Bill S-239

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First Reading

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SUMMARY
Short Title
Canada Elections Act
Coming into Force
EXPLANATORY NOTES

First Session, Forty-second Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

SENATE OF CANADA

BILL S-239
An Act to amend the Canada Elections Act (eliminating foreign funding)

FIRST READING, May 30, 2017

THE HONOURABLE SENATOR Frum

4211625

SUMMARY

This enactment amends the Canada Elections Act to broaden the prohibition on inducements of electors by non-residents and to clarify the meaning of “induce”. It also makes it an offence for a third party to accept a foreign contribution for any purposes related to an election and expands the list of foreign contributors in section 358.

Available on the Senate of Canada website at the following address:

www.sencanada.ca/en

1st Session, 42nd Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

SENATE OF CANADA

BILL S-239

An Act to amend the Canada Elections Act (eliminating foreign funding)

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 Eliminating Foreign Funding in Elections Act.

2000, c. 9

Canada Elections Act

2 Section 331 of the Canada Elections Act is amended by replacing the portion before paragraph (a) with the following:

Prohibition – inducements by non-residents

331 No person who does not reside in Canada shall, Insertion start in relation to an election Insertion end , in any way induce electors to vote or refrain from voting or vote or refrain from voting for a particular candidate Insertion start or a candidate for a particular political party, including by promoting or opposing a political party or candidate, Insertion end unless the person is

3 The Act is amended by adding the following after section 331:

Clarification

331.‍01 For greater certainty, for the purposes of section 331, induce includes making a contribution to a person for the purpose of causing, directly or indirectly, that person to induce electors to vote or refrain from voting or vote or refrain from voting for a particular candidate or a candidate for a particular political party.

Prohibition – foreign contributions

331.‍02 No third party, as defined in section 348.‍01, shall, at any time, accept a contribution for any purposes related to an election if the contribution is from any foreign source, including

(a) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee protection Act;
(b) a corporation or an association that does not carry on business in Canada;
(c) a trade union that does not hold bargaining rights for employees in Canada;
(d) a foreign political party;
(e) a foreign government or an agent of one;
(f) a trust that is not resident in Canada; and
(g) a partnership or joint venture, any of whose members, including another partnership or joint venture, are not resident in Canada.
End of inserted block

Loans

331.‍03 For the purposes of sections 331.‍01 and 331.‍02, a contribution includes a loan.

4 (1) Section 358 of the Act is amended by replacing the portion before paragraph (a) with the following:

358 No third party shall use a contribution for election advertising purposes if the contribution is from Insertion start any foreign source, including: Insertion end

(2) Section 358 of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after paragraph (e):

Start of inserted block
(f) a trust that is not resident in Canada; and
(g) a partnership or joint venture, any of whose members, including another partnership or joint venture, are not resident in Canada.
End of inserted block

5 Subsection 495(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):

Start of inserted block
(d) contravenes section 331.‍02 (accepting foreign contributions).
End of inserted block

6 Section 500 of the Act is amended by adding the following after subsection (6):

Additional punishment — third parties

(7) Every third party that is guilty of an offence under paragraph 495(1)‍(d) is, in addition to the punishment provided under subsection (1), liable to a fine equal to the amount of contributions accepted contrary to section 331.‍02.

Coming into Force

Coming into force

7 This Act comes into force on the first anniversary of the day on which it receives royal assent or on an earlier day to be fixed by order of the Governor in Council.

Published under authority of the Senate of Canada

EXPLANATORY NOTES

Canada Elections Act

Clause 2: Text of relevant portions of section 331:

331 No person who does not reside in Canada shall, during an election period, in any way induce electors to vote or refrain from voting or vote or refrain from voting for a particular candidate unless the person is

Clause 3: New.

Clause 4: Text of relevant portions of section 358:

358 No third party shall use a contribution for election advertising purposes if the contribution is from

. . .
(d) a foreign political party; or
(e) a foreign government or an agent of one.

Clause 5: Text of relevant portions of subsection 495(1):

495 (1) Every person is guilty of an offence who

. . .
(b) contravenes subsection 326(1) or (2) (failure to provide election survey information) or, being a sponsor of an election survey, contravenes subsection 326(3) (failure to provide report on election survey results); or
(c) contravenes section 327 (failure to indicate survey not based on recognized statistical methods).

Clause 6: New.