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(f) the merged party replaces a merging
party in any proceedings, whether civil,
penal or administrative, by or against the
merging party; and
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(g) any decision of a judicial or
quasi-judicial nature involving a merging
party may be enforced by or against the
merged party.
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| Returns
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403. Within six months after a merger
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(a) each of the merging parties shall provide
the Chief Electoral Officer with the
documents referred to in subsection 424(1)
for
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(i) the portion of its current fiscal period
that ends on the day before the day on
which the merger takes effect, and
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(ii) any earlier fiscal period for which
those documents have not been provided;
and
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(b) the merged party shall provide the Chief
Electoral Officer with
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(i) a statement of its assets and liabilities,
including any surplus or deficit, at the
date of the merger,
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(ii) a report as to whether, in the auditor's
opinion, the statement presents fairly the
information on which it was based, and
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(iii) a declaration in the prescribed form
by the chief agent of the merged party
concerning the statement.
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General Financial Provisions
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Contributions
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| Ineligible
contributors
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404. (1) The following are not eligible to
make a contribution to a registered party, to
one of its trust funds, to an electoral district
association or to a candidate:
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(a) a person who is not a Canadian citizen
or a permanent resident as defined in
subsection 2(1) of the Immigration Act;
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(b) a corporation or an association that does
not carry on business in Canada;
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(c) a trade union that does not hold
bargaining rights for employees in Canada;
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(d) a foreign political party; and
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(e) a foreign government or an agent of one.
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| Return of
contribution
or payment to
Receiver
General
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(2) Where a contribution is received from
an ineligible contributor, the chief agent of the
registered party or official agent of the
candidate, 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
value, to the Chief Electoral Officer who shall
forward that amount to the Receiver General.
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| Prohibition -
making
contributions
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405. (1) No person or entity shall make a
contribution to a registered party that comes
from money, property or the services of
another person or entity.
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| Exception
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(2) Subsection (1) does not apply to the
registered party's electoral district
associations, to trust funds established for the
election of a candidate endorsed by the
registered party or to candidates endorsed by
the registered party who transfer contributions
to the registered party.
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| Prohibition -
accepting
contributions
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(3) No person, other than a chief agent or
registered agent of a registered party, shall
accept contributions to the registered party.
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Expenses
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| Candidate's
expenses for
electoral
campaign
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406. An electoral campaign expense of a
candidate is an expense reasonably incurred as
an incidence of the election, including
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(b) a personal expense; and
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(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.
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| Election
expenses
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407. (1) An election expense includes any
cost incurred, or non-monetary contribution
received, by a registered party or a candidate,
to the extent that the property or service for
which the cost was incurred, or the
non-monetary contribution received, is used
to directly promote or oppose a registered
party, its leader or a candidate during an
election period.
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| Exclusions -
certain
fund-raising
and
nominations
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(2) Expenses for a fund-raising activity and
expenses to directly promote the nomination
of a person as a candidate or as leader of a
registered party, other than expenses referred
to in paragraph (3)(a) that are related to such
fund-raising and promotional activities, are
not election expenses under subsection (1).
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| Inclusions
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(3) An election expense referred to in
subsection (1) includes a cost incurred for, or
a non-monetary contribution in relation to,
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(a) the production of advertising or
promotional material and its distribution,
broadcast or publication in any media or by
any other means;
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(b) the payment of remuneration and
expenses to or on behalf of a person for their
services as an official agent, registered
agent or in any other capacity;
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(c) securing a meeting space or the supply
of light refreshments at meetings; and
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(d) any product or service provided by a
government, a Crown corporation or any
other public agency.
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| Definition of
``cost
incurred''
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(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.
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| Contributions
for ticketed
fund-raising
functions
|
408. If a fund-raising activity is held for the
primary purpose of soliciting a monetary
contribution for a registered party or a
candidate 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.
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| Personal
expenses of a
candidate
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409. (1) Personal expenses of a candidate
are his or her electoral campaign expenses,
other than election expenses, that are
reasonably incurred in relation to his or her
campaign and include
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(a) travel and living expenses;
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(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
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(d) in the case of a candidate who has a
disability, additional personal expenses that
are related to the disability.
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| Categories
and
maximums
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(2) The Chief Electoral Officer may
establish categories of personal expenses and
fix maximum amounts that may be incurred
for expenses in each category.
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| Evidence of
payment -
under $50
|
410. (1) Where an expense of $50 or more
was incurred under this Act on behalf of a
registered party and paid by the chief agent,
registered agent or person authorized under
subsection 411(1) or on behalf of a candidate
and paid by the official agent of the candidate
or person authorized under that subsection,
the chief agent, registered agent, official agent
or authorized person, as the case may be, must
keep a copy of the invoice prepared by the
person who provided the good or service to
which the expense relates together with proof
that it was paid.
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| Evidence of
payment -
under $50
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(2) Where an expense of less than $50 was
incurred and paid as described in subsection
(1), the person who made the payment must
keep a record of the nature of the expense
together with proof that it was paid.
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| Petty
expenses
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411. (1) A person may pay a petty expense
incurred for office supplies, postage, courier
services and other incidental expenses under
the written authorization of
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(a) a registered agent of a registered party,
as an expense incurred by the registered
party; or
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(b) the official agent of a candidate, as an
expense incurred for the candidate's
electoral campaign.
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| Authorized
maximum
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(2) The written authorization referred to in
subsection (1) must specify a maximum
amount for the total of petty expenses that the
person is authorized to pay.
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| Statement and
evidence of
payment
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(3) A person who is authorized to pay a
petty expense shall provide the registered
agent or official agent who authorized it with
the documentation referred to in section 410
within three months after
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(a) in the case of a petty expense incurred on
behalf of a registered party, the day on
which it is incurred; or
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(b) in the case of a petty expense incurred on
behalf of a candidate, polling day.
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| Prohibition
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(4) No person who is authorized to pay petty
expenses shall, in total, pay more than the
maximum amount of petty expenses that the
person is authorized to pay.
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| Publication of
electoral
campaign
returns and
election
expense
returns
|
412. (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 updated versions of those returns
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(a) in the case of an original return, within
one year after the issue of a writ for an
election; and
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(b) in the case of an updated return, as soon
as practicable after he or she receives it.
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| Publication of
returns on
financial
transactions
|
(2) The Chief Electoral Officer shall, in the
manner that he or she considers appropriate,
publish the return on financial transactions of
a registered party and any updated version of
it, as soon as practicable after he or she
receives the return or updated return.
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| Summary of
return on
candidates'
election
expenses
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(3) As soon as practicable after receiving an
electoral campaign return 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 or updated version of one which shall
include the maximum election expenses
allowed for the electoral district and, for each
candidate,
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(a) the total election expenses;
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(b) the total personal expenses;
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(c) the number of contributors and the total
amount of contributions received;
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(d) the name of the official agent;
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(e) the name of the auditor; and
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(f) if it applies, an indication that the
auditor's report on a return was qualified.
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| Publication of
returns and
statements of
expenses of
suspended
parties
|
(4) As soon as practicable after receiving a
return on financial transactions under
subparagraph 392(a)(i) or a statement of
expenses under paragraph 396(1)(a) from a
suspended party, the Chief Electoral Officer
shall publish it in the manner that he or she
considers appropriate.
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| Delivery to
returning
officers
|
413. (1) The Chief Electoral Officer shall,
as soon as practicable after receiving the
documents referred to in subsection 451(1) for
an electoral district, deliver a copy of them to
the returning officer for the electoral district.
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| Public
availability
|
(2) A returning officer who receives
documents under subsection (1) shall, on
request, make them available for six months
during reasonable times for public inspection.
Copies may be obtained for a fee of up to $0.25
per page.
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| Retention
|
(3) A returning officer who receives
documents under subsection (1) shall retain
them for three years after the six-month period
mentioned in subsection (2) or any shorter
period that the Chief Electoral Officer
considers appropriate.
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Inflation Adjustment Factor
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| Inflation
adjustment
factor
|
414. Before April 1 in each year, the Chief
Electoral Officer shall cause to be published in
the Canada Gazette an inflation adjustment
factor that shall be in effect for a period of one
year beginning on that date. It shall be a
fraction with
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(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
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(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.
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