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

Full Document:  

Act current to 2022-01-12 and last amended on 2021-06-29. Previous Versions

PART 18Financial Administration (continued)

DIVISION 2Political Parties (continued)

SUBDIVISION BFinancial Administration of Registered Parties (continued)

Quarterly Allowances

Marginal note:Quarterly allowance

  •  (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.

  • Marginal note: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.

  • Marginal note: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 percentage of valid votes cast in the election referred to in subsection (1).

  • Marginal note: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.

  • 2000, c. 9, s. 445
  • 2014, c. 12, s. 86

Marginal note:Certificate

  •  (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.

  • Marginal note: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.

  • Marginal note: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 Revenue 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).

  • Marginal note: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.

  • 2000, c. 9, s. 446
  • 2014, c. 12, s. 86

DIVISION 3Electoral District Associations

SUBDIVISION ARegistration of Electoral District Associations

Registration

Marginal note:Prohibition — accepting contributions, etc., while not registered

 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.

  • 2000, c. 9, s. 447
  • 2014, c. 12, s. 86

Marginal note:Contents of application

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • 2000, c. 9, s. 448
  • 2014, c. 12, s. 86

Marginal note:Only one registered association per district

 A registered party may have at most one registered association in an electoral district.

  • 2000, c. 9, s. 449
  • 2014, c. 12, s. 86

Marginal note:Prohibition — incurring partisan advertising expenses, etc.

  •  (1) No electoral district association of a registered party shall

    • (a) incur partisan advertising expenses in relation to partisan advertising messages that promote or oppose a registered party or an eligible party and that are transmitted during a pre-election period; or

    • (b) transmit or cause to be transmitted, during a pre-election period, partisan advertising messages that promote or oppose a registered party or an eligible party.

  • Marginal note:Exception

    (2) Despite paragraph (1)(a), an electoral district association of a registered party may incur partisan advertising expenses to the extent that the goods or services that the partisan advertising expense is incurred for are

    • (a) provided to that party, if permitted under paragraph 364(2)(b); or

    • (b) sold to that party.

  • Marginal note:Exception

    (3) Despite subsection (1), an electoral district association of a registered party may

    • (a) incur partisan advertising expenses for the transmission of partisan advertising messages referred to in paragraph (1)(a) to the extent that those messages are intended to be transmitted solely, or substantially solely, within the association’s electoral district; and

    • (b) transmit or cause to be transmitted partisan advertising messages referred to in paragraph (1)(b) to the extent that those messages are transmitted solely, or substantially solely, within the association’s electoral district.

Marginal note:Message to be authorized

 A registered association that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the association’s electoral district agents.

Marginal note:Prohibition — incurring election expenses

  •  (1) No electoral district association of a registered party shall incur election expenses.

  • Marginal note:Election expenses — electoral district associations

    (1.1) For the purposes of subsection (1),

    • (a) election expense has the meaning given to that expression by subsection 376(1), except that the reference to “a registered party or a candidate” is to be read as a reference to “an electoral district association”; and

    • (b) subsections 376(2) to (4) apply, other than paragraph 376(3)(c), except that the reference to “a registered party or a candidate” in subsection 376(4) is to be read as a reference to “an electoral district association”.

  • Marginal note:Exception

    (1.2) Despite subsection (1), an electoral district association of a registered party may incur an election expense to the extent that the property or service that the cost was incurred for or the non-monetary contribution was received for — or the goods or services that were accepted — are

    • (a) provided to that party, a registered association of that party or a candidate endorsed by that party, if permitted under paragraph 364(2)(b); or

    • (b) sold to that party or a candidate endorsed by that party.

  • Marginal note:Uncancellable transmission

    (2) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, or of a by-election, an electoral district association is deemed not to have incurred an election expense for election advertising if, on the issue of the writ or writs, it is not able to cancel the transmission of the election advertising message that the expense is in relation to.

Marginal note:Statement of assets and liabilities

 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.

  • 2000, c. 9, s. 451
  • 2003, c. 19, s. 44
  • 2006, c. 9, s. 52
  • 2014, c. 12, s. 86

Marginal note:Prohibition — declaration concerning statement

 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.

  • 2000, c. 9, s. 452
  • 2003, c. 19, s. 45
  • 2006, c. 9, s. 53
  • 2014, c. 12, s. 86

Marginal note:Annual fiscal period

 The fiscal period of a registered association is the calendar year.

  • 2000, c. 9, s. 453
  • 2003, c. 19, s. 46
  • 2014, c. 12, s. 86

Marginal note:Adjustment of fiscal period

 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.

  • 2000, c. 9, s. 454
  • 2014, c. 12, s. 86

Marginal note:Registry of electoral district associations

 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).

  • 2000, c. 9, s. 455
  • 2004, c. 24, s. 19
  • 2014, c. 12, s. 86
Electoral District Agents and Auditors

Marginal note:Appointments

  •  (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.

  • Marginal note: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.

  • 2000, c. 9, s. 456
  • 2014, c. 12, s. 86

Marginal note:Agents — corporations

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • 2000, c. 9, s. 457
  • 2014, c. 12, s. 86
 
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