Canada Elections Act

Marginal note:Registration requirement for third parties

• 353 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

  • (a) partisan activity expenses in relation to partisan activities that are carried out during an election period;

  • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

  • (c) election survey expenses in relation to election surveys that are conducted during that period.

  However, the third party may not register before the issue of the writ.

• Marginal note:Exception — deemed registration

  (1.1) A third party that registered under subsection 349.6(1) during a pre-election period that ends the day before the day of the issue of the writ and that is also required to register under subsection (1) is deemed to be registered under that subsection (1).

• Marginal note:Application for registration

  (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

  • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that

    • (i) they are a Canadian citizen,

    • (ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii) they reside in Canada;

  • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;

  • (b.1) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that

    • (i) they are a Canadian citizen,

    • (ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii) they reside in Canada;

  • (c) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

  • (d) the name, address and telephone number of the third party’s financial agent.

• Marginal note:Declaration of financial agent to accompany application

  (3) An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.

• Marginal note:New financial agent

  (4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

• Marginal note:Trade union or corporation

  (5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, election advertising expenses and election survey expenses.

• Marginal note:Examination of application

  (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

• Marginal note:Application rejected

  (7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, registered party, registered third party or eligible party.

• Marginal note:Registration ends

  (8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file a third-party expenses return under subsection 359(1).