Backgrounders

Elections Canada: General Information: Backgrounders

New Law for Registering Political Parties New legislation for registering political parties, including measures to prevent abuse of that process, has been introduced by An Act to amend the Canada Elections Act and the Income Tax Act, S.C. 2004, c. 24. The amending Act was introduced in response to the 2003 ruling of the Supreme Court of Canada in Figueroa v. Canada (Attorney General). In that decision, the court struck down provisions in the Canada Elections Act restricting the availability of certain benefits to parties that endorse at least 50 candidates in a general election. The Court suspended the effect of its judgment for one year – until June 27, 2004 – to allow Parliament time to change the law. This backgrounder summarizes the main changes affecting party registration in the amending Act. The Figueroa ruling Section 3 of the Canadian Charter of Rights and Freedoms guarantees the right to vote and to run as a candidate. By applying section 3 in the case of Figueroa v. Canada (Attorney General), the Supreme Court of Canada found that it was unconstitutional for the Canada Elections Act to require that a political party field at least 50 candidates in a general election as a condition of achieving three benefits under the Act: the right to issue tax receipts for political contributions the right to receive unspent election funds from candidates the right to have a candidate's party affiliation listed on the ballot Key changes Under the new provisions, any political party that has complied with various administrative requirements set out in the Act and that runs at least one candidate in a general election or by-election is allowed to be registered under the Canada Elections Act. For the first time, the Act defines a political party: "an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election." The Act introduces: new registration requirements for parties accountability measures offences that could result in the deregistration of a party New registration requirements To become eligible to be registered, a party must now include in its application for registration the following new information: a resolution of the party appointing the leader, certified by the leader and another officer of the party the names, addresses and signed consent of at least three officers in addition to the leader the names, addresses and signed declarations of at least 250 members (previously a party had to submit the names, addresses and signatures of 100 members) a signed declaration by the leader that one of the fundamental purposes of the party is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election The Chief Electoral Officer must be satisfied that the information in the application is accurate and that the organization is a political party. The Chief Electoral Officer may ask for additional documents (including the party's constitution, by-laws and program) to determine that a fundamental purpose is as stated by the leader. Parties that were registered or eligible to be registered before the amending Act came into force must submit similar information within six months of the Act's coming into force. Accountability measures Starting in June 2005 registered and/or eligible parties must provide an annual statement by the leader about the party's fundamental purpose, in addition to the already required annual update of its registration information. Starting in June 2007 registered and/or eligible parties must provide a new list of 250 members and new signed declarations every third year. Registered and/or eligible parties must always have a leader, three other officers and 250 members. Failure to maintain this minimum number of members and officers may lead to the deregistration of the party. The Commissioner of Canada Elections makes sure that the Canada Elections Act is complied with and enforced. If the Commissioner has reasonable grounds to suspect that a registered party does not meet the Act's definition of a political party, he or she may require the party to demonstrate that it meets its declared purpose. The Commissioner will give the party a reasonable opportunity to demonstrate that it meets the definition. If he or she still has reasonable grounds to suspect that the party does not meet the definition, the Commissioner may apply to a court to deregister the party, and to liquidate its assets and those of its registered associations. Once he or she makes an application, the party and its associations may no longer issue income tax receipts for contributions. Offences A party that fails to comply with the conditions for registration may be subject to deregistration. New offences that might lead to deregistration include: knowingly making false statements on the party's application or when updating registry information knowingly making false statements about one's membership in the party soliciting or accepting a contribution where a representation has been made that all or part of the contribution will be transferred to a person or entity other than regulated political entities (i.e. candidates, registered parties, registered associations, nomination and leadership contestants) Other offences that could result in deregistration include: wilful failure to provide the party's annual return or the return on election expenses knowingly entering into an agreement with a regulated political entity for goods or services where a term of the agreement is that the party receiving the contract will make a contribution, directly or indirectly, to a regulated political entity If an offence under the Act has led to a financial benefit under the Canada Elections Act or the Income Tax Act, then a judge may order restitution of the amount to the Receiver General. With some exceptions, it is an offence for a person to continue to act as an officer for a registered party that he or she knows does not meet the definition of a political party. Sunset provision Changes to the Canada Elections Act made by the amending Act will cease to have effect two years after the day on which the amending Act came into force, or if Parliament is not in session then, 90 days after the beginning of the next session.  For more information, please contact: Elections Canada 257 Slater Street Ottawa, Ontario K1A 0M6 Telephone 1 800 463-6868 toll-free in Canada and the United States 001 800 514-6868 toll-free in Mexico (613) 993-2975 from anywhere in the world For people who are deaf or hard of hearing: TTY 1 800 361-8935 toll-free in Canada and the United States Fax (613) 954-8584 1 888 524-1444 toll-free in Canada and the United States This publication is available in alternative formats. May 2004