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REGISTRATION OF POLITICAL PARTIES

Registry and application for registration

24. (1) The Chief Electoral Officer shall maintain a registry of political parties and subject to this section and sections 25 to 32 shall register therein any political party that files with him an application for registration signed by the leader of the party, setting out

(a) the full name of the party,

(b) the short form of the party name or the abbreviation, if any, of the party name to be shown in any election documents,

(c) the name and address of the leader of the party,

(d) the address of the office of the party where records are maintained and to which communications may be addressed,

(e) the names and addresses of the officers of the party,

(f) the name and address of the person who has been appointed auditor of the party,

(g) the name and address of the chief agent of the party, and

(h) the names, addresses and signatures of one hundred electors who are members of the party,

and accompanied by a statement in writing signed by the person named pursuant to paragraph (f) stating that he has accepted the appointment as auditor of the party.

Logo

(1.1) An application for registration referred to in subsection (1) may also include the party logo.

Registration

(2) On receipt of an application for registration of a political party pursuant to subsection (1), the Chief Electoral Officer shall examine the application and determine whether the party can be registered under this section and

(a) where he determines that, on the nomination by the party of fifty candidates in accordance with paragraph (3)(a) or (b), whichever is applicable, the party could be registered, so inform the leader of the party; or

(b) in any other case, inform the leader of the party that the party cannot be registered.

Effective date of registration

(3) Where the leader of a political party has been informed by the Chief Electoral Officer pursuant to paragraph (2)(a) that, on the nomination of fifty candidates in accordance with paragraph (a) or (b), whichever is applicable, the political party could be registered, the party shall be registered

(a) if the application for registration is filed within the period commencing with the day following polling day at one general election and terminating on the sixtieth day before the issue of writs for the next general election, on the day after the party has officially nominated candidates in fifty electoral districts at the next general election, or

(b) if the application for registration is filed within the period commencing with the fifty-ninth day before the issue of writs for a general election and terminating on polling day at that election, on the day after the party has officially nominated candidates in fifty electoral districts at the general election next following the general election falling within that period,

and if the political party fails to nominate fifty candidates in accordance with paragraph (a) or (b), whichever is applicable, the Chief Electoral Officer shall inform the leader of the party that the party cannot be registered.

Prohibitions against registration

(4) The Chief Electoral Officer shall not register a political party where, in the case of an application for registration,

(a) the Chief Electoral Officer is of the opinion that the name, the short form or the abbreviation of the name or the logo of the party so nearly resembles the name, the short form or the abbreviation of the name or the logo, as the case may be, of

(i) a registered party, or

(ii) another political party the application for registration of which was made first in time and the leader of which has not been informed that the party cannot be registered,

as to be likely to be confused with the registered party or the other political party; or

(b) the name of the party includes the word "independent". [R.S., 1985, c.E-2, s.24; 1993, c.19, s.14.]

Variation of registration

25. (1) The Chief Electoral Officer may, on receipt of an application to change the name of a registered party, its short form or abbreviation or the logo of a registered party, signed by the leader of the registered party, vary the name, the short form or the abbreviation of the name or the logo of a registered party in the registry referred to in section 24 in accordance with the application to any other name, short form or abbreviation thereof or logo that can be registered pursuant to this section if the application contains the information required by paragraphs 24(1)(a) to (g), and is accompanied by a certified copy of the resolution to change the name, its short form or abbreviation or the logo.

Effective date of variation

(2) Subject to subsection (3), where the Chief Electoral Officer accepts an application to vary the name, the short form or the abbreviation of the name or the logo of a registered party, the change is effective on the date the application was received by the Chief Electoral Officer.

Idem

(3) Where an application to make the change referred to in subsection (1) is received by the Chief Electoral Officer during an election, the change, if the application is accepted by the Chief Electoral Officer, is effective on the day immediately following the day fixed for the return of the writs. [R.S., 1985, c.E-2, s.25; 1993, c.19, s.15.]

Report of change in registration

26. (1) Where, as a result of a change in the leadership of a registered party or other change, any of the information or material provided by that party to the Chief Electoral Officer pursuant to paragraphs 24(1)(b) to (g) or pursuant to this subsection ceases to be applicable, the registered party shall, within thirty days after the change occurs, send a report in writing, signed by the leader of the party, setting out the details of the change to the Chief Electoral Officer and, on receipt of the report, the Chief Electoral Officer may vary the registry referred to in subsection 24(1) in accordance with the information contained in the report.

Idem

(2) Where a change referred to in subsection (1) is a change to the leadership of the party, the report required by that subsection must be accompanied by a copy of the resolution of an official meeting of the party appointing the new leader, certified by the new leader and by another officer of the party.

Auditor or Chief Agent

(3) Where a change referred to in subsection (1) is the appointment of a new auditor or chief agent, the report required by that subsection must include a statement in accordance with subsection 24(1) signed by the person named in accordance with paragraphs 24(1)(f) or (g). [R.S., 1985, c.E-2, s.26; 1993, c.19, s.16.]

Duties of registered parties

27. At a general election, every registered party that has been registered prior to that election shall, not later than ten days after the date of the issue of the writs, file with the Chief Electoral Officer a statement in writing signed by the leader of the party

(a) confirming or bringing up to date the information contained in the application for registration of the party; and

(b) where the leader wishes to designate representatives to endorse candidates at the election, designating those representatives. [R.S., 1985, c.E-2, s.27; 1993, c.19, s.17.]

Deletions from registry

28. (1) The Chief Electoral Officer may delete from the registry

(a) at a general election, on or after the eleventh day after the date of issue of the writs, any registered party that has not complied with section 27; or

(b) at any time, any registered party that has failed to comply with subsections 26(1), 31(3), 33(2), 34(1), 42(1), 44(1) and 46(1).

Idem

(2) The Chief Electoral Officer shall, on the close of nominations at a general election, delete from the registry referred to in subsection 24(1), any registered party that did not at the close of nominations on that day have candidates in at least fifty of the electoral districts.

Where party deemed represented in House

(3) For the purposes of this section, a political party is deemed not to have been represented in the House of Commons at a particular time unless at that time it was represented therein by twelve or more members. [R.S., 1985, c.E-2, s.28; 1993, c.19, s.18.]

Fiscal period

29. (1) The fiscal period of each registered party shall coincide with the calendar year.

 

Idem

(2) Where the fiscal period of a political party that becomes a registered party does not coincide with the calendar year, the party shall vary the period of its then prevailing fiscal year by either restricting or extending it by such number of days as is necessary to cause it to terminate on the last day of a calendar year but in no case shall the then prevailing fiscal year of the party be restricted to less than six months or extended to more than eighteen months. [1973-74, c.51, s.3; 1977-78, c.3, s.9.]

Voluntary deletion from registry

30. (1) A registered party may, at any time other than during a general election, apply to the Chief Electoral Officer to delete the party from the registry and, on receipt of the application, the Chief Electoral Officer may, if the chief agent of the party has transmitted to the Chief Electoral Officer the return described in subsection 46(1) containing substantially the information required by subsection 46(2), in respect of each general election that has been held since the registration of the party became effective, delete the party from the registry.

Idem

(2) An application under subsection (1) shall be in writing signed by the leader and any two officers of the registered party.

Idem

(3) Subsection 43(1) and sections 44 and 45 continue to apply to a political party after it has been deleted from the registry pursuant to subsection (1) in respect of any fiscal period of the party ending before it is so deleted and the fiscal period of the party in which it is so deleted. [1977-78, c.3, s.9.]

Applicant deemed to be a registered party

31. (1) Where the leader of a political party that has made application for registration pursuant to subsection 24(1)

(a) has been informed by the Chief Electoral Officer pursuant to paragraph 24(2)(a) that, on the nomination of fifty candidates in accordance with paragraph 24(3)(a) or (b), whichever is applicable, the party could be registered, and

(b) has not been informed by the Chief Electoral Officer pursuant to subsection 24(3) that the party cannot be registered,

that political party shall be deemed to be a registered party for the purposes of sections 25 and 26, paragraph 27(a), subsection (3) of this section and subsections 33(2) to 34(2) and 42(1) and those provisions apply to that political party with such modifications as the circumstances require, but where the political party fails to comply with section 26, paragraph 27(a), subsection (3) of this section or subsections 33(2) to 34(2) and 42(1), the Chief Electoral Officer shall inform the leader of the party that the party cannot be registered.

Failure of political party to comply with subsection (1)

(2) Where a political party referred to in subsection (1) fails to comply with any provision referred to in that subsection and that failure to comply would cause the Chief Electoral Officer to inform the leader of the party that the party cannot be registered, the provisions of subsections (5) to (9) apply with such modifications as the circumstances require.

Confirmation of information in registry

(3) Every registered party shall, within six months after the end of every calendar year, file with the Chief Electoral Officer a statement in writing, signed by the leader of the party, confirming the information relating to that registered party contained in the registry referred to in subsection 24(1).

Application for registration ceasing to be valid

(4) An application for registration of a political party ceases to be valid when the Chief Electoral Officer informs the leader of the political party, pursuant to subsection 24(3), that the party cannot be registered.

Contravention of provision by registered party

(5) Where the Chief Electoral Officer believes on reasonable grounds that a registered party has contravened any provision referred to in subsection 28(1), the Chief Electoral Officer shall, by notice in writing, so inform the party in accordance with subsection (6) and require that the party, within thirty days after the receipt of the notice,

(a) cease the contravention; or

(b) establish to the satisfaction of the Chief Electoral Officer that the contravention is not the result of any negligence or lack of good faith.

Notice

(6) The notice referred to in subsection (5) shall be sent to the leader, to the chief agent and to all other officers of the party set out in the registry referred to in subsection 24(1).

Deletion of registered party from registry

(7) The Chief Electoral Officer may delete a registered party from the registry referred to in subsection 24(1) where a registered party in respect of which a notice has been sent pursuant to subsection (5) has not, within the period referred to in the notice, ceased the contravention referred to in the notice or established to the satisfaction of the Chief Electoral Officer that the contravention was not the result of any negligence or lack of good faith.

Failure to file statement

(8) Where the contravention referred to in a notice sent pursuant to subsection (5) is the failure to file the statement referred to in section 27, the time period referred to in the notice shall be five days.

Notice of deletion

(9) Where the Chief Electoral Officer has, pursuant to subsection 28(2), 30(1) or subsection (7) of this section, deleted a registered party from the registry referred to in subsection 24(1), the Chief Electoral Officer shall publish a notice of the deletion in the Canada Gazette and send a copy of the notice to the leader, to the chief agent and to all other officers of the party set out in the registry.

Return

(10) Where a registered party is deleted from the registry referred to in subsection 24(1), the chief agent shall, within six months following the publication of the notice referred to in subsection (9), transmit to the Chief Electoral Officer the return described in section 44 for the portion of the party's fiscal period that immediately preceded the deletion and for any other fiscal period for which the party has not filed a return and, as the case may be, the return described in section 46 in respect of each election the writ for which was issued before the deletion.

Duties of chief agent

(11) The chief agent of a registered party that is deleted from the registry referred to in subsection 24(1) shall, within three months after the expiration of the period referred to in subsection (10), provide for the transmittal of the return, liquidate the assets of the party, pay the debts of the party and remit any remaining balance to the Chief Electoral Officer who shall transmit that balance to the Receiver General or, where there is no balance remaining, so inform the Chief Electoral Officer by a notice in writing.

Compliance with subsection (11)

(12) Where the assets of a registered party are sold pursuant to subsection (11), the chief agent shall file in the form prescribed by the Chief Electoral Officer an accounting of the sale of those assets.

Contributions

(13) Where a registered party is deleted from the registry referred to in subsection 24(1), all contributions received between the date the notice referred to in subsection (9) is published and the date of the remittance of any balance to the Chief Electoral Officer pursuant to subsection (11) shall be included in the balance to be remitted to the Chief Electoral Officer.

Disposal of assets

(14) The chief agent of every registered party that is deleted from the registry referred to in subsection 24(1) is responsible for the disposal of the assets of the party and, if any of those assets are disposed of for less than market value, the chief agent is personally liable for the difference between the market value and any proceeds received from the disposal of the assets.

Effective date of deletion

(15) Where a registered party is deleted from the registry referred to in subsection 24(1), the deletion is effective on the date the Chief Electoral Officer receives the balance or the notice referred to in subsection (11). [R.S., 1985, c.E-2, s.31; 1993, c.19, s.19.]

Withdrawal of application

32. (1) An application for registration may be withdrawn at any time prior to the registration becoming effective by sending the Chief Electoral Officer a request to that effect signed by the leader of the party.

Idem

(2) Where an application is withdrawn pursuant to subsection (1), the Chief Electoral Officer shall be deemed to have informed the leader of the party that the party cannot be registered. [R.S., 1985, c.E-2, s.32; 1993, c.19, s.20.]

 

AGENTS, AUDITORS AND INCOME AND EXPENDITURES OF REGISTERED PARTIES

Registry of agents

33. (1) The Chief Electoral Officer shall maintain a registry of agents of registered parties in which shall be recorded the name and address of the chief agent of each registered party and the name and address of each other agent of each registered party.

Application for registration

(2) Every political party that makes application for registration pursuant to subsection 24(1) and whose leader is informed by the Chief Electoral Officer pursuant to paragraph 24(2)(a) that, on the nomination of fifty candidates in accordance with paragraph 24(3)(a) or (b), whichever is applicable, the party could be registered shall, within thirty days after being so informed, file with the Chief Electoral Officer a notification signed by the leader of the party or the chief agent of the party, setting out the names and addresses of all agents of the party other than the chief agent and, on registration of the political party, the information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection (1).

Electoral district agents

(3) An association or organization of the members of a registered party within an electoral district may choose a person or persons to be electoral district agents for the purposes of that registered party in that electoral district and may so notify the registered party who may forthwith notify the Chief Electoral Officer setting out the name and address of those persons and the information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection (1). [1973-74, c.51, s.4; 1977-78, c.3, s.10.]

Variation of registry

34. (1) Where

(a) any person whose name is recorded in the registry referred to in subsection 33(1) ceases to be an agent of the registered party in relation to which his name is recorded,

(b) a new chief agent of a registered party is appointed, or

(c) any additional agent of a registered party is appointed,

the chief agent of the party or, in a case where the chief agent of the party has ceased to hold that position or a new chief agent has been appointed, the leader of the party shall, within thirty days, notify the Chief Electoral Officer in writing and, on receipt of that notice, the Chief Electoral Officer shall vary the registry accordingly.

Appointment of new chief agent

(2) Where the position of chief agent of a registered party becomes vacant or the chief agent is unable ordinarily to perform the duties of chief agent, a new chief agent shall forthwith be appointed and the leader of the party shall, within thirty days after such appointment, file with the Chief Electoral Officer a notification of change of chief agent, signed by the leader of the party, setting out the name and address of the party's new chief agent and that information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection 33(1). [1973-74, c.51, s.4; 1977-78, c.3, s.10.]

Registration of electoral district agents

35. (1) Forthwith after his appointment, the chief agent of each registered party shall notify the Chief Electoral Officer of the name and address of any electoral district agents of the party and that information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection 33(1).

Variation of registry

(2) Where

(a) any person whose name is recorded in the registry referred to in subsection 33(1) ceases to be an electoral district agent of the registered party in relation to which his name is recorded, or

(b) any additional electoral district agent or agents of the registered party are appointed,

the chief agent of the registered party shall notify the Chief Electoral Officer by notice in writing and, on receipt of that notice, the Chief Electoral Officer shall vary the register accordingly.

Election officers ineligible as agents of registered party

(3) No returning officer, deputy returning officer or assistant returning officer, or the partner or clerk of any of them, and no person other than an elector is eligible to act as an agent for any registered party and, if any of those persons so acts, he is guilty of an illegal practice and of an offence.

Agent may be a corporation

(4) Notwithstanding subsection (3), a corporation incorporated under the laws of Canada or a province may act as an agent of a registered party. [1973-74, c.51, s.4; 1977-78, c.3, s.10.]

Contributions and payments to be made through agent only

36. (1) Subject to section 38,

(a) all money provided by an individual other than the candidate or by a corporation, trade union, unincorporated organization or association, whether as a loan, advance, deposit, contribution, gift or otherwise, shall be paid on his or its own behalf out of moneys to which he or it is beneficially entitled to a registered agent of the party, and where the registered agent of a party cannot determine the class of the donor as described in paragraph 44(2)(a) and the name of the donor as referred to in paragraph 44(2)(b), he shall forthwith pay to the Receiver General, by a cheque, money order or the like made payable to the Receiver General and forwarded to the Chief Electoral Officer, an amount of money equal to the amount so received; and

(b) no payment shall be made by or on behalf of a registered party otherwise than by or through a registered agent of the party.

Offence

(2) Every person who provides any money in contravention of paragraph (1)(a) or makes any payment in contravention of paragraph (1)(b) is guilty of an offence.

Bill of particulars

(3) Every payment made by or through a registered agent in respect of any expenses of a registered party shall, except where the payment is less than twenty-five dollars, be vouched for by a bill stating the particulars and by proof of payment.

Claims to be sent within three months or rights barred

(4) Every person who issues a bill to or makes any charge or claim on a registered party shall send the bill, charge or claim to the party or to a registered agent thereof within three months after the day on which the bill, charge or claim was issued or made and, if he does not do so, the right of that person to recover the amount of the bill, charge or claim or any part thereof shall be barred.

Death of claimant

(5) In the event of the death, within the three months referred to in subsection (4), of any person claiming the amount of any bill, charge or claim referred to in that subsection, the legal representative of the person shall send the bill, charge or claim to the registered party or to a registered agent thereof within three months after the representative obtains probate or letters of administration or otherwise becomes entitled to act as legal representative and, if the representative does not do so, the right to recover the amount of the bill, charge or claim or any part thereof shall be barred. [1973-74, c.51, s.4; 1977-78, c.3, s.10.]

Payment within six months

37. (1) All bills, charges or claims incurred by or on behalf of a registered party shall be paid within six months after the day on which the amount of the bill, charge or claim became payable.

Action for recovery in claims deemed disputed

(2) Where a registered agent, in the case of any claim sent in to him or to the registered party within the time limited by this Act, disputes it or refuses or fails to pay within the six months referred to in subsection (1), the claim shall be deemed to be a disputed claim and the claimant may, if he thinks fit, bring an action to recover the claim in any competent court.

Payment in pursuance of judgment deemed exception

(3) Any sum paid by a registered agent pursuant to a judgment or order of a court made in respect of an action brought pursuant to subsection (2) shall be deemed to be paid within the time limited by this Act. [1973-74, c.51, s.4.]

Petty expenses

38. (1) Any person may, if so authorized in writing by a registered agent, pay any necessary expenses for stationery, postage, telegrams and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by a registered agent.

Statement of particulars and proof of payment

(2) A statement of the particulars of payments made by any person authorized to make payments pursuant to subsection (1) shall be sent to a registered agent within the time limited by this Act for the sending in of claims and shall be vouched for by a bill containing the proof of payment by that person. [1973-74, c.51, s.4; 1977-78, c.3, s.10.]

Limitation of expenses of registered parties

39. (1) The chief agent of any registered party that, through registered agents acting within the scope of their authority or other persons acting on behalf of the registered party with the actual knowledge and consent of an officer thereof, incurs election expenses on account of or in respect of the conduct or management of an election that exceed in the aggregate the product obtained by multiplying

(a) the product obtained by multiplying thirty cents by the number of names appearing on all preliminary lists of electors at the election for the electoral districts in which there is an official candidate who has the endorsement of the party,

by

(b) the fraction published by the Chief Electoral Officer pursuant to subsection (2) that is in effect on the date of the issue of the writ for the election

is guilty of an offence.

Chief Electoral Officer to publish fraction

(2) Before April 1 of each calendar year, the Chief Electoral Officer shall publish in the Canada Gazette a fraction as determined under subsection (3), which fraction shall be in effect for the period beginning April 1 of the calendar year in which the fraction is published and ending March 31 of the calendar year next following.

Fraction

(3) The fraction determined under this subsection is the fraction of which

(a) the numerator is the average of the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the twelve month period ending December 31 of the year immediately preceding the calendar year during which the fraction is to commence to be in effect, calculated on the basis of 1981 being equal to 100; and

(b) the denominator is 88.9, being the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1980 calculated on the basis of 1981 being equal to 100. [1973-74, c.51, s.4; 1980-81-82-83, c.164, s.2.]

Amounts not included in election expenses

40. (1) In determining, for the purposes of section 39, the amount of election expenses incurred by a registered party on account of or in respect of the conduct or management of an election, there shall not be included any amount in respect of contributions or gifts made by or on behalf of the registered party for the use of candidates at the election.

Offence by registered party

(2) Where an offence is committed under subsection 39(1) by the chief agent of a registered party, the registered party is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars. [1973-74, c.51, s.4.]

Publication of preliminary lists

41. The Chief Electoral Officer shall, not later than the twenty-fourth day before polling day, determine the number of names appearing on all preliminary lists of electors for each electoral district and shall thereupon cause the information so determined to be published in the Canada Gazette. [1973-74, c.51, s.4; 1980-81-82-83, c.96, s.4.]

 

Auditor

42. (1) Where an auditor of a registered party ceases for any reason to hold that office, ceases to be qualified as an auditor or becomes ineligible as provided in subsection (2), the party shall, within thirty days, appoint another auditor.

Persons not eligible

(2) No returning officer, deputy returning officer or assistant returning officer and no candidate, official agent of a candidate or registered agent of a registered party is eligible to act as the auditor for a registered party and, if any of those persons so acts, he is guilty of an offence. [1973-74, c.51, s.4; 1977-78, c.3, s.11; 1980-81-82-83, c.164, s.3.]

Auditor's report

43. (1) The auditor appointed by a registered party shall make a report to the chief agent of the party on each return of receipts and expenses of the party for a fiscal period and on each return in respect of election expenses of the party prepared during his term of office and shall make such examinations as will enable him to state in his report whether in his opinion the return presents fairly the information contained in the accounting records on which the return is based.

Where statement required

(2) An auditor, in his report pursuant to subsection (1), shall make such statements as he considers necessary in any case where

(a) the return to which the report relates does not present fairly the information contained in the accounting records on which it is based;

(b) he has not received from registered agents and officers of the party all the information and explanation that he has required; or

(c) proper accounting records have not been kept by the registered party, in so far as appears from his examination.

Right of access

(3) An auditor of a registered party shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the party, and is entitled to require from the registered agents and officers of the party such information and explanation as in his opinion may be necessary to enable him to report as required by subsection (1). [1973-74, c.51, s.4.]

Return of receipts and expenses for fiscal period

44. (1) The chief agent of a registered party shall transmit to the Chief Electoral Officer, in respect of each fiscal period of the party, a return of the party's receipts and expenses, other than election expenses in relation to a general election, for the fiscal period, substantially in a form prescribed by the Chief Electoral Officer, and the auditor's report made to the chief agent under subsection 43(1) in respect thereof.

Contents of return

(2) A return referred to in subsection (1) shall set out

(a) the amount of money and the commercial value of goods and services provided for the use of the party by way of loan, advance, deposit, contribution or gift in the fiscal period by each of the following classes of donors, namely, individuals, businesses, commercial organizations, governments, trade unions, corporations without share capital other than trade unions, and unincorporated organizations or associations other than trade unions, and the number of donors in each class;

(b) the name of each individual, business, commercial organization, trade union, corporation without share capital other than a trade union, unincorporated organization and association, listed according to the classes of donors referred to in paragraph (a), that made a loan, advance, deposit, contribution or gift in the fiscal period for the use of the party the amount of which exceeded one hundred dollars or that made loans, advances, deposits, contributions or gifts in the fiscal period for the use of the party the aggregate of which exceeded one hundred dollars, and in each case the amount of the loan, advance, deposit, contribution or gift or of the aggregate of the loans, advances, deposits, contributions or gifts made by him or it in the fiscal period;

(c) the amounts of money expended on operating expenses of the party, including travel costs of the leader of the party and other party officials; and

(d) the total of all other expenditures, other than election expenses in relation to a general election, made by or on behalf of the party.

Return to be transmitted to Chief Electoral Officer

(3) A return referred to in subsection (1) shall be transmitted to the Chief Electoral Officer, together with the auditor's report referred to in subsection (1), within six months after the end of the fiscal period to which the return relates. [1973-74, c.51, s.4; 1980-81-82-83, c.164, s.4.]

Gifts or contributions through local associations

45. (1) Where a loan, advance, deposit, contribution or gift for the use of a registered party is made by any local association of a political party, the return referred to in subsection 44(1) in respect of the registered party shall, if the amount or value of the loan, advance, deposit, contribution or gift exceeds one hundred dollars, include

(a) the name of each individual, business, commercial organization, government, trade union, corporation without share capital other than a trade union, unincorporated organization or association whose loan, advance, deposit, contribution or gift to any local association exceeded one hundred dollars and was comprised in the loan, advance, deposit, contribution or gift by any local association for the use of the registered party; and

(b) the amount or value of the loan, advance, deposit, contribution or gift by each individual, business, commercial organization, government, trade union, corporation without share capital other than a trade union, unincorporated organization or association referred to in paragraph (a).

Idem

(2) Where, in circumstances in which subsection (1) applies, any of the donors whose loans, advances, deposits, contributions or gifts to the local association exceeded one hundred dollars and were comprised in the loan, advance, deposit, contribution or gift by the local association for the use of the registered party cannot be identified, the return referred to in subsection 44(1) in respect of the registered party shall include information with respect to each individual, business, commercial organization, government, corporation without share capital other than a trade union, unincorporated organization or association that made a loan, advance, deposit, contribution or gift to the local association that exceeded one hundred dollars in the fiscal period of the registered party to which the return relates as if those loans, advances, deposits, contributions or gifts had been contributions or gifts for the use of the registered party. [1973-74, c.51, s.4; 1977-78, c.3, s.12; 1980-81-82-83, c.164, s.4.]

Return in respect of election expenses

46. (1) The chief agent of a registered party shall transmit to the Chief Electoral Officer, in respect of each general election, a return in respect of election expenses incurred by or on behalf of the party in relation to the election, substantially in a form prescribed by the Chief Electoral Officer, and the auditor's report made to the chief agent under subsection 43(1) in respect thereof.

Contents of return and when to be transmitted

(2) A return referred to in subsection (1) shall set out the amount of money expended by or on behalf of the party on election expenses and the commercial value of goods and services used for election purposes and shall be transmitted to the Chief Electoral Officer, together with the auditor's report referred to in subsection (1), within six months after polling day at the election to which it relates. [1973-74, c.51, s.4; 1977-78, c.3, s.13.]

Offence

47. (1) A chief agent who

(a) fails to transmit to the Chief Electoral Officer an auditor's report and return within the time limited by section 44 or 46,

(b) transmits to the Chief Electoral Officer a return referred to in paragraph (a) that he knows or ought reasonably to know contains any false or deceptive statement, or

(c) transmits to the Chief Electoral Officer a return referred to in paragraph (a) that does not contain substantially the information required by subsection 44(2) or 46(2) to be set out therein,

is guilty of an offence.

Offence by registered party

(2) Where an offence is committed under subsection (1) by the chief agent of a registered party, the registered party is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars. [1973-74, c.51, s.4.]

Offence

48. (1) Every registered party or every party whose application for registration has been accepted by the Chief Electoral Officer but has yet to have effect, that, through any person acting on its behalf,

(a) between the date of the issue of the writ for an election and Sunday, the twenty-ninth day before polling day, or on polling day or the one day immediately preceding polling day, advertises on the facilities of any broadcasting undertaking,

(b) procures for publication or acquiesces in the publication, during the period described in paragraph (a) or on polling day or the one day preceding polling day, of an advertisement in a periodical publication, or

(c) between the date of the issue of the writ for an election and polling day, or on polling day, procures for publication or acquiesces in the publication in a government publication of material that promotes or opposes a particular registered party or a particular candidate

for the purpose of promoting or opposing a particular registered party or the election of a particular candidate is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.

Interpretation

(2) For the purposes of subsection (1), a notice of a meeting to be held for the principal purpose of nominating a candidate at an election shall be deemed not to be an advertisement for the purpose of promoting or opposing a particular registered party or the election of a particular candidate.

Idem

(3) For the purpose of subsection (1), a notice of a function, meeting or other event that the leader of a registered party intends to attend or a notice of invitation to meet or hear the leader of a registered party at a specific place shall be deemed not to be an advertisement for the purpose of promoting or opposing a particular registered party or the election of a particular candidate. [R.S., 1985, c.E-2, s.48; 1993, c.19, s.21.]

Prosecution

49. For the purposes of any prosecution brought against a registered party or a party in the process of applying for registration under this Act, the party is deemed to be a person and any act or thing done or omitted by an officer, chief agent or other registered agent of a party within the scope of that person's authority to act is deemed to be an act or thing done or omitted by that party. [R.S., 1985, c.E-2, s.49; 1993, c.19, s.22.]

 

 

 

Limitation of election expenses

208. (1) Every candidate who, directly or through his official agent or any other person acting on his behalf, incurs election expenses on account of or in respect of the conduct or management of the election that exceed in the aggregate the maximum election expenses in respect of the electoral district in which he is a candidate is guilty of

(a) where the election expenses were wilfully incurred or caused to be incurred by the candidate, an illegal practice and an offence; or

(b) in any other case, an offence.

Idem

(2) Every official agent who, acting on behalf of a candidate, incurs election expenses on account of or in respect of the conduct or management of the election that exceed in the aggregate the maximum election expenses in respect of the electoral district in which the candidate is a candidate is guilty of

(a) where the election expenses were wilfully incurred or caused to be incurred by the official agent, an illegal practice and an offence; or

(b) in any other case, an offence.

Definition of "maximum election expenses"

(3) For the purposes of subsections (1) and (2), "maximum election expenses" means the product obtained by multiplying

(a) the amount determined under subsection 210(1), calculated, where applicable, with reference to subsections 210(2) and (3),

by

(b) the fraction published by the Chief Electoral Officer pursuant to subsection 211(1) that is in effect on the date of the issue of the writ for the election. [1973-74, c.51, s.7; 1977-78, c.3, s.40; 1980-81-82-83, c.164, s.8.]

Expenses not included in election expenses

209. In determining, for the purposes of sections 208 and 210 to 212, the amount of election expenses incurred by a candidate directly or through his official agent or any other person acting on his behalf, there shall not be included any amount in respect of the candidate's personal expenses. [1973-74, c.51, s.7; 1980-81-82-83, c.164, s.8.]

Determination of amount

210. (1) Subject to subsections (2) and (3), the amount determined under this subsection in respect of an electoral district is the aggregate of

(a) one dollar for each of the first fifteen thousand names appearing on the preliminary lists of electors for the electoral district;

(b) fifty cents for each name in excess of fifteen thousand but not in excess of twenty-five thousand appearing on the preliminary lists of electors for the electoral district; and

(c) twenty-five cents for each name in excess of twenty-five thousand appearing on the preliminary lists of electors for the electoral district.

Additional amount for large districts

(2) Where an electoral district has on average less than ten electors, calculated on the basis of the number of names of electors on the preliminary lists of electors, in each square kilometre in the electoral district, the amount determined under subsection (1) for that electoral district shall be deemed to be the aggregate of

(a) the amount determined under subsection (1) calculated without reference to this subsection and subsection (3), and

(b) fifteen cents for each such square kilometre,

but in no case shall the amount referred to in paragraph (b) exceed twenty-five per cent of the amount referred to in paragraph (a).

Amount where candidate dies

(3) Where a candidate for an electoral district dies after the close of nominations but before the closing of the polls, the amount determined under subsection (1) for that electoral district calculated, where applicable, with reference to subsection (2), is deemed to be one and one-half times that amount. [1980-81-82-83, c.164, s.8.]

Chief Electoral Officer to publish fraction

211. (1) Before April 1 of each calendar year, the Chief Electoral Officer shall publish in the Canada Gazette a fraction as determined under subsection (2), which fraction shall be in effect for the period commencing April 1 of the calendar year in which the fraction is published and ending March 31 of the calendar year next following.

Fraction

(2) The fraction determined under this subsection is the fraction of which

(a) the numerator is the average of the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the twelve month period ending December 31 of the year immediately preceding the calendar year during which the fraction is to commence to be in effect, calculated on the basis of 1981 being equal to 100; and

(b) the denominator is 88.9, being the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1980, calculated on the basis of 1981 being equal to 100. [1980-81-82-83, c.164, s.8.]

Where number of electors is less than the average

212. (1) For the purposes of subsection 210(1), where

(a) in a general election the number of names appearing on the preliminary lists of electors for an electoral district is less than the average number of names appearing on the preliminary lists of electors for all electoral districts in that general election, or

(b) in a by-election the number of names appearing on the preliminary lists of electors for an electoral district is less than the average number of names appearing on the preliminary lists of electors for all electoral districts in the immediately preceding general election,

the number of names appearing on the preliminary lists of electors for that electoral district shall be deemed to be equal to the aggregate of

(c) the number of names appearing on the preliminary lists of electors for that electoral district, and

(d) one-half of the difference between the average number of names appearing on the preliminary list of electors for all electoral districts in that general election or the immediately preceding general election, as the case may be, and the number of names appearing on the preliminary lists of electors for that electoral district.

Exception

(2) Subsection 208(1) does not apply to a candidate for an electoral district where the Governor in Council orders the withdrawal of the writ of election for the electoral district or the writ is deemed to be withdrawn if the preparation of the preliminary lists of electors for the electoral district has not been completed on the day that notice of the withdrawal of the writ or notice that the writ is deemed to have been withdrawn is published in the Canada Gazette. [1977-78, c.3, s.40; 1980-81-82-83, c.164, s.8.]


NOTE: Section 213.(1) has no force or effect. It was ruled unconstitutional because it violates sections 2(b) and 2(d) of the Canadian Charter of Rights and Freedoms. (Alberta Court of Appeal, #14396, 1996)


Offence

213. (1) Any person is guilty of an offence who, for the purpose of promoting or opposing a particular registered party or the election of a particular candidate, directly or indirectly,

(a) between the date of the issue of the writ and Sunday, the twenty-ninth day before polling day, the one day immediately preceding polling day or on polling day, advertises on the facilities of any broadcasting undertaking; or

(b) procures for publication or acquiesces in the publication, during the period described in paragraph (a), on the one day preceding polling day or on polling day of an advertisement in a periodical publication.

Interpretation

(2) For the purposes of subsection (1), a notice of a meeting to be held for the principal purpose of nominating a candidate at an election shall be deemed not to be an advertisement for the purpose of promoting or opposing a particular registered party or the election of a particular candidate. [R.S., 1985, c.E-2, s.213; 1993, c.19, s.106.]

Maximums for notices

214. (1) The amount that may be spent for notices of meetings to be held for the principal purpose of nominating a candidate in any electoral district is

(a) one per cent of the amount of election expenses a candidate was entitled to spend in that electoral district at the immediately preceding general election; or

(b) where the boundaries of the electoral district have changed since the immediately preceding general election, one per cent of an amount determined by the Chief Electoral Officer for that electoral district.

Offence

(2) Every person who incurs or causes to be incurred expenses on account of notices referred to in subsection (1) in excess of the amount determined under that subsection is guilty of an offence. [1973-74, c.51, s.7; 1980-81-82-83, c.164, s.9.]

Manner of appointing official agent

215. (1) Subject to subsection (2), an individual becomes an official agent under this Act by providing the person appointing him with a declaration, signed by the individual, that the individual has accepted to act as official agent.

Eligibility

(2) To be eligible to be an official agent, an individual must be capable of entering into contracts in the province in which is located the electoral district of the person appointing him as an official agent.

Publication of names, etc.

(3) Every returning officer shall publish in the Notice of Grant of a Poll issued pursuant to section 93 the name, address and occupation of every individual appointed official agent in the manner set out in subsection (1) and named in declarations filed pursuant to paragraph 81(1)(k).

Case of death or legal incapacity of official agent

(4) In the event of the death or legal incapacity of any official agent, the candidate shall forthwith appoint another official agent and provide the returning officer with a declaration similar to the declaration referred to in paragraph 81(1)(k) and the declaration of the new official agent pursuant to subsection (1).

Persons ineligible as official agents

(5) No returning officer, deputy returning officer or assistant returning officer, or the partner or clerk of any of them, and no candidate, is eligible to act as the official agent for any candidate in the management or conduct of his election and any of those persons who so acts is guilty of an illegal practice and of an offence. [R.S., c.14 (1st Supp.), s.62; 1977-78, c.3, ss. 41, 64; 1980-81-82-83, c.164, s.10.]

Accounts

216. (1) Every official agent shall maintain, under his own name, in

(a) any bank,                    

(b) any credit union, caisse populaire or other cooperative credit society,

(c) a company within the meaning of the Trust and Loan Companies Act or a company, society or provincial company within the meaning of the Insurance Companies Act, or

(d) any Province of Alberta Treasury Branch established pursuant to The Treasury Branches Act as enacted by the Legislature of the Province of Alberta,

an account to which he shall deposit all money described in paragraph 217(1)(b) and from which he shall make all payments, advances or deposits described in paragraph 217(1)(a).

Account kept separate

(2) No official agent shall deposit in the account required by this section to be kept by him any money other than money described in paragraph 217(1)(b) or make any payment, advance or deposit therefrom for any purpose other than on account of or in respect of the conduct or management of the election with respect to which money was deposited in the account. [R.S., 1985, c.E-2, s.216; 1991, c.47, s.726; 1992, c.1, s.142.]

Payment to be made through official agent only

217. (1) Subject to this section and sections 216 and 218 to 225,

(a) no payment and no advance or deposit shall be made before, during or after an election by a candidate or by any agent on behalf of a candidate or by any other person, in respect of any expenses incurred on account of or in respect of the conduct or management of the election, otherwise than by or through the official agent of the candidate; and

(b) all money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of an election, whether as a contribution, gift, loan, advance, deposit or otherwise, shall be paid on the person's own behalf out of moneys to which he is beneficially entitled to the official agent and not otherwise.

Limitation

(2) Subsection (1) shall be deemed not to apply to any payment by a candidate for his personal expenses.

Offence                      

(3) Every person who makes any payment, advance or deposit in contravention of subsection (1) or (4) or pays in contravention thereof any money so provided is guilty of an illegal practice and of an offence.

Payment to Receiver General

(4) Where an official agent cannot determine the class of the donor as described in paragraph 228(e) and the name of the donor as referred to in paragraph 228(f), he shall forthwith pay to the Receiver General, by a cheque, money order or the like made payable to the Receiver General and forwarded to the Chief Electoral Officer, an amount of money equal to the amount so received. [R.S., c.14 (1st Supp.), s.62; 1977-78, c.3, s.41; 1980-81-82-83, c.164, s.10.]

Political contributions

217.1 (1) No person or registered party shall accept or use contributions from

(a) a person who is not a Canadian citizen or a permanent resident within the meaning of the Immigration 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) any foreign political party; or

(e) a foreign government or an agent of a foreign government.

Non-compliance

(2) Each financial agent shall remit to the Chief Electoral Officer, for the Receiver General, any contribution that does not comply with subsection (1) and that cannot be returned to the contributor. [1993, c.19, s.107.]

Prescribed forms for candidates and official agents

218. (1) The Chief Electoral Officer shall prescribe forms for use by official agents and candidates for the following purposes:

(a) for recording information with respect to expenses and claims referred to in paragraphs 228(a) to (d),

(b) for recording information with respect to amounts of money and the commercial value of goods or services provided by way of loan, advance, deposit, contribution or gift as described in paragraphs 228(e) and (f),

(c) for use as an official receipt to be issued by official agents on behalf of candidates to donors referred to in paragraphs 228(e) and (f) for the purpose of subsection 127(3) of the Income Tax Act, and

(d) for recording information with respect to the expenses referred to in subsection 224(2),

and every candidate and official agent shall use those forms, and no others, for the purposes for which they are prescribed.

Compliance with Income Tax Act

(2) A form prescribed by the Chief Electoral Officer pursuant to paragraph (1)(c) shall provide for the inclusion therein by the official agent of such information as is prescribed under subsection 127(3) of the Income Tax Act. [1977-78, c.3, s.41; 1980-81-82-83, c.164, s.10.]

Chief Electoral Officer to supply forms

219. (1) The Chief Electoral Officer shall cause to be printed a sufficient supply of the forms prescribed by him pursuant to subsection 218(1) and he shall transmit to each returning officer such number of copies of each form as he considers the returning officer will require for the candidates in the returning officer's electoral district.

Returning officer to supply forms

(2) A returning officer shall, subject to subsection (3), issue to each candidate in his electoral district such number of copies of each form as he considers the candidate will require and such further number as the candidate may request, but all copies of the form described in paragraph 218(1)(c) that are not used by the candidate for the purposes of the election shall be returned to the returning officer not later than one month after polling day.

Designation of forms

(3) The Chief Electoral Officer may designate which of the forms transmitted by him to each returning officer may be issued only to the official agent of an officially nominated candidate. [1977-78, c.3, s.41; 1980-81-82-83, c.164, s.10.]

Where contract enforceable against candidate

220. A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election is not enforceable against a candidate unless made by the candidate himself or by his official agent or by a sub-agent of the official agent thereto authorized in writing, but inability to enforce the contract against the candidate does not relieve him from the consequences of any corrupt or illegal practice that has been committed by his agent. [R.S., c.14 (1st Supp.), s.62.]

Bill of particulars

221. (1) Every payment made by or through an official agent in respect of any expenses incurred on account of or in respect of the conduct or management of an election shall, except where less than twenty-five dollars, be vouched for by a bill stating the particulars and by proof of payment.

Claims to be sent in within three months, or rights to be barred

(2) Every person who has any bill, charge or claim on any candidate for or in relation to any election shall send in the bill, charge or claim within

(a) three months after polling day at the election, or

(b) where the writ issued for the electoral district for which the candidate was nominated is withdrawn or deemed to be withdrawn, three months after publication in the Canada Gazette of notice that the writ has been or is deemed to have been withdrawn,

to the official agent of the candidate or, if that agent is dead or legally incapable, to the candidate in person and, if he does not do so, that person shall be barred of the right to recover the bill, charge or claim or any part thereof.

Offence

(3) Subject to such exceptions as may be allowed pursuant to this Act, an official agent who pays a claim in contravention of this section or any of sections 216 to 220 and 222 to 225 is guilty of an illegal practice and of an offence.

Death of claimant

(4) In the event of the death, within the three months referred to in subsection (2), of any person claiming the amount of any bill, charge or claim referred to in that subsection, the legal representative of the person shall send in the bill, charge or claim within one month after obtaining probate or letters of administration, or of becoming otherwise able to act as legal representative and, if that person does not do so, the right to recover the bill, charge or claim or any part thereof shall be barred. [R.S., c.14 (1st Supp.), s.62; 1977-78, c.3, s.41.]

Payment within four months

222. (1) All expenses incurred by or on behalf of a candidate on account of or in respect of the conduct or management of an election shall be paid within

(a) four months after polling day at the election, or

(b) where the writ issued for the electoral district for which the candidate was nominated is withdrawn or deemed to be withdrawn, four months after publication in the Canada Gazette of notice that the writ has been or is deemed to have been withdrawn,

and not otherwise, and, subject to such exception as may be allowed pursuant to this Act, an official agent who makes a payment in contravention of this provision is guilty of an illegal practice and of an offence.

Payment of lawful claims sent in after time prescribed

(2) Notwithstanding anything in this section and section 221, where cause is at any time shown to the satisfaction of a judge competent to recount the votes given at an election, that judge, on application by the claimant or by the candidate or his official agent, may, by order, give leave for the payment by a candidate through his official agent of a disputed claim or of a claim for any election expenses sent in after the time mentioned in section 221 for sending in claims, or sent in to the candidate and not to the official agent.

Election not void in certain cases

(3) Where an election court reports that it has been proved by a candidate that any payment made by an official agent in contravention of this section or any of sections 216 to 221 and 223 to 225 was made without the sanction or connivance of the candidate, the election of the candidate is not void nor is he subject to any incapacity by reason only of the payment having been made in contravention of any of those provisions. [R.S., c.14 (1st Supp.), s.62; 1977-78, c.3, s.41.]

Action for recovery in claims deemed disputed

223. (1) Where an official agent, in the case of any claim sent in to him within the time limited by this Act, disputes it or refuses or fails to pay it within the time specified for payment thereof by subsection 222(1), the claim shall be deemed to be a disputed claim and the claimant may, if he thinks fit, bring an action to recover the claim in any competent court.

Payment in pursuance of judgment deemed exception

(2) Any sum paid by a candidate or his agent pursuant to a judgment or order of a court made in respect of an action brought pursuant to subsection (1) shall be deemed to be paid within the time limited by this Act and to be an exception to the provisions of this Act requiring claims to be paid by the official agent. [R.S., c.14 (1st Supp.), s.62; 1977-78, c.3, s.41.]

Candidate's personal expenses

224. (1) A candidate may pay any personal expenses incurred by him.

Statement of personal expenses

(2) Each candidate shall send to his official agent within the time limited by this Act for sending in claims a written statement setting out the amount of personal expenses paid by the candidate and details of those expenses.

Candidate dies

(3) Where a candidate dies before the expiration of the time referred to in subsection (2) and before sending to his official agent the written statement described in that subsection, that subsection does not apply in respect of the candidate. [R.S., c.14 (1st Supp.), s.62; 1977-78, c.3, s.41; 1980-81-82-83, c.164, s.10.]

Petty expenses

225. (1) Any person may, if so authorized in writing, by an official agent, pay any necessary expenses for stationery, postage, telegrams and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the official agent.

Statement of particulars and vouchers

(2) A statement of the particulars of payments made by any person authorized to make payments pursuant to subsection (1) shall be sent to the official agent within the time limited by this Act for the sending in of claims and shall be vouched for by a bill containing the proof of payment by that person. [R.S., c.14 (1st Supp.), s.62; 1977-78, c.3, s.41.]

Appointment of auditor

226. (1) Every candidate shall, at the time of appointment of his official agent, appoint an auditor.

Idem

(2) Where an auditor appointed by a candidate pursuant to subsection (1) ceases for any reason to hold office as such or becomes ineligible as provided in subsection (3), the candidate shall forthwith appoint another auditor.

Persons not eligible

(3) No returning officer, deputy returning officer or assistant returning officer and no candidate, official agent of a candidate or registered agent of a registered party is eligible

(a) to act as the auditor for a candidate, or

(b) if he is a partner of the auditor for a candidate or an employee of the auditor for a candidate or of a firm with which such an auditor is associated, to participate in the examination or preparation of an auditor's report pursuant to this section, other than as provided in subsection 227(3),

and any person who contravenes this subsection is guilty of an offence. [1973-74, c.51, s.8; 1977-78, c.3, s.42.]

Auditor's report

227. (1) The auditor appointed by a candidate shall make a report to the official agent of the candidate on the return respecting election expenses prepared by or on behalf of the candidate and shall make such examinations as will enable him to state in his report whether in his opinion the return presents fairly the financial transactions contained in the books and records of the candidate.

Where statement required

(2) An auditor, in his report pursuant to subsection (1), shall make such statements as he considers necessary in any case where

(a) the return to which the report relates does not present fairly the financial transactions required by section 228 to be detailed in the candidate's return;

(b) he has not received from the official agent of the candidate and the candidate all the information and explanation that he has required; or

(c) proper accounting records have not been kept by the official agent of the candidate in so far as appears from his examination.

Right of access

(3) An auditor appointed by a candidate shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the official agent of the candidate and of the candidate relating to the election, and is entitled to require from the official agent of the candidate and the candidate such information and explanation as in his opinion may be necessary to enable him to report as required by subsection (1). [1973-74, c.51, s.8; 1977-78, c.3, s.42; 1980-81-82-83, c.164, s.11.]

Auditor's report and return of election expenses by official agent

228. Within four months after polling day at an election or, where the writ issued for the electoral district for which the candidate was nominated is withdrawn or deemed to be withdrawn, within four months after publication in the Canada Gazette of notice that the writ has been or is deemed to have been withdrawn, the official agent of every candidate shall transmit to the returning officer the auditor's report made to him pursuant to subsection 227(1) and a true signed return substantially in the prescribed form, in this Act referred to as a "return respecting election expenses", containing detailed statements in respect of that candidate of

(a) all election expenses incurred together with all vouchers and receipts relating to those expenses, which vouchers and receipts are in this Act included in the expression "return respecting election expenses";

(b) the amount of personal expenses, if any, paid by the candidate;

(c) the disputed claims, in so far as the official agent is aware;

(d) the unpaid claims, if any, in respect of which application has been or is about to be made pursuant to subsection 222(2), in so far as the official agent is aware;

(e) the amount of money and the commercial value of goods or services provided for the use of the candidate by way of loan, advance, deposit, contribution or gift by each of the following classes of donors, namely, individuals, businesses, commercial organizations, governments, trade unions, corporations without share capital other than trade unions, and unincorporated organizations or associations other than trade unions, and the number of donors in each of those classes; and

(f) the name of each individual, business, commercial organization, government, trade union, corporation without share capital other than a trade union, unincorporated organization and association, listed according to the classes of donors referred to in paragraph (e), that made a loan, advance, deposit, contribution or gift for the use of the candidate the amount of which exceeded one hundred dollars or that made loans, advances, deposits, contributions or gifts for the use of the candidate the aggregate of which exceeded one hundred dollars and in each case the amount of the loan, advance, deposit, contribution or gift or of the aggregate of the loans, advances, deposits, contributions or gifts made by him or it. [R.S., c.14 (1st Supp.), s.63; 1973-74, c.51, s.9; 1977-78, c.3, s.43; 1980-81-82-83, c.164, s.12.]

Gifts or contributions through local associations

229. (1) Where a contribution for the use of a candidate is made by any local association of a political party, whether registered or otherwise, the return referred to in section 228 in respect of the candidate shall, if the amount or value of the contribution exceeds one hundred dollars, include the name of each donor whose contribution, or the aggregate of whose contributions to the local association, exceeded one hundred dollars and was comprised in whole or in part in the contribution by the local association for the use of the candidate and the amount or value of the contribution or of the aggregate of those contributions, as the case may be, by each of those donors.

Idem

(2) Where, in circumstances in which subsection (1) applies, any of the donors whose contributions to the local association were comprised in whole or in part in the contribution by the local association for the use of the candidate cannot be identified, the return referred to in section 228 in respect of the candidate shall include information with respect to each donor that made a contribution to the local association, since the election preceding the election to which the return relates, that exceeded, or that made contributions to the local association during that period the aggregate of which exceeded, one hundred dollars, as if those contributions had been contributions for the use of the candidate.

Definitions

(3) In subsections (1) and (2),

"contribution"
«contribution»

includes a loan, advance, deposit and gift;

"donor"
«donateur»

means any donor who falls within the classes of donors referred to in paragraph 228(e).

Vouchers and declaration

(4) Each return transmitted pursuant to section 228 shall include all bills and vouchers relative thereto and be accompanied by a declaration made by the official agent in the prescribed form, in this Act referred to as a "declaration respecting election expenses". [R.S., c.14 (1st Supp.), s.63; 1973-74, c.51, s.9; 1977-78, c.3, s.43.]

Candidate's declaration respecting election expenses

230. (1) Within four months after polling day at an election, each candidate shall transmit or cause to be transmitted to the returning officer a declaration respecting the candidate's election expenses made by the candidate in the prescribed form, in this Act referred to as a "declaration respecting election expenses".

Where candidate dies

(2) Where a candidate dies before the expiration of the four months referred to in subsection (1) and before he has transmitted or caused to be transmitted to the returning officer his declaration respecting election expenses,

(a) if the candidate dies before the close of nominations, subsection (1) does not apply in respect of that candidate; and

(b) if the candidate dies after the close of nominations,

(i) he shall be deemed to have transmitted the declaration to the returning officer as required by subsection (1),

(ii) the returning officer shall be deemed to have transmitted the declaration to the Chief Electoral Officer as required by subsection 235(4), and

(iii) the Chief Electoral Officer shall be deemed to have received the declaration for the purposes of sections 242 and 244. [R.S., c.14 (1st Supp.), s.63; 1977-78, c.3, s.43.]

Supplementary return in certain cases

231. (1) Where, by reason of the death of a creditor, no bill has been sent in within the four months referred to in section 228, the official agent shall, within one month after the bill has been sent in to him, as fully as possible, comply with sections 228 to 230 and 232 to 240 by means of a supplementary return respecting election expenses.

Idem

(2) Where a judge has approved a payment pursuant to subsection 222(2) of which the official agent is aware, the official agent shall, within one week after the approval, comply with sections 228 to 230 and 232 to 240 as fully as possible by means of a supplementary return respecting election expenses. [R.S., c.14 (1st Supp.), s.63; 1977-78, c.3, s.43.]

Payment of excess contributions

232. Where the aggregate of all money received by

(a) an official agent of a candidate pursuant to paragraph 217(1)(b),

(b) the official agent pursuant to sections 241 to 247, and

(c) the candidate as a refund under this Act of the deposit made by him pursuant to paragraph 81(1)(j),

is in excess of the amount required by the candidate to pay the aggregate of the deposit referred to in paragraph 81(1)(j) and

(d) election expenses and all other reasonable expenses incidental to the election,

(e) personal expenses,

(f) auditor's fees in excess of the amount paid under paragraph 243(4)(b) or subsection 244(2), and

(g) costs with respect to a recount pursuant to subsection 171(1) or sections 176 to 184 of the votes cast in his electoral district, to the extent that the costs exceed any amount paid to the candidate by the Receiver General pursuant to subsection 171(5),

incurred by him in relation to the election, the amount of the excess shall be paid by the official agent,

(h) where the political affiliation of the candidate was shown on the ballot paper as a registered party, to any local organization or association of members of the party in the electoral district of the candidate or to the registered agent of the party, or

(i) in any other case, to the Receiver General,

within one month after the official agent of the candidate receives reimbursement pursuant to subsection 243(4) in respect of the candidate's election expenses or two months after the filing by the official agent of the return respecting election expenses in respect of the candidate, whichever is the later. [1977-78, c.3, s.43; 1980-81-82-83, c.164, s.12.]

Notice to Chief Electoral Officer

233. (1) Where an official agent of a candidate pays an excess amount pursuant to section 232, he shall forthwith transmit to the Chief Electoral Officer a notification of the payment in the prescribed form.

Repayment of excess contributions

(2) Where, after payment to the Receiver General of an excess amount pursuant to paragraph 232(i), the official agent makes, or is required or authorized to make, a further payment pursuant to leave granted by a judge under subsection 222(2) or pursuant to a judgment or order of a court made in respect of an action brought pursuant to subsection 223(1), the official agent may make application to the Chief Electoral Officer for the repayment to the official agent of an amount not exceeding the lesser of

(a) the excess amount paid by the official agent to the Receiver General pursuant to paragraph 232(i), and

(b) the amount of the further payment,

and on receipt of a certificate from the Chief Electoral Officer to the effect that the further payment has been or may properly be made by the official agent, the Receiver General shall pay out of the Consolidated Revenue Fund to the official agent to whom the certificate relates the lesser of the amounts described in paragraphs (a) and (b). [1977-78, c.3, s.43.]

Offence

234. An official agent who fails to make a payment as required by subsection 231(2), or who knowingly makes a payment that is less than the amount that he is required by that subsection to pay, is guilty of an offence. [1977-78, c.3, s.43.]

Transmittal of returns

235. (1) Every returning officer who receives a return or a supplementary return respecting election expenses from an official agent shall forthwith on the receipt thereof transmit a copy of the return or supplementary return to the Chief Electoral Officer.

Duty to publish

(2) Forthwith after the expiration of the periods provided for in any of sections 228 to 234 or 236 to 240 for the filing of returns and supplementary returns respecting election expenses, the Chief Electoral Officer shall, at his expense on behalf of the Crown in right of Canada, publish, at the same time, in at least one newspaper published or circulated in every electoral district in which an election was held, all the returns and supplementary returns respecting election expenses received by him that relate to the election in that electoral district.

Publication of auditor's report

(3) The publication of returns and supplementary returns by the Chief Electoral Officer pursuant to subsection (2) shall include

(a) a statement to the effect that the return or supplementary return has been audited;

(b) the name of the auditor; and

(c) where applicable, a statement that the auditor's report on the return or supplementary return has been qualified.

Documents to be preserved

(4) A returning officer

(a) shall preserve all auditor's reports, returns and declarations transmitted to him pursuant to sections 228 to 234 and 236 to 240 with the bills and vouchers relating thereto;

(b) shall transmit a copy of each auditor's report, return and declaration to the Chief Electoral Officer within ten days after he receives it;

(c) shall, at all reasonable times during the six months next after the documents referred to in paragraph (a) have been transmitted to him, permit any elector to inspect them and to make extracts there from on payment of a fee of twenty cents;

(d) shall, after the expiration of the period referred to in paragraph (c), retain the documents referred to in paragraph (a), together with the bills and vouchers relating thereto, for a period of three years or for such lesser period as the Chief Electoral Officer may specify; and

(e) shall, after the period he is required to retain them pursuant to paragraph (d), destroy the documents referred to in paragraph (a), together with the bills and vouchers relating thereto. [R.S., c.14 (1st Supp.), s.63; 1973-74, c.51, s.9; 1977-78, c.3, s.43; 1980-81-82-83, c.164, s.12.]

Certain members not to sit after end of filing period

236. (1) Where the return and declarations referred to in sections 228 to 235 and 237 to 240 are not transmitted before the expiration of the periods limited for the purpose in any of those sections, the candidate to whom the return and declarations relate shall not, after the expiration of the last of those periods, sit or vote in the House of Commons as a member until either the return and declarations have been transmitted or the date of the allowance pursuant to this Act of an authorized excuse for the failure to transmit them, and if he sits or votes in contravention of this subsection, he is guilty of an offence.

Default in delivering statements

(2) Where, without an excuse authorized by this Act, a candidate or an official agent fails to comply with this section and sections 228 to 235 and 237 to 240, he is guilty of an illegal practice and of an offence.

Making false declaration

(3) Any candidate or official agent who knowingly makes a false declaration respecting election expenses is guilty of a corrupt practice and of an offence. [R.S., c.14 (1st Supp.), s.63.]

When candidate out of Canada at time of return

237. (1) Where a candidate is out of Canada at the time when the return respecting election expenses relating to the candidate is transmitted to the returning officer pursuant to section 228, the declaration required by section 230 may be made by the candidate within fourteen days after returning to Canada and, in that case, shall forthwith be transmitted to the returning officer.

Agent not exonerated

(2) The delay authorized by subsection (1) in the making of a declaration by a candidate does not exonerate the official agent of the candidate from complying with the provisions of this Act relating to the return and declaration respecting election expenses to be prepared by the official agent.

Statement of payments in pursuance of leave and copy of judge's order

(3) Where, after the date on which a return respecting election expenses is transmitted by an official agent, leave is given pursuant to subsection 222(2) for any claims to be paid, the official agent shall, within seven days after the payment thereof, transmit to the returning officer a return of the sums paid pursuant to that leave, accompanied by a copy of the order of the judge giving the leave and, in default, he shall be deemed to have failed to comply with the requirements of this section and sections 228 to 236 and 238 to 240. [R.S., c.14 (1st Supp.), s.63.]

Where return and declaration not transmitted

238. Where the return and declarations respecting election expenses of a candidate at an election have not been transmitted as required by this Act or, having been transmitted, contain an error or false statement,

(a) if the candidate applies to a judge competent to recount the votes given at the election and shows that the failure to transmit the return and declaration or any of them, or any part thereof, or that any error or false statement therein, arose by reason of his illness or of the absence, death, illness or misconduct of his official agent or of any clerk or officer of that agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant, or

(b) if the official agent of the candidate applies to a judge referred to in paragraph (a) and shows that the failure to transmit the return and declaration, or any part thereof, or that any error or false statement therein, arose by reason of his illness or of the death or illness of any prior official agent of the candidate, or of the absence, death, illness or misconduct of his clerk or officer of an official agent of the candidate, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant,

the judge may, after such notice of the application in the electoral district and on production of such evidence of the grounds stated in the application and of the good faith of the application, and otherwise as to the judge seems fit, make such order for allowing an authorized excuse for the failure to transmit the return and declaration, or for an error or false statement in the return and declaration, as to the judge seems just. [R.S., c.14 (1st Supp.), s.63.]

Judge may order official agent to appear and make return and declaration or order examination of official agent

239. Where it appears to a judge, on hearing an application pursuant to section 238, that

(a) in the case of an application by a candidate, the candidate is unable to comply with the provisions of this Act relating to the return and declaration respecting his election expenses by reason of the refusal or failure of his official agent or prior official agent to make the return or supply the particulars that would enable the return and declaration to be made, or

(b) in the case of an application by an official agent, the official agent is unable to comply with the provisions of this Act relating to the return and declaration respecting the election expenses of the candidate for whom he is the official agent by reason of the refusal or failure of a prior official agent to make the return or supply the particulars that would enable the return and declaration to be made,

the judge shall, by order in writing served personally on the person who so refused or failed to make a return or supply particulars, direct that person to attend before the judge and, on that person's attendance, shall, unless the person shows cause to the contrary, order him to

(c) make the return and declaration or supply the statement of the particulars required to be contained in the return, that to the judge seems just, and make or supply them within such time, to such person and in such manner as the judge may direct, or

(d) be examined with respect to the particulars,

and if the person so ordered does not comply with the order to attend or an order referred to in paragraph (c) or (d), he is guilty of an offence. [R.S., c.14 (1st Supp.), s.63.]

When order conditions relief of applicant or of candidate

240. (1) An order made pursuant to section 238 may provide that an allowance of an authorized excuse is conditional on the making of a return and declaration in a modified form or within an extended time and on the compliance with such other conditions as to the judge seem best calculated for carrying into effect the objects of this Act.

Effect of order

(2) An order allowing an authorized excuse relieves the applicant for the order from any liability or consequence under this Act or any other Act in respect of the matters excused by the order and, where it is proved by the candidate to the judge that any act or omission of the official agent of the candidate in relation to the return and declaration respecting election expenses was without the sanction or connivance of the candidate and that the candidate took all reasonable means for preventing the act or omission, the judge shall relieve the candidate from the consequences of the act or omission on the part of his official agent.

Date of order deemed date of allowance

(3) Where an order is made pursuant to section 238, the date of the order or, if the order specifies that conditions are to be complied with, the date on which the applicant fully complies with them, shall for the purposes of this section and section 238 be deemed to be the date of the allowance of the excuse. [R.S., c.14 (1st Supp.), s.63.]

 

 

 

REIMBURSEMENT IN RESPECT OF CANDIDATES' EXPENSES

Certificate of Chief Electoral Officer

241. (1) Forthwith after receipt pursuant to subsection 190(1) of a return to the writ of election, the Chief Electoral Officer shall transmit a certificate to the Receiver General in respect of each electoral district setting out

(a) the name of the candidate who has been elected and that of every candidate who has obtained a number of votes at least equal to fifteen per cent of the number of valid votes cast at the election; and

(b) the amount that represents fifteen per cent of the maximum election expenses, as determined in accordance with sections 208 to 212, that each candidate referred to in paragraph (a) was allowed to spend for the election pursuant to those sections.

Payment to official agents

(2) On receipt of a certificate referred to in subsection (1), the Receiver General shall pay out of the Consolidated Revenue Fund to the official agent of each candidate named in the certificate the amount set out therein in respect of that candidate. [1973-74, c.51, s.10; 1977-78, c.3, s.44; 1980-81-82-83, c.164, s.13.]

Certificate of Chief Electoral Officer

242. Forthwith after receipt pursuant to paragraph 235(4)(b) of a copy of the auditor's report, the return respecting election expenses and the declaration respecting election expenses in relation to a candidate who has been elected or who has obtained a number of votes at least equal to fifteen per cent of the number of valid votes cast in the electoral district in which he was a candidate, the Chief Electoral Officer shall transmit a certificate in respect of the candidate to the Receiver General setting out

(a) that the candidate and his official agent have complied with the requirements of sections 228 to 240;

(b) that a copy of the report, return and declaration have been received by the Chief Electoral Officer;

(c) where applicable, that the candidate has incurred election expenses greater than thirty per cent of the maximum election expenses, as determined in accordance with sections 208 to 212, that he was allowed to spend under those sections; and

(d) the amount that is

(i) fifty per cent of the candidate's actual election expenses that have been paid, as disclosed in the candidate's return respecting elections, but in no case shall the amount determined under this subparagraph exceed fifty per cent of the maximum election expenses, as determined in accordance with sections 208 to 212, that he was allowed to spend under those sections,

less

(ii) the amount paid by the Receiver General to the candidate pursuant to subsection 241(2). [1973-74, c.51, s.10; 1980-81-82-83, c.164, s.13.]

Supplementary return respecting election expenses

243. (1) Where, after the date on which a return respecting election expenses is transmitted to a returning officer by an official agent pursuant to section 228, an election expense that is not shown in that return as having been paid is paid as permitted by this Act, a supplementary return with respect to that expense, in the prescribed form, shall be submitted to the returning officer by the official agent within thirty days after the expense is paid and the returning officer shall, forthwith on receipt thereof, forward the supplementary return to the Chief Electoral Officer.

Amended certificate of Chief Electoral Officer

(2) On receipt by the Chief Electoral Officer of a supplementary return respecting election expenses referred to in subsection (1), the Chief Electoral Officer shall prepare an amended certificate, as described in section 242, in respect of the candidate as though the candidate's original return and the supplementary return were one return respecting election expenses and shall forthwith transmit the amended certificate to the Receiver General.

Reimbursement on amended certificate

(3) On receipt of the amended certificate referred to in subsection (2), the Receiver General shall pay out of the Consolidated Revenue Fund to the official agent of the candidate such amount or additional amount, as the case may be, as he would be required to pay pursuant to subsection (4) if the amended certificate had been received by him under subsection (4) as a certificate referred to in section 242.

Payment to official agents and auditors

(4) On receipt of the certificate referred to in section 242, the Receiver General shall pay out of the Consolidated Revenue Fund to

(a) the official agent of the candidate named in the certificate the amount set out in paragraph 242(d) in respect of that candidate; and

(b) the auditor of the candidate named in the certificate the amount of his audit fees, which amount shall not exceed the lesser of seven hundred and fifty dollars and three per cent of the candidate's election expenses, but in no case shall the payment under this paragraph be less than one hundred dollars. [1980-81-82-83, c.164, s.13.]

Certificate of Chief Electoral Officer

244. (1) Forthwith after receipt pursuant to paragraph 235(4)(b) of a copy of the auditor's report, the return respecting election expenses and the declaration respecting election expenses in relation to a candidate other than a candidate described in section 242, the Chief Electoral Officer shall transmit a certificate in respect of the candidate to the Receiver General setting out

(a) that the candidate and his official agent have complied with the requirements of sections 228 to 240; and

(b) that a copy of the report, return and declaration have been received by the Chief Electoral Officer.

Payment to auditor

(2) On receipt of the certificate referred to in subsection (1), the Receiver General shall pay out of the Consolidated Revenue Fund to the auditor of the candidate named in the certificate the amount of his audit fees, which amount shall not exceed the lesser of seven hundred and fifty dollars and three per cent of the candidate's election expenses, but in no case shall the payment under this subsection be less than one hundred dollars. [1980-81-82-83, c.164, s.13.]

Reimbursement

245. Where the amount paid to the official agent of a candidate in accordance with subsection 241(2) is greater than fifty per cent of the actual election expenses incurred by the candidate, the official agent of that candidate shall reimburse the Receiver General the amount of the excess. [1980-81-82-83, c.164, s.13.]

Certificate

245.1 (1) The Chief Electoral Officer shall issue a certificate to the Receiver General listing all candidates who have complied with subsection 230(1).

Receipt of certificate

(2) On receipt of the certificate referred to in subsection (1), the Receiver General shall return that part of the deposit to which the certificate applies. [1993, c.19, s.108.]

Where candidate dies

246. Where a candidate for an electoral district dies after the close of nominations but before the closing of the polls,

(a) the deceased candidate shall be deemed, for the purposes of subsection 241(1), to have obtained a number of votes at least equal to fifteen per cent of the number of valid votes cast in the electoral district for which he was a candidate; and

(b) the amount set out by the Chief Electoral Officer, pursuant to subsection 241(1), in the certificate transmitted to the Receiver General pursuant to that subsection in respect of any candidate for that electoral district, except the deceased candidate or a candidate who withdraws as permitted by section 88, shall be one and one-half times the amount that he would otherwise set out therein. [1977-78, c.3, s.44; 1980-81-82-83, c.164, s.13.]

Where writ withdrawn or deemed to be withdrawn

247. (1) Where the writ for an electoral district is withdrawn or deemed to be withdrawn, the provisions of this Act with respect to election expenses apply as though

(a) the poll for the election in that electoral district were held on the day on which notice that the writ has been withdrawn or is deemed to have been withdrawn, as the case may be, is published in the Canada Gazette; and

(b) each candidate for the electoral district obtained a number of votes at least equal to fifteen per cent of the number of valid votes that would have been cast in the electoral district.

Exceptions

(2) Notwithstanding subsection (1),

(a) where the enumeration of electors in the electoral district has not been completed on the day referred to in paragraph (1)(a), no candidate for the electoral district is entitled to any reimbursement under this section and sections 241 to 246 in respect of his election expenses;

(b) where the election expenses of a candidate for the electoral district do not exceed the amount received by the candidate's official agent pursuant to paragraph 217(1)(b), that candidate is not entitled to any reimbursement under this section and sections 241 to 246 in respect of his election expenses; and

(c) where neither paragraph (a) nor (b) applies to a candidate for the electoral district, the amount required to be set out in the certificate transmitted by the Chief Electoral Officer to the Receiver General in respect of the candidate pursuant to subsection 241(1), and the amount that the Receiver General shall pay out of the Consolidated Revenue Fund to the candidate pursuant to subsection 241(2) on receipt of the certificate, is the lesser of

(i) the maximum election expenses, as determined in accordance with sections 208 to 212, in respect of the electoral district, and

(ii) the amount by which the candidate's election expenses exceed the amount received by the candidate's official agent pursuant to paragraph 217(1)(b). [1977-78, c.3, s.44; 1980-81-82-83, c.164, s.13.]  

 

 

EXECUTORY CONTRACTS VOID

Executory contracts void

248. Every executory contract, promise or undertaking in any way referring to, arising out of or depending on any election under this Act, including the payment of lawful expenses or the doing of any lawful act, is void in law, but nothing in this section extends to or affects any executory contract, agreement, promise or undertaking by a candidate or the official agent of a candidate of which there is a memorandum or note in writing signed by the candidate or his official agent.


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