Bill C-3
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(2) Paragraph 497(3)(b) of the Act is
replaced by the following:
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(3) Subsection 497(3) of the Act is
amended by adding the following after
paragraph (f.161):
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22. (1) Section 501 of the Act is
renumbered as subsection 501(1).
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(2) Subsection 501(1) of the Act is
amended by adding the following after
paragraph (a):
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(3) Section 501 of the Act is amended by
adding the following after subsection (1):
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Additional
penalties
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(2) If a registered party, its chief agent or
registered agent or one of its officers has been
convicted of an offence referred to in
subsection (3), the court may, having regard to
the nature of the offence and the
circumstances surrounding its commission,
and in addition to any other punishment that
may be imposed under this Act, by order,
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Offences
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(3) For the purposes of subsection (2), the
provisions are:
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Documents to
be provided to
Chief
Electoral
Officer
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(4) The chief agent or specified person
shall, within six months after being directed to
liquidate the party's assets under subsection
(2), provide to the Chief Electoral Officer
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Remittance to
Receiver
General
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(5) Within three months after providing the
documents referred to in subsection (4), the
chief agent or specified person shall remit an
amount equal to any net balance of the assets
over liabilities, calculated on the basis of the
statement mentioned in paragraph (4)(a), to
the Chief Electoral Officer who shall forward
that amount to the Receiver General.
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Liability of
chief agent
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(6) The chief agent or specified person is
liable for the remittance of the amount
referred to in subsection (5).
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Application to
registered
associations
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(7) Subsections (4) to (6) apply to the
liquidation of a registered association's assets
under subsection (2) and any reference in
those subsections to ``party'' and ``chief
agent'' shall be read as a reference to
``registered association'' and ``financial
agent'', respectively.
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23. The Act is amended by adding the
following after section 521:
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Deregistration |
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Notice to
party
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521.1 (1) If the Commissioner has
reasonable grounds to suspect that a registered
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, the
Commissioner shall, in writing, notify the
party that it is required to show that that is one
of its fundamental purposes.
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Court
application
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(2) If, after giving the party a reasonable
opportunity to show what its fundamental
purposes are, the Commissioner still has
reasonable grounds to suspect that the party
does not have as one of its fundamental
purposes the purpose described in subsection
(1), the Commissioner may apply to a court
described in subsection 525(1) for an order
described in subsection (3).
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Order
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(3) If the court is satisfied that the party does
not have as one of its fundamental purposes
the purpose described in subsection (1), the
court shall, by order, direct the Chief Electoral
Officer to deregister the party and it may
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Onus on party
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(4) The onus of satisfying the court that one
of its fundamental purposes is the purpose
described in subsection (1) is on the party.
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Factors
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(5) In making its decision, the court shall
consider all of the factors relevant to
determining the party's purposes, including,
as applicable, the following:
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Exemption
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(6) If, in the court's opinion, the public
interest and the need to ensure fairness of the
electoral process warrant it, the court may, on
application, exempt the party and its
registered associations from the application of
subsection 127(3.3) of the Income Tax Act. If
an exemption is granted, the court may impose
any conditions on the activities of the party,
registered association or candidate that it
considers appropriate.
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Liquidation
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(7) If a chief agent, a financial agent or a
person specified by the court is, under
subsection (3), directed to liquidate, they shall
carry out the liquidation in accordance with
subsections 501(4) to (7).
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24. The Act is amended by adding the
following after section 536.1:
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Considera- tion of registration requirements
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536.2 After the submission to the House of
Commons of a report under section 535 in
relation to the first general election following
the coming into force of this section, any
committee of that House to which the report is
referred shall, in addition to considering the
report, consider the effects of the other
provisions of this Act that came into force on
the same day as this section.
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R.S., c. 1 (5th
Supp.)
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INCOME TAX ACT |
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25. Section 127 of the Income Tax Act is
amended by adding the following after
subsection (3.2):
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Prohibition -
issuance of
receipts
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(3.3) If the Commissioner of Canada
Elections makes an application under
subsection 521.1(2) of the Canada Elections
Act in respect of a registered party, no
registered agent of the party - including, for
greater certainty, a registered agent appointed
by a provincial division of the party - and no
electoral district agent of a registered
association of the party shall issue a receipt
referred to in subsection (3) unless the
Commissioner withdraws the application or
the court makes an order under subsection
521.1(6) of that Act or dismisses the
application.
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TRANSITIONAL PROVISIONS |
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Parties to
perfect
registration
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26. (1) A party that is registered or
eligible to become registered on the day on
which this Act comes into force shall, within
six months after that day, provide to the
Chief Electoral Officer the information
described in paragraphs 366(2)(d), (f), (i)
and (j) of the Canada Elections Act, as
enacted by this Act.
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Requirements
do not apply
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(2) Subsection 369(2), section 374.1,
paragraph 377(2)(b.1), sections 378 and
380.1 and subsections 382(4) and 384(3) of
the Canada Elections Act, as enacted by this
Act, do not apply - until six months after
the day on which this Act comes into
force - in respect of a party that is
registered or eligible to become registered
on that day.
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Requirements
continue to
apply
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(3) Subsection 369(2), section 378 and
subsection 382(4) of the Canada Elections
Act, as they read immediately before the
day on which this Act comes into force,
continue to apply - until six months after
that day - in respect of a party that is
registered or eligible to become registered
on that day.
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COMING INTO FORCE |
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Coming into
force
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27. (1) Subject to subsection (2), this Act
comes into force on June 27, 2004 unless,
before that day, the Chief Electoral Officer
has published a notice in the Canada Gazette
that the necessary preparations for the
bringing into operation of this Act have
been made and that this Act may come into
force accordingly.
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Limitation
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(2) If this Act receives royal assent on a
day that is after June 27, 2004, it comes into
force on that day.
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