Canada Elections Act (S.C. 2000, c. 9)

381.1 [Repealed, 2014, c. 12, s. 86]

Marginal note: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.

• Marginal note: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).

• Marginal note: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;

  • (a.1) the total litigation expenses;

  • (a.2) the total travel and living expenses that are related to travel and sojourns during the election period;

  • (a.3) the total accessibility 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.

• Marginal note: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.

383 [Repealed, 2018, c. 31, s. 253]

Inflation Adjustment Factor

Marginal note: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 1.1Regulated Fundraising Events

Interpretation

Marginal note:Definition of regulated fundraising event

• 384.1 (1) In this Division, regulated fundraising event means an event

  • (a) that is organized for the financial benefit of

    • (i) a registered party that is represented in the House of Commons on the day the event occurs or, if Parliament is dissolved, on the date of dissolution, or

    • (ii) a registered association, nomination contestant, candidate or leadership contestant of a registered party described in subparagraph (i); and

  • (b) that is attended by

    • (i) a leader, interim leader or leadership contestant of the registered party for whose financial benefit the event is organized or the registered party described in subparagraph (a)(ii), or a minister of the Crown or minister of state who is a member of the registered party for whose financial benefit the event is organized or the registered party described in that subparagraph, and

    • (ii) at least one person who, in order to attend it, is required

      • (A) to have made a contribution or contributions of a total amount of more than $200 to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a contribution or contributions, or

      • (B) to have paid more than $200, the amount including a contribution to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a payment.

• Marginal note:Exclusion — conventions and leadership contestant debates

  (2) Despite subsection (1), a regulated fundraising event does not include a convention, including a leadership convention, of a registered party referred to in subparagraph (1)(a)(i), or a leadership contestants’ debate.

• Marginal note:Inclusion — fundraising events that are part of conventions

  (3) Despite subsection (2), a regulated fundraising event includes an event that is part of a convention referred to in that subsection if the event is attended by at least one person who, in order to attend it, is required

  • (a) to make a contribution or contributions — in addition to any amount that they were required to pay to attend the convention — of a total amount of more than $200 to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a contribution or contributions; or

  • (b) to pay more than $200 — in addition to any amount that they were required to pay to attend the convention — to attend the event, the amount including a contribution to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a payment.

• Marginal note:Exclusion — contributor appreciation events

  (4) Despite subsection (3), a regulated fundraising event does not include any event that is part of a convention referred to in subsection (2) and that is organized to express appreciation for persons who have made a contribution to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants.

Publication and Report

Marginal note:Regulated fundraising event organized by registered party

• 384.2 (1) If a registered party organizes all or part of a regulated fundraising event for its own financial benefit or for the financial benefit of one of its registered associations, nomination contestants, candidates or leadership contestants, the registered party shall publish the information set out in subsection (2) in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.

• Marginal note:Information

  (2) The information to be published under subsection (1) and provided under subsection (3) is the following:

  • (a) the date, time and location of the regulated fundraising event;

  • (b) the name of each entity or person referred to in paragraph 384.1(1)(a) for whose financial benefit the event is organized;

  • (c) the name of each person referred to in subparagraph 384.1(1)(b)(i) who will be attending the event;

  • (d) the total amount of contributions that a person will be required to have made, or the amount that they will be required to have paid, in order to attend the event; and

  • (e) the contact information of an individual who may be contacted and from whom further information about the event may be obtained.

• Marginal note:Regulated fundraising event not organized by registered party

  (3) If a regulated fundraising event is organized entirely by one or more persons or entities other than the registered party for whose financial benefit the event is organized, or for the financial benefit of whose registered association, nomination contestant, candidate or leadership contestant the event is organized, each person or entity that organizes the event or any part of it shall provide the information set out in subsection (2) to the registered party in time for the registered party to be able to publish the information as required under subsection (4).

• Marginal note:Registered party to publish information

  (4) If at least one person or entity referred to in subsection (3) complies with the obligation under that subsection — to provide information to the registered party in time for the registered party to be able to publish it — the registered party shall publish that information in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.

• Marginal note:Registered party to notify Chief Electoral Officer

  (4.1) If a registered party is required to publish information under subsection (1) or (4), it shall also notify the Chief Electoral Officer of the regulated fundraising event no later than five days before the day the event takes place.

• Marginal note:Updating published information

  (5) If a registered party referred to in subsection (1) or (4) becomes aware, after publishing information under this section, of any change to that information, the registered party shall replace the old information on its Internet site with the new information as soon as feasible after becoming aware of the change.

• Marginal note:Updating information provided

  (6) If a person or entity referred to in subsection (3) becomes aware, after providing information to a registered party under this section, of any change to that information, the person or entity shall provide the new information to the registered party as soon as feasible after becoming aware of the change.

• Marginal note:Updating published information

  (7) If new information is provided to a registered party under subsection (6), the registered party shall replace the old information on its Internet site with the new information as soon as feasible after being provided with it.

• Marginal note:Exception — election period

  (8) Subsections (1) to (7) do not apply in respect of a regulated fundraising event that takes place during the election period of a general election.

Marginal note:Report on regulated fundraising event organized by registered party

• 384.3 (1) If a registered party organizes all or part of a regulated fundraising event for its own financial benefit or for the financial benefit of one of its registered associations, nomination contestants, candidates or leadership contestants, the registered party’s chief agent shall provide the Chief Electoral Officer with a report, in the prescribed form, on the regulated fundraising event.

• Marginal note:Contents of report

  (2) Subject to subsection (3), the report referred to in subsection (1) shall set out the following:

  • (a) the date, time and location of the regulated fundraising event;

  • (b) the name of each entity or person referred to in paragraph 384.1(1)(a) for whose financial benefit the event was organized;

  • (c) the name of each person referred to in subparagraph 384.1(1)(b)(i) who attended the event;

  • (d) the name of each person — other than any person referred to in paragraph (c) — who attended the event, along with the name of their municipality or its equivalent, their province and their postal code;

  • (e) the total amount of contributions that a person was required to have made, or the amount that they were required to have paid, in order to attend the event; and

  • (f) the name of each person or entity that organized the event or any part of it.

• Marginal note:Information not to be included in report

  (3) The registered party’s chief agent shall not include in the report referred to in subsection (1) the name of any of the following persons who attended the regulated fundraising event, nor the name of their municipality or its equivalent, their province or their postal code:

  • (a) any person who was under 18 years of age on the day on which the event took place;

  • (a.1) any person who attended the event solely to assist a person with a disability;

  • (b) any person who attended the event solely because they were employed in the organization of the event;

  • (c) any of the following persons who attended the event solely in the course of their employment:

    • (i) an employee or other representative of any media organization, as well as any freelance journalist, and

    • (ii) a member of the support staff, including security staff, of any person referred to in subparagraph 384.1(1)(b)(i) who attended the event; and

  • (d) any person who attended the event solely in order to provide volunteer labour.

• Marginal note:Regulated fundraising event not organized by registered party

  (4) If a regulated fundraising event is organized entirely by one or more persons or entities other than the registered party for whose financial benefit the event is organized, or for the financial benefit of whose registered association, nomination contestant, candidate or leadership contestant the event is organized, each person or entity that organizes the event or any part of it shall, subject to subsection (5), provide the information set out in subsection (2) to the registered party in time for the registered party’s chief agent to be able to provide the Chief Electoral Officer with a report on the event as required under subsection (6).

• Marginal note:Updating information provided

  (4.1) If a person or entity referred to in subsection (4) becomes aware, after providing information to a registered party under that subsection or this subsection, of any change to that information, the person or entity shall provide the new information to the registered party as soon as feasible after becoming aware of the change.

• Marginal note:Information not to be provided

  (5) No person or entity referred to in subsection (4) or (4.1) shall include in the information provided to the registered party under that subsection the name of any person referred to in paragraphs (3)(a) to (d) who attended the regulated fundraising event, nor the name of their municipality or its equivalent, their province or their postal code.

• Marginal note:Report on regulated fundraising event

  (6) If at least one person or entity referred to in subsection (4) complies with the obligation under that subsection — to provide information to the registered party in time for the registered party’s chief agent to be able to provide the Chief Electoral Officer with the report — that chief agent shall provide the Chief Electoral Officer with a report, in the prescribed form, on the regulated fundraising event setting out that information.

• Marginal note:Period for providing report

  (6.1) The registered party’s chief agent shall provide the Chief Electoral Officer with the reports referred to in subsections (1) and (6) within 30 days after the day the regulated fundraising event takes place.

• Marginal note:Exception — election period

  (7) Subsections (1) to (6.1) do not apply in respect of a regulated fundraising event that takes place during the election period of a general election.

• Marginal note:Election period

  (8) A registered party’s chief agent shall provide the Chief Electoral Officer with a single report, in the prescribed form, on all the regulated fundraising events that were held during the election period for a general election and

  • (a) all or part of which were organized by the registered party for its own financial benefit or for the financial benefit of one of its registered associations, nomination contestants, candidates or leadership contestants; or

  • (b) in respect of which at least one person or entity that organized the event or any part of it complied with the obligation under subsection (9).

• Marginal note:Period for providing report

  (8.1) The registered party’s chief agent shall provide the Chief Electoral Officer with the report referred to in subsection (8) within 60 days after polling day at the general election.

• Marginal note:Regulated fundraising event not organized by registered party

  (9) If a regulated fundraising event that was held during the election period for a general election was organized entirely by one or more persons or entities other than the registered party for whose financial benefit the event was organized, or for the financial benefit of whose registered association, nomination contestant, candidate or leadership contestant the event was organized, each person or entity that organized the event or any part of it shall, subject to subsection (10), provide the information set out in subsection (2) to the registered party in time for the registered party’s chief agent to be able to provide the Chief Electoral Officer with the report as required under subsection (8).

• Marginal note:Updating information provided

  (9.1) If a person or entity referred to in subsection (9) becomes aware, after providing information to a registered party under that subsection or this subsection, of any change to that information, the person or entity shall provide the new information to the registered party as soon as feasible after becoming aware of the change.

• Marginal note:Information not to be provided

  (10) No person or entity referred to in subsection (9) or (9.1) shall include in the information provided to the registered party under that subsection the name of any person referred to in paragraphs (3)(a) to (d) who attended the regulated fundraising event, nor the name of their municipality or its equivalent, their province or their postal code.

• Marginal note:Contents of report

  (11) Subject to subsection (12), the report referred to in subsection (8) shall set out the information referred to in subsection (2) for each regulated fundraising event referred to in subsection (8).

• Marginal note:Information not to be included in report

  (12) The registered party’s chief agent shall not include in the report referred to in subsection (8), in respect of a given regulated fundraising event, the name of any person referred to in paragraphs (3)(a) to (d) who attended that event, nor the name of their municipality or its equivalent, their province or their postal code.

• Marginal note:Publication of reports

  (13) The Chief Electoral Officer shall publish reports provided under subsections (1), (6) and (8), and any corrected or revised versions of those reports, as soon as feasible after receiving them, in the manner that he or she considers appropriate.