Prohibition — accepting certain transfers of funds
(3) No leadership campaign agent of a leadership contestant shall, on the contestant’s behalf, accept a transfer of funds from a registered party or registered association, except the transfer by a registered party of an amount out of a directed contribution as defined in subsection 365(2).
Prohibition — paying leadership campaign expenses
(4) No person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses, other than personal expenses.
Prohibition — incurring leadership campaign expenses
(5) No person or entity, other than the leadership contestant or one of their leadership campaign agents, shall incur the contestant’s leadership campaign expenses.
Prohibition — paying contestant’s personal expenses
(6) No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s personal expenses.
Recovery of Claims for Debts
Claim for payment
478.74 A person who has a claim to be paid for a leadership campaign expense shall send the invoice or other document evidencing the claim to the leadership contestant’s financial agent or, if there is no financial agent, to the leadership contestant.
Payment within three years
478.75 (1) If a claim for a leadership campaign expense is evidenced by an invoice or other document that has been sent under section 478.74, or if a claim for repayment of a loan is made to the leadership contestant under section 373, the claim shall be paid within three years after the day on which the leadership contest ends.
Prohibition — payment without authorization
(2) No leadership contestant and no financial agent of a leadership contestant shall pay a claim referred to in subsection (1) after the expiry of the three-year period referred to in that subsection unless authorized to do so under section 478.77 or 478.78, or ordered to do so as a result of proceedings commenced under section 478.79.
Unenforceable contracts
478.76 A contract in relation to a leadership campaign is not enforceable against the leadership contestant unless it was entered into by the contestant personally or by one of the contestant’s leadership campaign agents.
Irregular claims or payments — Chief Electoral Officer
478.77 (1) On the written application of a person who has a claim to be paid for a leadership campaign expense in relation to a leadership contestant or to be paid for a loan made to the contestant under section 373, or on the written application of the contestant’s financial agent or the contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the contestant’s financial agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 478.75(1).
Conditions
(2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).
Irregular claims or payments — judge
478.78 On the application of a person who has a claim to be paid for a leadership campaign expense in relation to a leadership contestant or to be paid for a loan made to the contestant under section 373, or on the application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed if
(a) the applicant establishes that an authorization under subsection 478.77(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 478.75(1); or
(b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 478.77(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.
The applicant shall notify the Chief Electoral Officer that the application has been made.
Proceedings to recover payment
478.79 A person who has sent an invoice or other document evidencing a claim under section 478.74, or has a claim for repayment of a loan made to a leadership contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
(a) at any time, if the leadership contestant or their financial agent refuses to pay that amount or disputes that it is payable; and
(b) after the end of the three-year period referred to in subsection 478.75(1) or any extension of that period authorized under subsection 478.77(1) or section 478.78, in any other case.
The leadership contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.
Leadership Campaign Return
Leadership campaign return
478.8 (1) A leadership contestant’s financial agent shall provide the Chief Electoral Officer with the following in respect of a leadership contest:
(a) a leadership campaign return, in the prescribed form, on the financing and leadership campaign expenses for the leadership campaign;
(b) the auditor’s report on the return, if one is required under subsection 478.83(1);
(c) a declaration in the prescribed form by the financial agent that the return is complete and accurate; and
(d) a declaration in the prescribed form by the leadership contestant that the return is complete and accurate.
Contents of return
(2) The leadership campaign return shall set out
(a) a statement of leadership campaign expenses;
(b) a statement of claims that are the subject of proceedings under section 478.79;
(c) a statement of unpaid claims, including those resulting from loans made to the leadership contestant under section 373;
(d) a statement of the terms and conditions of each loan made to the leadership contestant 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, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;
(e) the total amount of contributions received by the leadership contestant;
(f) the number of contributors;
(g) the name and address of each contributor who made contributions of a total amount of more than $200 to the leadership contestant, that total amount, as well as the amount of each of those contributions and the date on which the contestant received it;
(h) the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 365(2) out of which an amount has been transferred by the party to the contestant, the amount of the contribution, the amount of the directed contribution and the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;
(i) a statement of the commercial value of goods or services provided and of funds transferred by the leadership contestant to a registered party or a registered association;
(j) a statement of the commercial value of goods or services provided and of funds transferred to the leadership contestant by a registered party or a registered association; and
(k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Supporting documents
(3) Together with the leadership campaign return, the leadership 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 concerning personal expenses referred to in subsection 478.85(1).
Additional supporting documents
(4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Report
(5) If there is any amendment to the information in a statement referred to in paragraph (2)(d), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the leadership contestant’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.
Publication
(6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(d) and any report provided under subsection (5) as soon as feasible after receiving the information or report.
Period for providing documents
(7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within six months after the end of the leadership contest.
Declaration of leadership contestant
(8) A leadership contestant shall, within six months after the end of the leadership contest, send their financial agent the declaration referred to in paragraph (1)(d).
Death of leadership contestant
(9) If a leadership contestant dies without having sent the declaration within the period referred to in subsection (8),
(a) they are deemed to have sent the declaration in accordance with that subsection; and
(b) the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1).
Payment of unpaid claims
(10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.
First update
(11) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 18 months after the end of the leadership contest, within the period that begins 18 months after the end of the leadership contest and ends 19 months after the end of the leadership contest. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:
(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 478.79;
(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.
Second update
(12) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 36 months after the end of the leadership contest, within the period that begins 36 months after the end of the leadership contest and ends 37 months after the end of the leadership contest. The updated version shall include the information referred to in paragraphs (11)(a) to (f).
Supporting documents
(13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.
Additional supporting documents
(14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.
Irregular claims and payments
(15) The leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 478.77 or 478.78 or an order to pay resulting from proceedings commenced under section 478.79. The financial agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.
Return on contributions
478.81 (1) A leadership contestant’s financial agent shall, for the period beginning on the first day of the leadership contest and ending on the day that is four weeks before the end of the leadership contest, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 478.8(2)(d) to (k) if the leadership contestant has, during that period, accepted contributions of more than $10,000 in total or incurred leadership campaign expenses of more than $10,000 in total. The financial agent shall provide the return within one week after the end of that period.
Second return
(2) The leadership contestant’s financial agent shall also provide the Chief Electoral Officer with such a return for the period beginning on the first day after the end of the period referred to in subsection (1) and ending on the day that is one week before the end of the leadership contest. The financial agent shall provide the return no later than two days before the end of the leadership contest.
Return on contributions
(3) The financial agent of a leadership contestant who attains the threshold for contributions or expenses as described in subsection (1) after the period referred to in that subsection shall provide the Chief Electoral Officer with a return that includes the information referred to in that subsection for the period beginning on the first day of the leadership contest and ending on the day that is one week before the end of the leadership contest. The financial agent shall provide the return no later than two days before the end of the leadership contest.
When contributions forwarded to Receiver General
478.82 If the name of the contributor of a contribution of more than $20 to a leadership contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a leadership contestant, is not known, the leadership contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.
Auditor’s report
478.83 (1) As soon as feasible after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $5,000 or more in total or incurred leadership campaign expenses of $5,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return for that contest 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.
Statement
(2) The auditor shall include in the report any statement that the auditor considers necessary if
(a) the return does not present fairly the information contained in the financial records on which it is based;
(b) the auditor has not received all the information and explanations that the auditor required; or
(c) based on the examination, it appears that the financial agent has not kept proper financial records.
Right of access
(3) The auditor shall have access at any reasonable time to all of the leadership contestant’s documents, and may require the contestant and their financial agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
Ineligible to prepare report
(4) No person referred to in subsection 478.61(2) who is a partner or an associate of a leadership contestant’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.
Leadership contestants outside Canada
478.84 (1) Despite subsection 478.8(7), a leadership contestant who is outside Canada when the documents referred to in paragraphs 478.8(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 478.8(1)(d) within the period referred to in subsection 478.8(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.
Financial agent relieved of obligation
(2) Despite subsection 478.8(1), the financial agent need not provide the Chief Electoral Officer with the leadership contestant’s declaration referred to in paragraph 478.8(1)(d) if, in the circumstances set out in subsection (1), the contestant has not sent it to the financial agent.
Statement of personal expenses
478.85 (1) A leadership contestant shall, within five months after the end of the leadership contest, send their financial agent a written statement in the prescribed form that
(a) sets out the amount of any personal expenses that the contestant paid and details of those personal expenses, including documentation of their payment; or
(b) declares that the contestant did not pay for any personal expenses.
Death of contestant
(2) Subsection (1) does not apply to a leadership contestant who dies before the end of the five-month period referred to in that subsection without having sent the written statement.
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral Officer
478.86 (1) The Chief Electoral Officer may correct a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.
Corrections or revisions at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a leadership contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 478.8(1), (10), (11), (12) or (15).
Deadline for correction or revision
(3) If the Chief Electoral Officer requests the correction or revision, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with the corrected or revised version of the document within the specified period.
Extensions — Chief Electoral Officer
478.87 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the extension of a period referred to in subsection 478.8(7), (10), (11), (12) or (15), unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.
Deadline
(2) The application may be made within the period referred to in subsection 478.8(7), (10), (11), (12) or (15) or within two weeks after the end of that period.
Corrections or revisions — Chief Electoral Officer
478.88 (1) The Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 478.8(1), (10), (11), (12) or (15) 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.
Application made without delay
(2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.
Deadline for correction or revision
(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).
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.
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.
Extensions, corrections or revisions — judge
478.89 (1) A leadership contestant or their financial agent may apply to a judge for an order
(a) relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2);
(b) authorizing an extension referred to in subsection 478.87(1); or
(c) authorizing a correction or revision referred to in subsection 478.88(1).
The applicant shall notify the Chief Electoral Officer that the application has been made.
Deadline
(2) The application may be made
(a) under paragraph (1)(a), within the specified period referred to in subsection 478.86(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 478.87(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 478.87, or
(iii) the end of the extended period referred to in subsection 478.87(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 478.88.
Grounds — relief from compliance
(3) The judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(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.
Grounds — extension
(4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.
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.
Contents of order
(6) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Appearance of financial agent before judge
478.9 (1) A judge dealing with an application under section 478.89 or 478.91 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 478.8(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge.
Show cause orders
(2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent of predecessor
(a) do anything that the judge considers appropriate in order to remedy the failure; or
(b) be examined concerning any information that pertains to the failure.
Recourse of contestant for fault of financial agent
478.91 A leadership contestant may apply to a judge for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that
(a) it occurred without his or her knowledge or acquiescence; or
(b) he or she exercised all due diligence to avoid its occurrence.
The contestant shall notify the Chief Electoral Officer that the application has been made.
Destruction of documents — judge
478.92 (1) A leadership contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.8(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.
Grounds
(2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.
Date of relief
(3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.
Prohibition — false, misleading or incomplete document
478.93 No leadership contestant and no financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) that
(a) the contestant or the financial agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) in the case of a document referred to in subsection 478.8(1), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
Surplus of Leadership Campaign Funds
Surplus of leadership campaign funds
478.94 The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of contributions accepted by the leadership campaign agents on behalf of the contestant, amounts referred to in subsection 365(3) and any other amounts received by the contestant for their leadership campaign that are not repayable is more than the sum of the contestant’s leadership campaign expenses paid under this Act and any transfers referred to in paragraph 364(5)(b).
Notice of estimated surplus
478.95 (1) If the Chief Electoral Officer estimates that a leadership contestant has a surplus of leadership campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.
Disposal of surplus funds
(2) The leadership contestant’s financial agent shall dispose of a surplus of leadership campaign funds within 60 days after the day on which they receive the notice of estimated surplus.
Disposal without notice
(3) If a leadership contestant has a surplus of leadership campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s leadership campaign return.
Method of disposal of surplus
478.96 The leadership contestant’s financial agent shall dispose of surplus leadership campaign funds by transferring them to the registered party that is holding the leadership contest or a registered association of that party.
Notice of disposal of surplus
478.97 (1) A leadership contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.
Publication
(2) As soon as feasible after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.
87. (1) Subsection 367(1) of the Act is replaced by the following:
Contribution limits
367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
(a) $1,500 in total in any calendar year to a particular registered party;
(b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
(d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.
(2) Section 367 of the Act is amended by adding the following after subsection (1):
Increase to contribution limits
(1.1) The contribution limits set out in subsection (1) increase by $25 on January 1 in each year.
88. The Act is amended by adding the following after section 480:
Impersonation
480.1 Every person is guilty of an offence who, with intent to mislead, falsely represents themselves to be, or causes anyone to falsely represent themselves to be,
(a) the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff or a person who is authorized to act on the Chief Electoral Officer’s behalf;
(b) an election officer or a person who is authorized to act on an election officer’s behalf;
(c) a person who is authorized to act on behalf of the Office of the Chief Electoral Officer;
(d) a person who is authorized to act on behalf of a registered party or a registered association; or
(e) a candidate or a person who is authorized to act on a candidate’s behalf.
89. The Act is amended by adding the following after section 482:
Obstruction, etc.
482.1 Every person is guilty of an offence who obstructs or hinders — or knowingly makes, either orally or in writing, a false or misleading statement to — the Commissioner of Canada Elections or any person acting under his or her direction while the Commissioner or the person acting under his or her direction is exercising or performing powers, duties or functions conferred or imposed on the Commissioner under this Act.
90. Subsection 484(3) of the Act is amended by adding the following after paragraph (b):
(b.1) being a field liaison officer, contravenes subsection 23.2(8) (engaging in politically partisan conduct);
2006, c. 9, s. 56(1)
91. (1) Subsection 486(1) of the Act is repealed.
2006, c. 9, s. 56(2)(F)
(2) Paragraph 486(3)(b) of the Act is repealed.
2006, c. 9, s. 56(3)
(3) Subsection 486(3) of the Act is amended by adding “or” at the end of paragraph (c) and by repealing paragraphs (e) to (g).
92. Subsection 487(2) of the Act is replaced by the following:
Offences requiring intent — dual procedure
(2) Every person who contravenes paragraph 111(a), (d), (d.1) or (e) (forbidden acts re list of electors) is guilty of an offence.
2007, c. 21, s. 38(2)
93. (1) Paragraphs 489(2)(a) and (a.1) of the Act are replaced by the following:
(a) contravenes subsection 143(5) (attesting to residence of more than one elector);
(a.1) contravenes subsection 143(6) (attesting to residence when own residence attested to);
2007, c. 21, s. 38(1) and (3)
(2) Paragraphs 489(2)(a.3) and (a.4) of the Act are replaced by the following:
(a.3) contravenes subsection 161(6) (attesting to residence of more than one elector);
(a.4) contravenes subsection 161(7) (attesting to residence when own residence attested to);
2007, c. 21, s. 38(4)
(3) Paragraphs 489(2)(d) and (e) of the Act are replaced by the following:
(d) contravenes subsection 169(5) (attesting to residence of more than one elector); or
(e) contravenes subsection 169(6) (attesting to residence when own residence attested to).
(4) Subsection 489(3) of the Act is amended by adding the following after paragraph (b):
(b.1) contravenes any of paragraphs 161(5.1)(a) to (d) (forbidden acts re polling day registration);
94. Paragraph 490(a) of the Act is replaced by the following:
(a) contravenes any of paragraphs 169(4.1)(a) to (d) (forbidden acts re advance polling registration);
(a.1) being a deputy returning officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);
94.1 Subsection 491(2) of the Act is replaced by the following:
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) contravenes subsection 237.1(3.1) (attesting to residence of more than one elector);
(b) contravenes subsection 237.1(3.2) (attesting to residence when own residence attested to); or
(c) contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules).
95. Paragraph 495(4)(d) of the Act is repealed.
96. The Act is amended by adding the following after section 495:
Offences under Division 2 of Part 16.1 (Scripts and Recordings)
Strict liability offences — summary conviction
495.1 (1) Every person is guilty of an offence who, being a calling service provider, contravenes
(a) paragraph 348.16(a) (obligation to keep scripts); or
(b) paragraph 348.16(b) (obligation to keep recordings).
Offences requiring intent — dual procedure
(2) Every person who, being a calling service provider, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.
Strict liability offences — summary conviction
495.2 (1) Every person is guilty of an offence who, being a person or group, contravenes
(a) paragraph 348.17(a) or section 348.19 (obligation to keep scripts); or
(b) paragraph 348.17(b) or section 348.18 (obligation to keep recordings).
Offences requiring intent — dual procedure
(2) Every person who, being a person or group, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.
97. (1) Paragraph 496(1)(a) of the Act is replaced by the following:
(a) any of subsections 350(1) to (4) (exceeding election advertising expense limits);
(1.1) Subsection 496(1) of the Act is amended by adding the following after paragraph (a):
(a.1) section 351.1 (foreign third party exceeding election advertising expense limit);
(2) Paragraph 496(2)(a) of the Act is replaced by the following:
(a) any of subsections 350(1) to (4) or section 351 (exceeding or circumventing election advertising expense limits);
(3) Subsection 496(2) of the Act is amended by adding the following after paragraph (a):
(a.1) section 351.1 (foreign third party exceeding election advertising expense limit);
2003, c. 19, s. 58(11)
98. Paragraph 497(3)(f.13) of the Act is replaced by the following:
(f.13) being an individual, knowingly contravenes subsection 405(1) or (4.1) (exceeding contribution limit);
2003, c. 19, ss. 58(1) to (6) and (8) to (17); 2004, c. 24, s. 21; 2006, c. 9, s. 57; 2007, c. 21, s. 39(1), 39(2)(E) and 39(3)
99. Section 497 of the Act is replaced by the following:
Offences under Division 1 of Part 18 (General Financial Provisions)
Strict liability offences — summary conviction
497. (1) Every person is guilty of an offence who
(a) being a person or entity, contravenes subsection 363(1) (making contribution while ineligible);
(b) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes subsection 363(2) (failure to return or pay amount of ineligible contribution);
(c) being a registered party or an electoral district association of one, contravenes subsection 365(1) (making prohibited transfer);
(d) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, contravenes section 366 (failure to issue receipt);
(e) being a person or entity, contravenes subsection 368(1) (circumventing contribution limit);
(f) being a person or entity, contravenes subsection 368(2) (concealing source of contribution);
(g) being an individual, contravenes section 370 (making indirect contributions);
(h) being a person authorized under this Act to accept contributions, contravenes section 372 (failure to return or pay amount of contribution);
(i) being a person or entity, contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money);
(j) being an individual, contravenes section 374 (making indirect loans);
(k) contravenes subsection 380(1) or (2) (failure to document payment); or
(l) being a person authorized to pay petty expenses, contravenes subsection 381(3) (failure to provide documentation of petty expenses) or 381(4) (paying more than the maximum amount of petty expenses).
Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) being a person or entity, knowingly contravenes subsection 363(1) (making contribution while ineligible);
(b) being a registered party or an electoral district association of one, knowingly contravenes subsection 365(1) (making prohibited transfer);
(c) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, knowingly contravenes section 366 (failure to issue receipt);
(d) being an individual, knowingly contravenes subsection 367(1) or (6) (exceeding contribution limit);
(e) being a person or entity, knowingly contravenes subsection 368(1) (circumventing contribution limit);
(f) being a person or entity, knowingly contravenes subsection 368(2) (concealing source of contribution);
(g) being a person entitled to accept contributions under this Act, contravenes subsection 368(3) (knowingly accepting excessive contribution);
(h) being a person or entity, knowingly contravenes subsection 368(4) (entering prohibited agreement);
(i) being a person or entity, contravenes subsection 369(1) (soliciting or accepting contribution);
(j) being a person or entity, contravenes subsection 369(2) (collusion);
(k) being an individual, knowingly contravenes section 370 (making indirect contributions);
(l) being an individual, knowingly contravenes section 371 (exceeding cash contribution limit);
(m) being a person authorized under this Act to accept contributions, knowingly contravenes section 372 (failure to return or pay amount of contribution);
(n) being a person or entity, knowingly contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money); or
(o) being an individual, knowingly contravenes section 374 (making indirect loans).
Offences under Division 2 of Part 18 (Political Parties)
Strict liability offences — summary conviction
497.1 (1) Every person is guilty of an offence who
(a) being a registered party, contravenes section 392 (failure to provide statement of assets and liabilities or related documents);
(b) being a registered party, contravenes subsection 396(2) or, being a registered party or an eligible party, contravenes subsection 395(4), section 399, subsection 400(1) or (2) or section 401 (failure to comply with requirements re: officers, chief agent, registered agents or auditor);
(c) being a registered party, contravenes subsection 405(1) or (4) (failure to report changes to registered party information);
(d) being a registered party, contravenes section 407 (failure to confirm validity of information on party);
(e) being a chief agent of a deregistered political party, contravenes section 420 (failure to provide financial transactions return or election expenses return or related documents);
(f) being a chief agent of a merging registered party, contravenes section 424 (failure to provide financial transactions return or related documents);
(g) being a chief agent, contravenes section 428 (failure to pay recoverable claim within three years);
(h) being a chief agent, contravenes subsection 431(1) (exceeding election expenses limit) or, being a registered party or third party, contravenes subsection 431(2) (colluding to circumvent election expenses limit);
(i) being a chief agent, contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(j) being a chief agent, contravenes section 433 (failure to provide quarterly return);
(k) being a registered agent, contravenes section 434 (failure to pay excess contributions);
(l) being a chief agent, contravenes paragraph 436(b) (providing document that is substantially incomplete);
(m) being a chief agent, contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);
(n) being a chief agent, contravenes paragraph 439(b) (providing document that is substantially incomplete);
(o) being a chief agent, contravenes subsection 440(3) (failure to provide corrected or revised document within specified period);
(p) being a chief agent or the leader of a registered party, contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period); or
(q) being the chief executive officer of a provincial division, contravenes subsection 446(5) (failure to report provincial division changes).
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) being a person or entity other than a registered agent or a person authorized under subsection 381(1), knowingly contravenes subsection 426(1) or (2) (paying or incurring registered party’s expenses);
(b) being a person or entity other than a registered agent, knowingly contravenes subsection 426(3) (accepting contributions or borrowing while ineligible); or
(c) being a person or entity other than a registered agent, knowingly contravenes subsection 426(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).
Offences requiring intent — dual procedure
(3) Every person is guilty of an offence who
(a) being a registered party, knowingly contravenes section 392 (failure to provide statement of assets and liabilities or related documents);
(b) knowingly contravenes subsection 403(1), (2) or (3) (ineligible person acting as officer, chief agent, registered agent or auditor);
(c) being an officer of a party, contravenes section 404 (officer knowing party not a political party);
(d) being a leader of a party, contravenes subsection 408(1), (3) or (4) (providing or certifying false or misleading information or making false or misleading declaration);
(e) being a registered party or an eligible party, contravenes subsection 408(2) (providing false or misleading information);
(f) being a member of a political party, contravenes subsection 408(5) (making false or misleading declaration);
(g) being a chief agent of a deregistered political party, knowingly contravenes section 420 (failure to provide transactions return or election expenses return or related documents);
(h) being a chief agent of a merging registered party, knowingly contravenes section 424 (failure to provide financial transactions returns or related documents);
(i) being a chief agent, knowingly contravenes subsection 431(1) (exceeding election expenses limit);
(j) being a registered party or a third party, knowingly contravenes subsection 431(2) (colluding to circumvent election expense limit);
(k) being a chief agent, knowingly contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(l) being a chief agent, knowingly contravenes section 433 (failure to provide quarterly return);
(m) being a registered agent, knowingly contravenes section 434 (failure to pay excess contributions);
(n) being a chief agent, contravenes paragraph 436(a) (providing document that contains false or misleading information);
(o) being a chief agent, knowingly contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);
(p) being a chief agent, contravenes paragraph 439(a) (providing document that contains false or misleading information);
(q) being a chief agent, knowingly contravenes subsection 440(3) (failure to provide corrected or revised document within specified period); or
(r) being a chief agent or the leader of a registered party, knowingly contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).
Offences under Division 3 of Part 18 (Electoral District Associations)
Strict liability offences — summary conviction
497.2 (1) Every person is guilty of an offence who
(a) being an electoral district association of a registered party, contravenes section 447 (financial activity while unregistered);
(b) being an electoral district association of a registered party, contravenes section 450 (financial activity during an election period);
(c) being a registered association, contravenes section 451 (failure to provide statement of assets and liabilities or related documents);
(d) being the financial agent of a registered association, contravenes section 452 (making erroneous declaration);
(e) being a registered association, contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);
(f) being a registered association, contravenes section 459, 460 or 461 (failure to comply with requirements re: appointment of financial agent or auditor);
(g) being a registered association, contravenes subsection 463(1) (failure to report changes to registered association information);
(h) being a registered association, contravenes section 464 (failure to confirm validity of information concerning association);
(i) being the financial agent of a deregistered electoral district association, contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);
(j) being the financial agent of a registered association, contravenes section 475.2 (failure to pay recoverable claim within three years);
(k) being the financial agent of a registered association, contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(l) being the financial agent of a registered association, contravenes section 475.5 (failure to pay excess contributions);
(m) being the financial agent of a registered association, contravenes paragraph 475.7(b) (providing document that is substantially incomplete);
(n) being the financial agent of a registered association, contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); or
(o) being the financial agent or the chief executive officer of a registered association, contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(1) or (2) (paying or incurring registered association’s expenses while ineligible);
(b) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(3) (accepting contributions while ineligible); or
(c) being a person or entity other than the financial agent of a registered association, knowingly contravenes subsection 475(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).
Offences requiring intent — dual procedure
(3) Every person is guilty of an offence who
(a) being an electoral district association, knowingly contravenes section 447 (financial activity while unregistered);
(b) being an electoral district association of a registered party, knowingly contravenes section 450 (financial activity during an election period);
(c) being a registered association, knowingly contravenes section 451 (failure to provide statement of assets and liabilities or related documents);
(d) being the financial agent of a registered association, knowingly contravenes section 452 (making erroneous declaration);
(e) being a registered association, knowingly contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);
(f) being a person, knowingly contravenes subsection 462(1) or (2) (acting as financial agent, electoral district agent or auditor when ineligible to do so);
(g) being the financial agent of a deregistered electoral district association, knowingly contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);
(h) being the financial agent of a registered association, knowingly contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);
(i) being the financial agent of a registered association, knowingly contravenes section 475.5 (failure to pay excess contributions);
(j) being the financial agent of a registered association, contravenes paragraph 475.7(a) (providing document that contains false or misleading information);
(k) being the financial agent of a registered association, knowingly contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); or
(l) being the financial agent or chief executive officer of a registered association, knowingly contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).
Offences under Division 4 of Part 18 (Nomination Contestants)
Strict liability offences — summary conviction
497.3 (1) Every person is guilty of an offence who
(a) being a registered party or registered association, contravenes subsection 476.1(1) (failure to notify of nomination contest);
(b) being a nomination contestant, contravenes section 476.3 (failure to appoint financial agent);
(c) being a nomination contestant, contravenes section 476.5, 476.6 or 476.61 (failure to comply with requirements re: appointment of financial agent);
(d) being a nomination contestant, contravenes subsection 476.63(1) or (2) (failure to report changes in nomination contestant information);
(e) being the financial agent of a nomination contestant, contravenes section 476.65 (failure to satisfy bank account requirements);
(f) being a nomination contestant or the financial agent of one, contravenes subsection 476.68(1) (exceeding nomination campaign expenses limit);
(g) being a nomination contestant or the financial agent of one, contravenes subsection 476.7(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
(h) being the financial agent of a nomination contestant, contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);
(i) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);
(j) being a nomination contestant, contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign ret­urn);
(k) being the financial agent of a nomina- tion contestant, contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);
(l) being the financial agent of a nomina- tion contestant, contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);
(m) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);
(n) being the financial agent of a nomination contestant, contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);
(o) being a nomination contestant, contravenes subsection 476.77(1) (failure to appoint auditor);
(p) being a nomination contestant, contravenes subsection 476.77(4) or (5) or section 476.78 (failure to comply with requirements re: appointment of auditor);
(q) being the financial agent of a nomination contestant, contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);
(r) being a nomination contestant or the financial agent of one, contravenes subsection 476.85(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(s) being the financial agent of a nomination contestant, contravenes paragraph 476.9(b) (providing document that is substantially incomplete); or
(t) being the financial agent of a nomination contestant, contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).
Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) being a registered party or registered association, knowingly contravenes subsection 476.1(1) (failure to notify of nomination contest);
(b) being a person, knowingly contravenes section 476.62 (acting as financial agent when ineligible to do so);
(c) being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(1) (acceptance of contribution while ineligible);
(d) being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);
(e) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(3) (accepting prohibited contribution);
(f) being a person or entity, knowingly contravenes subsection 476.66(4), (5) or (6) (paying or incurring expenses for specified purposes or paying personal expenses while ineligible);
(g) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination campaign expenses limit);
(h) being a person or entity, contravenes subsection 476.68(2) (circumventing nomination campaign expenses limit);
(i) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);
(j) being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);
(k) being a nomination contestant, knowingly contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign return);
(l) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);
(m) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);
(n) being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);
(o) being the financial agent of a nomination contestant, knowingly contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);
(p) being a person, knowingly contravenes section 476.79 (acting as auditor when ineligible to do so);
(q) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);
(r) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.85(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(s) being a nomination contestant or the financial agent of one, contravenes paragraph 476.9(a) or knowingly contravenes paragraph 476.9(b) (providing document that contains false or misleading information or that is substantially incomplete); or
(t) being the financial agent of a nomination contestant, knowingly contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).
Offences under Division 5 of Part 18 (Candidates)
Strict liability offences — summary conviction
497.4 (1) Every person is guilty of an offence who
(a) being a candidate, contravenes subsection 477.1(1) (failure to appoint official agent);
(b) being a candidate, contravenes subsection 477.1(2) (failure to appoint auditor);
(c) being a candidate, contravenes section 477.42 (failure to appoint a replacement official agent or auditor);
(d) being an official agent, contravenes section 477.46 (failure to satisfy bank account requirements);
(e) being an official agent, a candidate or a person authorized under paragraph 477.55(c), contravenes subsection 477.48(2) (incurring more than maximum allowed for notice of nomination meetings) or subsection 477.52(1) (exceeding election expenses limit) or, being an official agent, a candidate, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);
(f) being an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
(g) being an official agent, contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);
(h) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);
(i) being a candidate, contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);
(j) being an official agent, contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);
(k) being an official agent, contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);
(l) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);
(m) being an official agent, contravenes section 477.61 (failure to pay value of contribution that cannot be returned);
(n) being an official agent, contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);
(o) being a candidate or the official agent of one, contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(p) being an official agent, contravenes paragraph 477.72(1)(b) (providing document that is substantially incomplete);
(q) being an official agent, contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);
(r) being a registered agent or financial agent, contravenes section 477.85 (improper or unauthorized transfer of funds);
(s) being an official agent, contravenes subsection 477.88(2) (failure to return unused income tax receipts);
(t) being a candidate, contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);
(u) being a candidate, contravenes subsection 477.9(5) (failure to provide statement within required period);
(v) being a candidate, contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); or
(w) being a candidate, contravenes paragraph 477.95(b) (providing incomplete statement).
Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) knowingly contravenes subsection 477.44(1) or (2) (ineligible person acting as official agent or auditor);
(b) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(1) or (2) (accepting contributions or providing receipts for them);
(c) being a person or entity other than an official agent, knowingly contravenes subsection 477.47(3) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds);
(d) being a person or entity, other than a candidate, official agent or person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(4) or (5) (paying or incurring electoral campaign expenses);
(e) being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying candidate’s personal expenses);
(f) being a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.48(2) (spending more than maximum allowed for notice of nomination meetings);
(g) being a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.52(1) (exceeding election expenses limit);
(h) being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);
(i) being an official agent, knowingly contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);
(j) being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);
(k) being a candidate, knowingly contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);
(l) being an official agent, knowingly contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);
(m) being an official agent, knowingly contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);
(n) being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);
(o) being an official agent, knowingly contravenes section 477.61 (failure to pay value of contribution made by unknown contributor);
(p) being an official agent, knowingly contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);
(q) being a candidate or the official agent of one, knowingly contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(r) being an official agent, contravenes paragraph 477.72(1)(a) or knowingly contravenes paragraph 477.72(1)(b) (providing document that contains false or misleading statement or one that is incomplete);
(s) being an official agent, knowingly contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);
(t) being a registered agent or financial agent, knowingly contravenes section 477.85 (unauthorized or improper transfer of funds);
(u) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);
(v) being a candidate, knowingly contravenes subsection 477.9(5) (failure to provide statement within required period);
(w) being a candidate, knowingly contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); or
(x) being a candidate, contravenes paragraph 477.95(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 477.95(b) (providing incomplete statement).
Offences under Division 6 of Part 18 (Leadership Contestants)
Strict liability offences — summary conviction
497.5 (1) Every person is guilty of an offence who
(a) being a registered party, contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);
(b) being a person, contravenes subsection 478.2(1) (failure to register for a leadership contest);
(c) being a leadership contestant, contravenes subsection 478.5(2) or section 478.62, 478.63 or 478.64 (failure to comply with requirements re: appointment of leadership campaign agent, financial agent or auditor);
(d) being a leadership contestant, contravenes subsection 478.66(1) or (2) (failure to report changes to leadership contestant information);
(e) being a leadership contestant, contravenes section 478.67 (failure to file statement of withdrawal);
(f) being a registered party, contravenes section 478.68 (failure to file statement of withdrawal of acceptance);
(g) being the financial agent of a leadership contestant, contravenes section 478.72 (failure to satisfy bank account requirements);
(h) being a leadership contestant or the financial agent of one, contravenes subsection 478.75(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);
(i) being the financial agent of a leadership contestant, contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);
(j) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);
(k) being a leadership contestant, contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);
(l) being the financial agent of a leadership contestant, contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);
(m) being the financial agent of a leadership contestant, contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);
(n) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);
(o) being the financial agent of a leadership contestant, contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);
(p) being the financial agent of a leadership contestant, contravenes section 478.82 (failure to forward certain contributions);
(q) being the financial agent of a leadership contestant, contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);
(r) being a leadership contestant or the financial agent of one, contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(s) being a leadership contestant or the financial agent of one, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); or
(t) being the financial agent of a leadership contestant, contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).
Offences requiring intent — dual procedure
(2) Every person is guilty of an offence who
(a) being a registered party, knowingly contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);
(b) being a person, knowingly contravenes subsection 478.2(1) (failure to register for a leadership contest);
(c) being a person, knowingly contravenes subsection 478.65(1) or (2) (acting as financial agent, leadership campaign agent or auditor when ineligible to do so);
(d) being a leadership contestant, knowingly contravenes section 478.67 (failure to file statement of withdrawal);
(e) being a registered party, knowingly contravenes section 478.68 (failure to file statement of withdrawal of acceptance);
(f) being a person or entity other than a leadership campaign agent, knowingly contravenes subsection 478.73(1) (acceptance of contribution while ineligible);
(g) being a person or entity other than a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);
(h) being a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(3) (accepting prohibited contribution);
(i) being a person or entity, knowingly contravenes subsection 478.73(4) or (5) (paying or incurring expenses for specified purposes while ineligible);
(j) being a person or entity, knowingly contravenes subsection 478.73(6) (paying personal expenses of leadership contestant while ineligible);
(k) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);
(l) being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);
(m) being a leadership contestant, knowingly contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);
(n) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);
(o) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);
(p) being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);
(q) being the financial agent of a leadership contestant, knowingly contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);
(r) being the financial agent of a leadership contestant, knowingly contravenes section 478.82 (failure to forward certain contributions);
(s) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);
(t) being a leadership contestant or the financial agent of one, knowingly contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);
(u) being a leadership contestant or the financial agent of one, contravenes paragraph 478.93(a) or knowingly contravenes paragraph 478.93(b) (providing document that contains false or misleading information or that is substantially incomplete); or
(v) being the financial agent of a leadership contestant, knowingly contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).
2007, c. 21, s. 39.1
100. (1) Subsections 500(1) to (5) of the Act are replaced by the following:
Punishment — strict liability offences
500. (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 496(1), 497(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.
Punishment — offences requiring intent (summary conviction)
(2) Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1), 489(2) and 491(2), section 493 and subsections 495(2) and (3) and 497(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Punishment — offences requiring intent (summary conviction)
(3) Every person who is guilty of an offence under subsection 485(1) or paragraph 487(1)(b) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both.
Punishment — offences requiring intent (summary conviction — fine only)
(4) Every person who is guilty of an offence under subsection 495(4) is liable on summary conviction to a fine of not more than $50,000.
Punishment — offences requiring intent (dual procedure)
(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 480.1 to 483, subsections 484(3), 485(2), 486(3), 487(2), 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 496(2) and 497(3), section 498 and subsection 499(2) is liable
(a) on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than one year, or to both; or
(b) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than five years, or to both.
(2) Subsections 500(1) and (2) of the Act are replaced by the following:
Punishment — strict liability offences
500. (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 496(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.
Punishment — offences requiring intent (summary conviction)
(2) Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1), 489(2) and 491(2), section 493 and subsections 495(2) and (3), 497.1(2) and 497.2(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
(3) The portion of subsection 500(5) of the Act before paragraph (a) is replaced by the following:
Punishment — offences requiring intent (dual procedure)
(5) Every person who is guilty of an offence under any of subsections 480(1) and (2), sections 480.1 to 483, subsections 484(3), 485(2) and 486(3), section 487, subsections 488(2) and 489(3), section 490, subsections 491(3) and 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 496(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2) and 497.5(2), section 498 and subsection 499(2) is liable
2004, c. 24, s. 22(3)
101. (1) Subsection 501(3) of the Act is replaced by the following:
Offences
(3) For the purposes of subsection (2), the provisions are the following:
(a) paragraph 497(2)(h) (entering into prohibited agreement);
(b) paragraph 497(2)(i) (soliciting or accepting contribution);
(c) paragraph 497(2)(j) (collusion);
(d) paragraph 497.1(3)(d) (providing or certifying false or misleading information or making false or misleading declaration);
(e) paragraph 497.1(3)(e) (providing false or misleading information);
(f) paragraph 497.1(3)(k) (failure to provide financial transactions return or related documents);
(g) paragraph 497.1(3)(n) (providing document that contains false or misleading information);
(h) paragraph 497.1(3)(p) (providing document that contains false or misleading information); and
(i) paragraph 497.2(3)(h) (failure to provide financial transactions return or related documents).
2004, c. 24, s. 22(3)
(2) Subsection 501(3) of the Act is amended by adding “and” at the end of paragraph (h), by striking out “and” at the end of paragraph (i) and by repealing paragraph (j).
102. (1) Paragraph 502(1)(c) of the Act is replaced by the following:
(c) being an official agent, a candidate or a person authorized under paragraph 477.55(c), knowingly contravenes section 477.52 (exceeding election expenses limit);
2006, c. 9, s. 58
(2) Paragraph 502(2)(f.1) of the Act is repealed.
(3) Subsection 502(2) of the Act is amended by striking out “or” at the end of paragraph (h) and by adding the following after that paragraph:
(h.1) being a candidate or an official agent of a candidate, commits an offence under section 480.1 (impersonation);
(h.2) being a candidate or an official agent of a candidate, commits an offence under section 482.1 (obstruction); or
(4) Subsection 502(2) of the Act is amended by adding the following after paragraph (h):
(h.01) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);
103. Subsection 503(2) of the Act is replaced by the following:
Eligible party
(2) An eligible party that does not become a registered party during the election period of a general election does not commit an offence referred to in paragraph 496(1)(a) or (2)(a) if its election advertising expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, are more than the spending limit set out in section 350.
104. Subsections 505(3) and (4) of the Act are replaced by the following:
Prosecution of third party — group or corporation ($50,000)
(3) A third party that is a group or corporation and that commits an offence under paragraph 496(1)(c) is liable on conviction to a fine of not more than $50,000 instead of the punishment set out in subsection 500(1).
Prosecution of third party — group or corporation ($100,000)
(4) A third party that is a group or corporation and that commits an offence under paragraph 496(2)(b) is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5).
105. The Act is amended by adding the following after section 505:
Deeming — calling service providers
505.1 For the purpose of a prosecution brought under subsection 495.1(1) or (2) against a calling service provider that is a group or for the purpose of entering into a compliance agreement with the calling service provider,
(a) the calling service provider is deemed to be a person; and
(b) any act or thing done or omitted to be done by a member of the calling service provider within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the calling service provider.
Deeming — third parties that are groups
505.2 (1) For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party that is a group or for the purpose of entering into a compliance agreement with the third party, the third party is deemed to be a person.
Official representatives
(2) If a third party that is a group commits an offence under subsection 495.2(1) or (2), its official representative commits the offence if he or she authorized, consented to or participated in the act or omission that constitutes the offence.
Prosecution of third parties — vicarious liability
505.3 For the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party, any act or omission of its official representative is deemed to be an act or omission of the third party.
Interpretation
505.4 For the purposes of sections 505.1 to 505.3, “calling service provider”, “group”, “official representative” and “third party” have the same meaning as in section 348.01.
2003, c. 19, s. 61
106. Sections 506 and 507 of the Act are replaced by the following:
Deregistered party — strict liability
506. (1) A deregistered political party whose chief agent commits an offence under paragraph 497(1)(e) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.
Deregistered party — offence requiring intent
(2) A deregistered political party whose chief agent commits an offence under paragraph 497(3)(c) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.
Registered party — strict liability
507. (1) A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o), (q) and (q.01) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.
Registered party — offences requiring intent
(2) A registered party whose chief agent commits an offence under any of paragraphs 497(3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.
107. Sections 506 and 507 of the Act are replaced by the following:
Deregistered party — strict liability
506. (1) A deregistered political party whose chief agent commits an offence under paragraph 497.1(1)(e) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.
Deregistered party — offence requiring intent
(2) A deregistered political party whose chief agent commits an offence under paragraph 497.1(3)(g) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.
Registered party — strict liability
507. (1) A registered party whose chief agent commits an offence under any of paragraphs 497.1(1)(h), (i), (k), (l), (m) and (n) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.
Registered party — offences requiring intent
(2) A registered party whose chief agent commits an offence under any of paragraphs 497.1(3)(i), (k), (m), (o) and (p) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.
108. Sections 509 and 510 of the Act are replaced by the following:
Commissioner of Canada Elections
509. (1) The Commissioner of Canada Elections shall be appointed by the Director of Public Prosecutions to hold office during good behaviour for a term of seven years and may be removed by the Director of Public Prosecutions for cause.
No consultation
(2) The Director of Public Prosecutions shall not consult the Chief Electoral Officer with respect to the appointment of the Commissioner.
Ineligibility
(3) A person is not eligible to be appointed as Commissioner if the person is or has been
(a) a candidate;
(b) an employee of a registered party or a person whose services have been engaged by the registered party to support its electoral or political financing activities;
(c) a member of the staff referred to in any of paragraphs 4(2)(a) to (f) of the Parliamentary Employment and Staff Relations Act or a person referred to in paragraph 4(2)(g) of that Act;
(d) the Chief Electoral Officer, a member of his or her staff or a person whose services have been engaged under subsection 20(1); or
(e) an election officer referred to in paragraph 22(1)(a) or (b).
No re-appointment
(4) A person who has served as Commissioner is not eligible for re-appointment to that office.
Position within Office of the Director of Public Prosecutions
509.1 (1) The position of Commissioner of Canada Elections is within the Office of the Director of Public Prosecutions.
Deputy head — Financial Administration Act
(2) For the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.
Deputy head — Public Service Employment Act
(3) For the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 occupy their positions.
Duty
509.2 The Commissioner’s duty is to ensure that this Act is complied with and enforced.
Staff
Employees
509.3 (1) The employees necessary for the Commissioner to exercise or perform his or her powers, duties and functions under this Act are to be appointed in accordance with the Public Service Employment Act.
Casual employees, etc.
(2) Any additional employees that the Commissioner considers necessary for the exercise or performance of his or her powers, duties and functions under this Act may be appointed for a specified term or on a casual basis in accordance with the Public Service Employment Act.
Technical assistance
509.4 The Commissioner may engage on a temporary basis investigators or persons having technical or specialized knowledge to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this Act.
Authorization to assist
509.5 The Commissioner may authorize a person employed in the Office of the Director of Public Prosecutions to assist him or her in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.1(2) and (3) and in the exercise of his or her power under section 509.4, subject to the terms and conditions that the Commissioner sets.
Payments out of Consolidated Revenue Fund
Amounts to be paid out of C.R.F.
509.6 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Director of Public Prosecutions:
(a) the remuneration paid to the Commissioner or to a person employed under subsection 509.3(2) and any additional remuneration paid to employees referred to in subsection 509.3(1) for overtime work to enable the Commissioner to exercise or perform his or her powers, duties and functions under this Act; and
(b) any expenses incurred by, on behalf of or in relation to the Commissioner under any other provision of this Part.
Investigations and Prosecutions
Investigation by Commissioner
510. (1) The Commissioner, on his or her own initiative or in response to a complaint, may conduct an investigation.
Notice
(2) As soon as feasible after beginning an investigation, the Commissioner shall give written notice of the investigation to the person whose conduct is being investigated. The notice is not to be given if, in the Commissioner’s opinion, to do so might compromise or hinder the investigation or any other investigation.
Independence
(3) The Commissioner is to conduct the investigation independently of the Director of Public Prosecutions.
Confidentiality
510.1 (1) Subject to subsection (2), neither the Commissioner nor any person acting under his or her direction shall disclose any information relating to an investigation that comes to their knowledge in the exercise of their powers or the performance of their duties and functions under this Act, including information that reveals or from which may be inferred the name of the complainant, if any, the person whose conduct is being investigated or any witness.
Disclosure authorized
(2) The Commissioner may disclose or may authorize any person acting under his or her direction to disclose
(a) with the consent of the person in question, the name of any of the following: the complainant, if any, the person whose conduct is being investigated and any witness;
(b) information that, in the Commissioner’s opinion, is necessary to carry out an investigation;
(c) when a matter is referred to the Director of Public Prosecutions under subsection 511(1), information that the Director of Public Prosecutions requires;
(d) information that is required to be disclosed in the course of a prosecution for an offence under this Act;
(e) information that is required to be disclosed under any other Act of Parliament;
(f) information that, in the Commissioner’s opinion, is necessary in order to enter into or renegotiate a compliance agreement; and
(g) information whose disclosure is, in the Commissioner’s opinion, in the public interest.
Public interest
(3) For the purposes of paragraph (2)(g), the Commissioner shall take into consideration the effects of disclosure on
(a) the privacy rights of any person who is the subject of the disclosure;
(b) the right of the person under investigation to be presumed innocent until proved guilty according to law; and
(c) public confidence in the fairness of the electoral process.
2003, c. 19, s. 63(2); 2006, c. 9, s. 59
109. Section 514 of the Act is replaced by the following:
Limitation period
514. (1) Proceedings in respect of an offence under a provision set out in subsection 500(1) may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose.
Exception
(2) Despite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender’s return.
No limitation period
(3) Proceedings in respect of an offence under a provision set out in any of subsections 500(2) to (5) may be commenced at any time.
110. Section 521 of the Act is replaced by the following:
Publication
521. The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and the text — other than the parties’ signatures — of the compliance agreement.
2002, c. 7, s. 94(E)
111. (1) Paragraph 525(2)(c) of the Act is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court;
(2) Paragraph 525(2)(e) of the Act is replaced by the following:
(e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and
112. Section 533 of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) by polling division, the number of additions of names and the number of corrections of information that were made to, and the number of deletions of names that were made from, the official list of electors on polling day;
(a.2) the conclusions of the report made by the auditor engaged under section 164.1 for that general election or by-election; and
113. (1) Subsection 534(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) any measures to adapt any provision of this Act that have been taken under section 17 or 179 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons; and
(c) any measures that he or she has taken to improve the accuracy of the lists of electors since the last report and any such measures that he or she proposes to take.
(2) Subsection 534(2) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) any measures to adapt any provision of this Act that have been taken under section 17 or 179 in relation to each of the by-elections and that he or she considers should be brought to the attention of the House of Commons; and
(c) any measures that he or she has taken to improve the accuracy of the lists of electors in relation to each of the by-elections and any such measures that he or she proposes to take.
2006, c. 9, s. 135
114. Section 535.1 of the Act is repealed.
115. The Act is amended by adding the following after section 535.2:
Report on alternatives to signature
535.3 Without delay after exercising his or her authority under section 18.3, the Chief Electoral Officer shall report to the Speaker of the House of Commons as to the manner in which a requirement under a provision of this Act for a signature may be satisfied.
2006, c. 9, s. 177
116. Section 536 of the Act is replaced by the following:
Submission of report to House of Commons
536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534, 535, 535.2 or 535.3 to the House of Commons without delay.
2006, c. 9, s. 136
117. Subsection 540(4) of the Act is replaced by the following:
Exception
(4) Subsection (3) does not prohibit the Chief Electoral Officer or any authorized member of his or her staff from inspecting the documents referred to in that subsection.
Exception
(4.1) The Chief Electoral Officer may also disclose any of the documents referred to in subsection (3) to the Commissioner for the purposes of the exercise or performance of the Commissioner’s powers, duties and functions under this Act and the Commissioner may, in turn, disclose any of those documents to the Director of Public Prosecutions, who may pro- duce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.
2003, c. 19, s. 64
118. Subsection 541(1) of the Act is replaced by the following:
Inspection of instructions, correspondence and other reports
541. (1) All documents referred to in section 432, 437, 475.4, 476.75, 477.59 or 478.8, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours.
119. (1) Section 542 of the Act is amended by adding the following after subsection (1):
Treasury Board directive
(1.1) The tariff may incorporate by reference any Treasury Board directive regarding travel and living expenses, as it is amended from time to time.
(2) Section 542 of the Act is amended by adding the following after subsection (3):
Payment of additional sums
(4) If it appears to the Chief Electoral Officer that the fees, costs, allowances and expenses provided for by a tariff under subsection (1) are not sufficient remuneration for the services required to be performed at an election or that a claim for any necessary service performed or for materials supplied for or at an election is not covered by the tariff, the Chief Electoral Officer may authorize the payment of any sum or additional sum for the services or materials that he or she considers just and reasonable.
120. Section 543 of the Act is replaced by the following:
Payment of claims
543. All claims that relate to the conduct of an election shall be paid by electronic payment credited to the accounts of persons who are entitled to payment or by separate cheques issued from the office of the Receiver General and sent directly to such persons.
121. Section 545 of the Act is repealed.
122. Section 552 of the Act is replaced by the following:
Tabling of forms
552. Each form established for the purposes of paragraph 432(1)(a) or 437(1)(a) shall be laid before the House of Commons on any of the first 15 days that it is sitting after the form is made by the Chief Electoral Officer.
123. (1) Paragraph 553(d) of the Act is replaced by the following:
(d) any fees, costs, allowances or expenses referred to in subsection 542(1) or (4);
(2) Section 553 of the Act is amended by adding “and” after paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).
124. Subsection 554(2) of the Act is replaced by the following:
Amendments
(2) It is the duty of the Chief Electoral Officer immediately after the coming into force of an amendment to this Act to publish a consolidated version of this Act on the Chief Electoral Officer’s Internet site, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as the consolidated version has been so published and the forms and instructions have been so corrected and reprinted.
2001, c. 21, s. 26
125. Part 22 of the Act is repealed.
126. The Act is amended by adding, after Schedule 3, the Schedule 4 set out in the schedule to this Act.
Transitional Provisions
Chief Electoral Officer — application of section 13
127. Despite section 13 of the Canada Elections Act, as enacted by section 3, the person who occupies the position of Chief Electoral Officer immediately before the day on which that section 3 comes into force may continue to hold office until he or she reaches the age of 65 years.
Coming into force during election period
128. (1) If section 86 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses.
Prior elections
(2) All obligations and rights arising out of any election that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report and rights to reimburse­ment of election expenses, are subject to the Canada Elections Act as it read at the time of that election.
Prior loans and unpaid claims
129. Loans made before the day on which section 86 comes into force, and claims that are still unpaid on that day, are subject to the Canada Elections Act as it read immediately before that day.
Registered parties — financial reporting
130. For the fiscal period of a registered party during which section 86 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered party is to provide in relation to its financial transactions for that fiscal period.
Registered associations — financial reporting
131. For the fiscal period of a registered association during which section 86 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered association is to provide in relation to its financial transactions for that fiscal period.
Coming into force during nomination contest
132. (1) If section 86 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations including obligations to report.
Prior nomination contests
(2) All obligations arising out of any nomination contest that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that nomination contest.
Coming into force during leadership contest
133. (1) If section 86 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations including obligations to report.
Prior leadership contests
(2) All obligations arising out of any leadership contest that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that leadership contest.
Commissioner of Canada Elections — continuation of term
134. (1) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for at least 18 months, he or she shall continue in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act as enacted by that section 108. However, his or her term of office begins on the date of his or her appointment under section 509 of the Canada Elections Act as it read immediately before the day on which that section 108 comes into force.
Commissioner of Canada Elections — termination
(2) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for less than 18 months, his or her term of office expires on that day.
No right to compensation
(3) A person to whom subsection (2) applies does not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office as a result of subsection (2).
Definition
135. (1) For the purposes of this section, “former portions” means the following portions of the federal public administration in the Office of the Chief Electoral Officer:
(a) the portion known as the Investigations Directorate;
(b) the portion known as the Compliance and Enforcement Directorate; and
(c) the portion known as Internal Services – Investigations and Compliance and Enforcement.
Transfer of appropriations
(2) Any amount that was appropriated, for the fiscal year in which this section comes into force, for defraying the charges and expenses in respect of the former portions and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Director of Public Prosecutions for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.
Continuation of legal proceedings
(3) Any action, suit or other legal proceedings to which the Chief Electoral Officer is a party relating to the former portions that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Director of Public Prosecutions in the same manner and to the same extent as it could have been continued by or against the Chief Electoral Officer.
Employment continued
(4) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the day on which this section comes into force, occupied a position in the former portions, except that the employee shall, beginning on that day, occupy his or her position in the Office of the Director of Public Prosecutions.
R.S., c. E-3
ELECTORAL BOUNDARIES READJUSTMENT ACT
136. The Electoral Boundaries Readjustment Act is amended by adding the following before section 29:
Administrative support services
28.1 Despite any other Act of Parliament, the Chief Electoral Officer may provide administrative support services to commissions to assist them in performing their duties under this Act, including by undertaking activities that support
(a) human resources management services;
(b) financial management services;
(c) information management services;
(d) information technology services;
(e) communications services;
(f) services relating to real property and immovables;
(g) materiel services; and
(h) acquisition services.
1993, c. 38
TELECOMMUNICATIONS ACT
137. (1) Subsection 71(1) of the Telecommunications Act is replaced by the following:
Designation of inspectors
71. (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act and with the decisions of the Commission under this Act.
1999, c. 31, s. 207(F)
(2) Paragraph 71(4)(a) of the Act is replaced by the following:
(a) subject to subsection (5), enter and inspect, at any reasonable time, any place that is owned by or under the control of any Canadian carrier in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the enforcement of this Act or any special Act or any place in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the enforcement of Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;
(3) Paragraph 71(6)(a) of the French version of the Act is replaced by the following:
a) le local d’habitation est un lieu visé à l’alinéa (4)a);
(4) Paragraph 71(6)(b) of the Act is replaced by the following:
(b) that entry to the dwelling-place is necessary for the enforcement of this Act, any special Act or Division 1.1 of Part 16.1 of the Canada Elections Act, and
2005, c. 50, s. 2
138. The portion of section 72.01 of the Act before paragraph (a) is replaced by the following:
Commission of violation
72.01 Every contravention of a prohibition or requirement of the Commission under section 41 and every contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act constitutes a violation and the person who commits the violation is liable
2005, c. 50, s. 2
139. Section 72.05 of the Act is replaced by the following:
Information requirement
72.05 A person authorized to issue notices of violation who believes that a person is in possession of information that the authorized person considers necessary for the administration of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act may require that person to submit the information to the authorized person in periodic reports or in any other form and manner that the authorized person specifies.
2005, c. 50, s. 2
140. (1) Paragraph 72.06(1)(a) of the Act is replaced by the following:
(a) subject to subsection (2), enter and inspect, at any reasonable time, any place in which he or she believes on reasonable grounds there is any document, information or thing relevant to the enforcement of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;
2005, c. 50, s. 2
(2) Paragraph 72.06(3)(b) of the Act is replaced by the following:
(b) that entry to the dwelling-place is necessary for the enforcement of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act; and
2005, c. 50, s. 2
141. Subsection 72.1(2) of the Act is replaced by the following:
Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence in relation to a contravention of a prohibition or requirement of the Commission under section 41, or a contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, applies in respect of a violation to the extent that the rule or principle is not inconsistent with this Act.
2005, c. 50, s. 2
142. Section 72.14 of the Act is replaced by the following:
How act or omission may be proceeded with
72.14 If a contravention of a prohibition or a requirement of the Commission under section 41, or a contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
143. The Act is amended by adding the following after section 72.15:
Group considered corporation
72.16 For the purposes of sections 72.01 to 72.15, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.
144. (1) Subsection 73(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) contravenes any provision of Division 1.1 of Part 16.1 of the Canada Elections Act
(2) Section 73 of the Act is amended by adding the following after subsection (8):
Group considered corporation
(9) For the purposes of this section, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.
2006, c. 9, s. 2
CONFLICT OF INTEREST ACT
145. (1) The definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is amended by adding the following after paragraph (a):
(a.1) the Chief Electoral Officer;
(2) The definition “reporting public office holder” in subsection 2(1) of the Act is amended by adding the following after paragraph (a):
(a.1) the Chief Electoral Officer;
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1
Access to Information Act
146. The Access to Information Act is amended by adding the following after section 16.3:
Director of Public Prosecutions
16.31 Subject to section 541 of the Canada Elections Act, the Director of Public Prosecutions may refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of the functions of the Commissioner of Canada Elections under the Canada Elections Act.
R.S., c. E-3
Electoral Boundaries Readjustment Act
2011, c. 26, s. 11
147. Subsection 25(3) of the Electoral Boundaries Readjustment Act is replaced by the following:
Returning officers and electoral district associations
(3) For the purpose of authorizing and enabling, whenever required, the appointment of returning officers under section 24 of the Canada Elections Act or the registration of electoral district associations under subsection 469(4) of that Act, the representation order is deemed to be effective on the day on which the proclamation under subsection (1) is issued.
R.S., c. F-11
Financial Administration Act
148. Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:
The portion of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions
Le secteur de l’administration publique fédérale faisant partie du Bureau du directeur des poursuites pénales dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste
R.S., c. 1 (5th Supp.)
Income Tax Act
149. Paragraph 230.1(1)(a) of the Income Tax Act is replaced by the following:
(a) in the case of an agent other than an official agent of a candidate, the address recorded in the registry of political parties or of electoral district associations referred to in the Canada Elections Act; and
2006, c. 9, s. 121
Director of Public Prosecutions Act
150. Subsection 3(2) of the Director of Public Prosecutions Act is replaced by the following:
Rank and status
(2) Subject to subsections 509.1(2) and (3) of the Canada Elections Act, the Director has the rank and status of a deputy head of a department.
151. Subsection 6(4) of the Act is replaced by the following:
Other powers, duties and functions
(4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament, except for the powers under subsection 509(1) of the Canada Elections Act.
152. Subsection 16(1) of the Act is replaced by the following:
Annual report
16. (1) The Director shall, not later than June 30 of each year, provide a report to the Attorney General on the activities of the office of the Director in the immediately preceding fiscal year.
Commissioner of Canada Elections
(1.1) In addition, the report shall include a section, provided by the Commissioner of Canada Elections, on his or her activities under the Canada Elections Act in that fiscal year. The Commissioner shall not include the details of any investigation.
COORDINATING AMENDMENTS
This Act
153. On the first day on which both sections 5 and 76 are in force,
(a) subsections 16.1(1) and (2) of the Canada Elections Act are replaced by the following:
Guidelines and interpretation notes
16.1 (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act — other than Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.
Application
(2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.
(b) subsection 16.2(1) of the Canada Elections Act is replaced by the following:
Application for written opinion
16.2 (1) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to an activity or practice that the registered party or a registered association, nomination contestant, candidate or leadership contestant of the registered party proposes to engage in.
This Act
154. On the first day on which both sections 13 and 108 are in force, paragraph 509(3)(e) of the Canada Elections Act is replaced by the following:
(e) an election officer referred to in any of paragraphs 22(1)(a) to (b).
This Act
155. On the first day on which both sections 76 and 86 are in force,
(a) subsection 2(6) of the Canada Elections Act is replaced by the following:
Definition of “polling day”
(6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Parts 16.1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, “polling day” means the day that the writ is withdrawn or deemed to be withdrawn.
(b) subsection 426(2) of the Canada Elections Act is replaced by the following:
Prohibition — incurring expenses
(2) Subject to section 348.02, no person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.
(c) subsection 475(2) of the Canada Elections Act is replaced by the following:
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.
(d) subsection 476.66(5) of the Canada Elections Act is replaced by the following:
Prohibition — incurring nomination campaign expenses
(5) Subject to section 348.02, no person or entity, other than the nomination contestant or their financial agent, shall incur the contestant’s nomination campaign expenses.
This Act
156. (1) If section 86 comes into force before subsection 80(1), then that subsection 80(1) and section 81 are repealed.
(2) If subsection 80(1) comes into force before section 86, then, on the day on which that subsection 80(1) comes into force,
(a) subsection 87(1) is replaced by the following:
87. (1) Subsection 367(1) of the Act, as enacted by section 86, is replaced by the following:
Contribution limits
367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed
(a) $1,500 in total in any calendar year to a particular registered party;
(b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
(d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.
(b) subsection 158(7) is deemed to have been replaced, on the day on which this Act receives royal assent, by the following:
January 1
(7) Subsection 87(1) comes into force on the day on which subsection 80(1) comes into force.
(3) If subsection 80(1) comes into force on the same day as section 86, then that subsection 80(1) is deemed to have come into force before that section 86 and subsection (2) applies as a consequence.
This Act
157. On the first day on which both sections 76 and 108 are in force, section 509.2 of the Canada Elections Act is replaced by the following:
Duty
509.2 The Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced.
COMING INTO FORCE
Royal assent
158. (1) Subsections 2(5) and (6), sections 3, 6, 8, 10, 11 and 15, subsections 26(2) and (3), sections 28, 34 and 35, subsections 39(1), 50(3) and (4) and 54(2) and (3), sections 71 and 73, subsections 80(2) and (3), sections 82 to 85, 88, 89 and 92, subsection 93(4), sections 94 and 95, subsections 97(1) and (2), section 98, subsections 100(1), 101(2) and 102(3), sections 104, 106, 109 to 111, 124, 125, 127, 136, 145 and 153 to 157 come into force on the day on which this Act receives royal assent.
Order in council
(2) Subsection 2(1), sections 5.1, 108, 114 and 117, subsection 123(2) and sections 134, 135, 146, 148 and 150 to 152 come into force on a day or days to be fixed by order of the Governor in Council.
Six months after royal assent
(3) Subsections 2(2) to (4) and (7) to (9), sections 5, 7, 9, 12 to 14 and 16 to 25, subsection 26(1), sections 27, 29 to 33 and 36 to 38, subsection 39(2), sections 40 to 49, subsections 50(1) to (2) and (5), sections 51 to 53, subsections 54(1) to (1.2) and (4), sections 55 to 70, 72, 74, 77 to 79, 86, 90 and 91, subsections 93(1) to (3), sections 94.1 and 96, subsections 97(1.1) and (3), section 99, subsections 100(2) and (3), 101(1) and 102(1), (2) and (4), sections 103, 105, 107, 112, 113, 115, 116 and 118 to 122, subsection 123(1) and sections 126, 128 to 133, 147 and 149 come into force six months after the day on which this Act receives royal assent unless, before then, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations for the bringing into operation of those provisions have been made and that they may come into force accordingly, in which case they come into force on the day on which the notice is published.
Dissolution of Parliament
(4) Sections 4, 76 and 137 to 144 come into force on the day on which Parliament is next dissolved or, if that day occurs less than six months after the day on which this Act receives royal assent, those sections come into force six months after the day on which Parliament is next dissolved.
Section 75
(5) Section 75 comes into force on the day on which section 76 or 77 comes into force, whichever comes first.
January 1 following royal assent
(6) Subsection 80(1) and section 81 come into force on January 1 of the year following the year in which this Act receives royal assent.
January 1
(7) Subsection 87(1) comes into force on January 1 of the year following the year in which section 86 comes into force.
January 1
(8) Subsection 87(2) comes into force on January 1 of the year following the year in which subsection 87(1) comes into force.

SCHEDULE
(Section 126)
SCHEDULE 4
(Subsection 304(3))
PROCEDURE FOR RECOUNTS
Persons Who May Be Present
1. Only the following persons may be present during the recount in addition to the judge, the returning officer and the staff that the returning officer asks to assist in the recount and the recount teams:
(a) the candidates;
(b) up to two representatives for each candidate who are not members of a recount team;
(c) one legal counsel for each candidate;
(d) legal counsel for the Chief Electoral Officer; and
(e) any other person that the judge allows.
2. Persons referred to in paragraph 1(e) may observe the conduct of the recount but shall not participate. They may bring any concerns they have to the attention of the returning officer who shall relay them to the judge. The judge shall take any measure that he or she considers appropriate.
Recount Teams
3. The judge shall, with the Chief Electoral Officer’s approval, establish an appropriate number of recount teams, each consisting of two members appointed by the returning officer — one to have the responsibilities of handler and the other those of recorder — and one representative appointed by each candidate who wishes to be represented on the recount team. Each team is to be assigned a sequential team number, beginning with 1.
Process — General
4. Each recount team shall be assigned to a table and shall remain at its table except during breaks as directed by the judge. To the extent practical, these breaks shall commence only after the recount of a particular ballot box has been completed.
5. The functions of a recount team are the following:
(a) to examine the ballots in any ballot box assigned to it to ascertain whether the team agrees on their classification;
(b) to set aside for examination by the judge any ballots on whose classification there is not agreement (“disputed ballot”); and
(c) to count and report the number of ballots in each classification.
6. At any time during the recount, the candidates referred to in paragraph 1(a) may consent to having the judge conduct the recount by adding the number of votes reported in the statements of the vote, instead of the counting of ballots.
7. (1) The returning officer shall assign ballot boxes to recount teams throughout the recount in a manner that promotes the efficient and continuous counting of ballots, having regard to the number of ballots in each ballot box.
(2) A ballot box shall not be assigned to a recount team if the handler or the recorder of that team was assigned to the advance polling station or polling station from which the box originated.
8. Ballots cast under Part 11 of this Act shall be assigned to recount teams 1 to 3. The process set out in sections 10 to 18 shall be followed with any necessary modifications with regard to envelopes containing ballots cast under that Part. No other ballots or ballot boxes shall be assigned to those teams until the recount of those ballots has been completed.
9. Only the handler or the recorder of a recount team shall handle a ballot box or an envelope containing ballots that is assigned to his or her recount team or any other document or other election material that is in or accompanies the box or envelope.
Process — for Each Ballot Box
10. When a ballot box and the corresponding original statement of the vote are delivered to a recount team,
(a) the recorder shall note the number of the ballot box on the Recount Ballot Box Report in the prescribed form; and
(b) the handler shall open the ballot box, remove and open the large envelope referred to in subsection 288(3) of this Act and remove from it the envelopes containing ballots.
11. (1) The recount team shall examine the envelopes containing spoiled ballots and unused ballots without opening them.
(2) If there is any dispute concerning one of those envelopes or a request that one of them be opened, the question shall be determined by the judge.
12. The recount team shall recount first the ballots in the envelope containing the rejected ballots, if any — according to the criteria referred to in section 269, 279, 284 or 285 of this Act — and then, envelope by envelope in alphabetical order of the candidates’ names, the ballots that were classified as valid votes in favour of candidates.
For Each Envelope — Review of Ballots
13. The recount of the ballots from each of those envelopes shall be conducted in accordance with the following steps:
(a) the handler shall choose the appropriate envelope;
(b) if any ballots were placed with that envelope as a result of the earlier examination of another envelope, the handler shall place those ballots in a single pile (the “counting pile”);
(c) the handler shall unseal the envelope and, taking the first of those ballots,
(i) if a counting pile has already been established, place it on the counting pile, and
(ii) if no counting pile has yet been established, establish one with that first ballot;
(d) the handler shall invite all members of the recount team to examine — but not handle — the ballot;
(e) the handler shall ascertain whether there is unanimous agreement in the recount team that the ballot
(i) was correctly classified, or
(ii) should be assigned to some other classification;
(f) if there is no unanimous agreement, each representative of a candidate is entitled to call for one of their candidate’s representatives who is not a member of a recount team or their candidate’s legal counsel, or both, who may then make representations to the team;
(g) if, after any such representations, there is still no unanimous agreement on the classification of the ballot, the ballot shall be treated as a disputed ballot, in which case
(i) the handler shall take the ballot from the counting pile, print on the back of the ballot (with the pen or pencil supplied to the recount team in small but legible script), a number in the form “XX-Y” where “XX” is the ballot box number and “Y” is a unique sequential number starting at “1” for each disputed ballot within that box,
(ii) the recorder shall make an entry for the disputed ballot in the register of disputed ballots in the Recount Ballot Box Report, indicating its number and the envelope from which it originated, and
(iii) the handler shall put the disputed ballot with an additional envelope marked “disputed ballots”;
(h) if there is unanimous agreement that the ballot was correctly classified, it shall remain on the counting pile;
(i) if there is unanimous agreement that the ballot should be assigned to some other classification, the handler shall take it from the counting pile and
(i) if the envelope containing ballots of that other classification has not yet been recounted, the handler shall place the ballot with that envelope and the recorder shall note the re-classification of the ballot and the reason for it on the Recount Ballot Box Report, and
(ii) if the envelope containing ballots of that other classification has already been recounted, the handler shall place the ballot in that envelope and the recorder shall note the re-classification of the ballot and the reason for it on the Recount Ballot Box Report and adjust the number of ballots recorded in the report for that other classification accordingly;
(j) for each subsequent ballot in the envelope, the handler shall place it on top of the counting pile, and steps (d) to (i) apply with respect to it; and
(k) when all ballots from the envelope have been examined by the team, the handler shall count the ballots in the counting pile, the recorder shall make a note of that number on the Recount Ballot Box Report and the handler shall place those ballots in the envelope without sealing it.
Preparation for Return of Ballot Box
14. (1) When all envelopes from the ballot box — except those designated as containing spoiled ballots and unused ballots — have been recounted, if there are any disputed ballots,
(a) the handler shall count the disputed ballots and place them in the disputed ballots envelope and indicate the number of the corresponding ballot box on the envelope;
(b) the recorder shall note the number of disputed ballots on the Recount Ballot Box Report, confirm the accuracy of the report with the recount team, invite the candidates’ representatives to initial it and attach it to the disputed ballots envelope together with the corresponding original statement of the vote; and
(c) the handler shall not seal the envelope containing rejected ballots, if any, or the envelopes for each candidate, and shall place the envelopes, including the unsealed disputed ballots envelope, in the ballot box along with the Recount Ballot Box Report, the corresponding original statement of the vote and the large envelope.
(2) However, if there are no disputed ballots,
(a) the handler shall seal the envelope containing rejected ballots, if any, and the envelopes for each candidate and place them in the ballot box;
(b) the recorder shall confirm the accuracy of the Recount Ballot Box Report with the recount team, invite the candidates’ representatives to initial it, and give it to the handler; and
(c) the handler shall place the Recount Ballot Box Report, the corresponding original statement of the vote and the large envelope in the ballot box.
(3) When the actions in subsection (1) or (2) have been completed, the handler shall signal by raised hand that the recount team has completed its work with that ballot box.
Return of Ballot Box
15. A person designated by the returning officer from among his or her staff shall bring the recount team another ballot box and shall take the recounted ballot box from the recount team and deliver it to the returning officer.
16. On receipt of a recounted ballot box, the returning officer shall ascertain whether it contains a disputed ballots envelope.
If There Are No Disputed Ballots
17. (1) If the ballot box does not contain a disputed ballots envelope, the returning officer shall provide the Recount Ballot Box Report and attached original statement of the vote to the judge.
(2) The judge shall review the report and statement and, if satisfied, shall initial the report to indicate his or her approval.
(3) If the judge approves the report, the returning officer shall cause the sealed envelopes to be placed in the large envelope, the large envelope to be sealed and placed in the ballot box, the ballot box to be sealed and placed in a secure location designated for ballot boxes for which the recount has been completed and the report and statement to be given to the person responsible for the preparation of the Master Recount Report.
(4) If the judge does not approve the report, the judge shall determine how to proceed with the ballot box.
If There Are Disputed Ballots
18. If the ballot box contains a disputed ballots envelope, the judge shall cause it to be dealt with in accordance with the following steps:
(a) photocopies of the front and back of each disputed ballot in the disputed ballots envelope shall be made — one for each party referred to in paragraphs 1(a) to (c), as the case may be, and one for the judge. Then the disputed ballot shall be returned to the disputed ballots envelope;
(b) after step (a) is completed for all the disputed ballots, the disputed ballots envelope shall be returned to the ballot box;
(c) the judge shall then set a time for the determination of the classification of the disputed ballots. Before the judge makes a determination with respect to a disputed ballot, each party may make submissions. Unless the judge decides otherwise, for the purpose of making submissions, any party opposing the original classification of the ballot will be considered an applicant, and all other parties will be considered respondents;
(d) the judge shall, in the Recount Ballot Box Report, indicate in writing the determination with respect to each disputed ballot, complete the judge’s disposition portion of the report and initial in it the number of votes allocated to each candidate;
(e) the judge shall cause each ballot for which a determination of classification has been made to be placed into the appropriate envelope corresponding to the determination, and shall cause the envelopes to be sealed and placed in the large envelope and the large envelope to be sealed and placed in the ballot box;
(f) the judge shall cause the ballot box and its contents to be sealed and placed in a secure location designated for ballot boxes for which the recount has been completed; and
(g) the Recount Ballot Box Report, with the judge’s disposition noted on it, and the original statement of the vote shall be given to the person responsible for the preparation of the Master Recount Report.
Master Recount Report and Certificate of Votes
19. A person designated by the judge shall transfer the final results shown on the Recount Ballot Box Reports onto the Master Recount Report.
20. Each of the parties referred to in paragraphs 1(a) to (c), as the case may be, and the returning officer shall have the opportunity, from time to time and at the conclusion of the preparation of the Master Recount Report, to inspect and compare the Recount Ballot Box Reports and the Master Recount Report, and to bring any error or discrepancy noted to the attention of the judge.
21. When the recount is complete, the parties referred to in paragraphs 1(a) to (c), as the case may be, may make their final submissions to the judge with respect to the accuracy of the Master Recount Report and the judge shall determine any issues arising from those submissions and ensure that the Master Recount Report is completed in accordance with any such determination.
22. The judge shall — on the basis of the Master Recount Report — without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate and deliver the original of the certificate to the returning officer and a copy of it to each of the parties referred to in paragraphs 1(a) to (c), as the case may be.
Other Powers of the Judge
23. The judge may alter these procedures during the recount after giving the parties referred to in paragraphs 1(a) to (c), as the case may be, and the returning officer the opportunity to make submissions.
24. Any matter not dealt with in these procedures, and any question arising as to the application of these procedures, is to be determined by the judge, including whether persons referred to in section 1 are permitted to communicate with the media.
Published under authority of the Speaker of the House of Commons



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