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

Full Document:  

Act current to 2022-05-02 and last amended on 2021-06-29. Previous Versions

PART 18Financial Administration (continued)

DIVISION 3Electoral District Associations (continued)

SUBDIVISION ARegistration of Electoral District Associations (continued)

Marginal note:Auditor — eligibility

  •  (1) Only the following are eligible to be an auditor for a registered association:

    • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or

    • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

  • Marginal note:Auditor — ineligibility

    (2) The following persons are ineligible to be an auditor:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a candidate or their official agent;

    • (c) a chief agent of a registered party or an eligible party;

    • (d) a registered agent of a registered party;

    • (e) an electoral district agent of a registered association;

    • (f) a nomination contestant or their financial agent;

    • (g) a leadership contestant or their leadership campaign agent; and

    • (h) a financial agent of a registered third party.

  • 2000, c. 9, s. 458
  • 2014, c. 12, s. 86

Marginal note:Consent

 A registered association shall obtain from its financial agent and auditor, on appointment, their signed consent to act in that capacity.

  • 2000, c. 9, s. 459
  • 2014, c. 12, s. 86

Marginal note:Replacement of financial agent or auditor

 In the event of the death, incapacity, resignation or ineligibility of its financial agent or auditor, or the revocation of the appointment of one, a registered association shall without delay appoint a replacement.

  • 2000, c. 9, s. 460
  • 2014, c. 12, s. 86

Marginal note:Only one financial agent and auditor

 A registered association shall have no more than one financial agent and one auditor at a time.

  • 2000, c. 9, s. 461
  • 2003, c. 19, s. 47
  • 2014, c. 12, s. 86

Marginal note:Prohibition — agents

  •  (1) No person who is ineligible to be a financial agent or an electoral district agent of a registered association shall act in that capacity.

  • Marginal note:Prohibition — auditor

    (2) No person who is ineligible to be an auditor of a registered association shall act in that capacity.

  • 2000, c. 9, s. 462
  • 2014, c. 12, s. 86
Changes in Information Concerning Registered Associations

Marginal note:Changes in information

  •  (1) Within 30 days after the day on which there is a change in the information referred to in subsection 448(1) other than paragraph 448(1)(b), a registered association shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the chief executive officer of the association.

  • Marginal note:New financial agent or auditor

    (2) If the report involves the replacement of the registered association’s financial agent or auditor, it shall include a copy of the signed consent referred to in section 459.

  • Marginal note:Registration of change

    (3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of electoral district associations.

  • 2000, c. 9, s. 463
  • 2014, c. 12, s. 86

Marginal note:Confirmation of registration yearly

 On or before May 31 of every year a registered association shall provide the Chief Electoral Officer with

  • (a) a statement certified by its chief executive officer confirming the validity of the information concerning the association in the registry of electoral district associations; and

  • (b) if there is a change in that information, the report of the change made under subsection 463(1).

Deregistration of Registered Associations

Marginal note:Deregistration — failure to provide documents

 The Chief Electoral Officer may deregister a registered association if the association fails to provide

  • (a) any of the documents referred to in section 451;

  • (b) a report under subsection 456(2) concerning the appointment of an electoral district agent;

  • (c) any of the documents referred to in subsection 463(1) or (2) with respect to a replacement of its financial agent or auditor;

  • (d) a report under subsection 463(1) concerning a change in any other registered information;

  • (e) confirmation under section 464 of the validity of the registered information; or

  • (f) a report that is required to be filed under subsection 476.1(1) by the registered association.

  • 2000, c. 9, s. 465
  • 2003, c. 19, s. 49
  • 2014, c. 12, ss. 85, 86

Marginal note:Deregistration — failure to file return

 The Chief Electoral Officer may deregister a registered association if its financial agent fails to provide him or her with a document for a fiscal period in accordance with subsection 475.4(1).

  • 2000, c. 9, s. 466
  • 2003, c. 19, s. 50
  • 2007, c. 21, s. 35
  • 2014, c. 12, s. 86

Marginal note:Voluntary deregistration

  •  (1) On application by a registered association to become deregistered, signed by its chief executive officer and its financial agent, the Chief Electoral Officer may deregister the association.

  • Marginal note:Deregistration at request of party

    (2) On application by a registered party, signed by its leader and two of its officers, to deregister one of its registered associations, the Chief Electoral Officer shall deregister the association.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply during an election period in the electoral district of the registered association.

  • 2000, c. 9, s. 467
  • 2001, c. 21, s. 23(F)
  • 2003, c. 19, s. 50
  • 2014, c. 12, s. 86

Marginal note:Procedure for non-voluntary deregistration

  •  (1) If the Chief Electoral Officer believes on reasonable grounds that a registered association or its financial agent has omitted to perform any obligation referred to in section 465 or 466, the Chief Electoral Officer shall, in writing, notify the association’s chief executive officer and its financial agent that the association or financial agent must

    • (a) rectify the omission by the discharge of that obligation within 30 days after receipt of the notice; or

    • (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.

  • Marginal note:Extension or exemption

    (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by

    • (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 465 or 466; or

    • (b) specifying a period for compliance with the obligations referred to in paragraph (1)(a).

  • Marginal note:Copy of notice

    (3) A copy of any notice or amendment under subsection (1) or (2) shall be sent to the leader and the chief agent of the registered party with which the registered association is affiliated.

  • Marginal note:Deregistration

    (4) The Chief Electoral Officer may deregister a registered association if the association or its financial agent fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).

  • 2000, c. 9, s. 468
  • 2003, c. 19, s. 51
  • 2014, c. 12, s. 86

Marginal note:Electoral Boundaries Readjustment Act

  •  (1) If the boundaries of an electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act, a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice shall be accompanied by a consent signed by the leader of the registered party with which it is affiliated.

  • Marginal note:Effect of continuation

    (2) If a notice has been filed under subsection (1), on the day on which the representation order comes into force, the registered association is continued as the registered association for the electoral district specified in the notice and assumes all the rights and obligations of the association for the former electoral district.

  • Marginal note:Deregistration

    (3) Any registered association in an electoral district whose boundaries are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act that does not give a notice under subsection (1) is deregistered on the day on which the representation order comes into force under subsection 25(1) of that Act and, despite paragraph 447(c), may provide goods or transfer funds to the registered party with which it is affiliated or to any of its registered associations in the six months after that day. Any such transfer is not a contribution for the purposes of this Act.

  • Marginal note:Registration

    (4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 448 for the registration of an electoral district association for an electoral district that is created by — or whose boundaries are revised as a result of — the order. The electoral district association may be registered at any time on or after the day on which the application is made.

  • Marginal note:Applicant deemed to be electoral district association

    (5) The applicant in an application referred to in subsection (4) is deemed to be an electoral district association as of the date on which the application is received by the Chief Electoral Officer.

Marginal note:Notice of deregistration

  •  (1) If the Chief Electoral Officer proposes to deregister a registered association under section 467 or subsection 468(4), he or she shall, in writing, so notify the association and the registered party with which it is affiliated.

  • Marginal note:Date of deregistration

    (2) The notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.

  • Marginal note:Proof of service

    (3) The notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.

  • 2000, c. 9, s. 470
  • 2003, c. 19, s. 53
  • 2014, c. 12, s. 86

Marginal note:Publication

  •  (1) If a registered association is deregistered for any reason other than the deregistration of the registered party with which it is affiliated, the Chief Electoral Officer shall without delay cause a notice of deregistration to be published in the Canada Gazette.

  • Marginal note:Entry of deregistration in registry of electoral district associations

    (2) The Chief Electoral Officer shall indicate any deregistration of a registered association in the registry of electoral district associations.

  • 2000, c. 9, s. 471
  • 2003, c. 19, s. 54
  • 2014, c. 12, s. 86

Marginal note:Effect of deregistration

 An electoral district association that is deregistered continues to have the obligations of a registered association for the purpose of section 473.

  • 2000, c. 9, s. 472
  • 2014, c. 12, s. 86

Marginal note:Fiscal period and returns

 The financial agent of a deregistered electoral district association shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with the documents referred to in subsection 475.4(1) for

  • (a) the portion of its current fiscal period ending on the day of its deregistration; and

  • (b) any earlier fiscal period for which those documents have not already been provided under that subsection.

  • 2000, c. 9, s. 473
  • 2003, c. 19, s. 55
  • 2014, c. 12, s. 86

SUBDIVISION BFinancial Administration of Registered Associations

General

Marginal note:Duty of financial agent

 The financial agent of a registered association is responsible for administering its financial transactions and for reporting on them in accordance with this Act.

  • 2000, c. 9, s. 474
  • 2014, c. 12, s. 86

Marginal note:Prohibition — paying expenses

  •  (1) No person or entity, other than an electoral district agent of a registered association, shall pay the registered association’s expenses.

  • Marginal note:Prohibition — incurring expenses

    (2) Subject to section 348.02, no person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.

  • Marginal note:Prohibition — accepting contributions, borrowing

    (3) No person or entity, other than an electoral district agent of a registered association, shall accept contributions to the registered association or borrow money on its behalf.

  • Marginal note:Prohibition — accepting or providing goods, services or funds

    (4) No person or entity, other than the financial agent of a registered association, shall, on behalf of the registered association,

    • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

    • (b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.

  • 2000, c. 9, s. 475
  • 2014, c. 12, ss. 86, 155
 
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