Canada Elections Act

Elections Canada: Electoral Law & Policy: Federal Electoral & Referendum Legislation: Federal Electoral Legislation: Canada Elections Act

PART 18 DIVISION 1 REGISTRATION OF POLITICAL PARTIES Application for Registration Application for registration 366. (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party. Contents of application (2) An application for registration must include (a) the full name of the political party; (b) the short-form name of the party, or its abbreviation, if any, that is to be shown in election documents; (c) the party's logo, if any; (d) the name and address of the leader of the party and a copy of the party's resolution to appoint the leader, certified by the leader and another officer of the party; (e) the address of the office of the party where records are maintained and to which communications may be addressed; (f) the names and addresses of the officers of the party and their signed consent to act; (g) the name and address of the appointed auditor of the party and their signed consent to act; (h) the name and address of the party's chief agent and his or her signed consent to act; (i) the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party and support the party's application for registration; and (j) the leader's declaration in the prescribed form that, having considered all of the factors – including those described in subsection 521.1(5) – relevant to determining the party's purposes, one of the party's fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election. Additional information (3) To confirm that the purpose referred to in paragraph (2)(j) is one of the party's fundamental purposes, the Chief Electoral Officer may ask the party's leader to provide any relevant information, including the information described in subsection 521.1(5). S.C. 2004, c. 24, s. 3. Withdrawal of application 367. A leader who has made an application under subsection 366(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer. Eligibility for registration 368. A political party whose leader has made an application under subsection 366(1) becomes eligible for registration if (a) its name, short-form name, abbreviation or logo does not (i) so resemble the name, short-form name, abbreviation or logo of a registered party or an eligible party that it would, in the Chief Electoral Officer's opinion, likely be confused with it, or (ii) include the word "independent" or a word that so resembles "independent" that it would, in the Chief Electoral Officer's opinion, likely be confused with it; (b) the party has at least three officers in addition to its leader and has appointed a chief agent and an auditor; and (c) the Chief Electoral Officer is satisfied that the party has provided the information required under subsection 366(2) and that the information is accurate. S.C. 2004, c. 24, s. 4. Preservation of name 368.1 In the period of 30 days after the deregistration of a political party, (a) no application for another political party to become a registered party may be accepted – and no report under section 382 shall be effective – that would permit another political party to use a name, short-form name, abbreviation or logo that would, in the Chief Electoral Officer's opinion, likely be confused with that of the deregistered party; and (b) if a new application is made for the registration of the deregistered party under the name, short-form name, abbreviation and logo that it had at the time of its deregistration, the Chief Electoral Officer may not refuse the application on the ground that it does not comply with paragraph 368(a). S.C. 2003, c. 19, s. 7. Notification of eligibility 369. (1) The Chief Electoral Officer shall, as soon as practicable after the day on which the application is received, inform the leader of a political party that has applied to become registered whether or not the party is eligible for registration under section 368. If the party is not eligible, he or she shall also indicate which of that section's requirements have not been met. Loss of eligibility (2) A political party, having been informed of its eligibility under subsection (1), loses its eligibility if (a) it contravenes any of section 371, subsection 374.1(1), sections 378 to 380.1, subsections 382(1), (3) and (4) and 383(1) and section 384; (b) one of its officers is not eligible under subsection 374.1(2); (c) its chief agent is not eligible under section 376; or (d) its auditor is not eligible under section 377. S.C. 2004, c. 24, s. 5. Registration 370. (1) An eligible party becomes a registered party if it has at least one candidate whose nomination has been confirmed for an election and its application to become registered was made at least 60 days before the issue of the writ or writs for that election and has not been withdrawn. Late application (2) An eligible party whose application was made after the 60 days referred to in subsection (1) becomes a registered party for the next general election – or any by-election that precedes it – if it satisfies the requirements of that subsection for that election. Notification (3) The Chief Electoral Officer shall, as soon as practicable after the 48-hour period following the close of nominations, (a) inform the leader of an eligible party that meets the requirements of subsection (1) that the party has been registered; and (b) in the case of a general election, inform the leader of an eligible party that does not meet the requirements of subsection (1) that the party has not been registered. Loss of eligibility (4) An eligible party, other than one referred to in subsection (2), loses its eligibility on being informed under subsection (3) that it has not been registered. Eligible party deemed registered (5) For the purposes of sections 407, 422, 429 and 435, an eligible party that becomes registered under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs for that election. S.C. 2004, c. 24, s. 5. Report on agents of eligible parties 371. An eligible party shall, within 30 days after being informed, under subsection 369(1), of its eligibility, provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, containing the name and address of any person appointed as its registered agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall, on the registration of the eligible party, register that information in the registry of parties. Statement of assets and liabilities 372. Within six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer with (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; (b) a report on that statement made by the registered party's auditor to its chief agent that contains the auditor's opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it is based; and (c) a declaration in the prescribed form by the chief agent of the registered party concerning that statement. S.C. 2003, c. 19, s. 8. Adjustment of fiscal period for newly registered party 373. Without delay after becoming registered, a political party shall, if necessary, vary its fiscal period so that it ends at the end of the calendar year. The then current fiscal period may not be less than 6 months or more than 18 months. Registry of parties 374. The Chief Electoral Officer shall maintain a registry of parties that contains the information referred to in paragraphs 366(2)(a) to (h) and in subsections 375(3) and 390(3). Officers, Registered Agents, Auditors and Members Minimum number of officers 374.1 (1) Subject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party. Eligibility – officer (2) Only a person whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party. Appointment of a replacement (3) In the event of the death, incapacity, resignation, ineligibility or revocation of the appointment of an officer of a registered party or an eligible party, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days. Report of appointment (4) Within 30 days after the appointment of the replacement, the registered party or eligible party shall inform the Chief Electoral Officer by providing a report under subsection 382(1). S.C. 2004, c. 24, s. 7. Registered agents 375. (1) A registered party may, subject to any terms and conditions that it specifies, appoint persons to act as its registered agents. (2) [Repealed] Report of appointment (3) Within 30 days after an appointment of a person as a registered agent, the registered party shall provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, that includes the person's name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall enter that information in the registry of parties. S.C. 2003, c. 19, s. 9. Agents – eligible corporations 376. (1) A corporation incorporated under the laws of Canada or a province is eligible to be (a) a chief agent or a registered agent of a registered party; or (b) a chief agent or an agent of an eligible party. Agents – ineligible persons (2) The following persons are not eligible to be a chief agent, a registered agent or an agent: (a) an election officer or a member of the staff of a returning officer; (a.1) a candidate; (a.2) an undischarged bankrupt; (b) an auditor appointed as required by this Act; (c) subject to subsection (1), a person who is not an elector; and (d) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides. S.C. 2003, c. 19, s. 10. Auditor – eligibility 377. (1) Only the following are eligible to be an auditor for a registered party or an eligible party: (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or (b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants. Auditor – ineligible persons (2) The following persons are not eligible to be an auditor: (a) an election officer or a member of the staff of a returning officer; (b) a candidate; (b.1) an officer of a registered party or an eligible party; (c) an official agent of a candidate; (d) a chief agent of a registered party or an eligible party; (e) a registered agent of a registered party; (f) electoral district agents of registered associations; (g) leadership contestants and their leadership campaign agents; (h) nomination contestants and their financial agents; and (i) financial agents of registered third parties. S.C. 2003, c. 19, s. 11, S.C. 2004, c. 24, s. 8. Consent 378. A registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act. S.C. 2004, c. 24, s. 9. Death, incapacity, resignation or revocation 379. (1) In the event of the death, incapacity, resignation or revocation of the appointment of its chief agent or auditor, a registered party or eligible party shall without delay appoint a replacement. Report of appointment (2) Within 30 days after the appointment of a replacement under subsection (1), a registered party or eligible party shall inform the Chief Electoral Officer of it by providing a report under subsection 382(1). Only one chief agent and auditor 380. A registered party or eligible party shall have only one chief agent and one auditor at a time. Minimum number of members 380.1 A registered party and an eligible party shall have at least 250 members who are electors. S.C. 2004, c. 24, s. 10. Prohibition – officer 381. (1) No person who is not eligible to be an officer of a registered party or an eligible party shall so act. Prohibition – agent (1.1) No person who is not eligible to be a chief agent or registered agent of a registered party or an eligible party shall so act. Prohibition – auditor (2) No person who is not eligible to be an auditor of a registered party or an eligible party shall so act. S.C. 2004, c. 24, s. 11. Prohibition – fundamental purpose 381.1 (1) Subject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party if (a) they know that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election; and (b) the party has not made an application under section 388. Exception (2) A person referred to in subsection (1) may sign an application under section 388. S.C. 2004, c. 24, s. 12. Change of Information Concerning Parties Change in information 382. (1) Within 30 days after a change in the information on a registered party or an eligible party in the registry of parties, the party shall, in writing, report the change to the Chief Electoral Officer. The report must be certified by the leader of the party. New name, abbreviation or logo (2) A report of a change in the information referred to in paragraphs 366(2)(a) to (c) must include a copy of the resolution of the party to make the change. If the changed information complies with subparagraph 368(a)(i) or (ii), the change is deemed to be effective as of (a) the day after polling day, in the case of a report made during an election period; and (b) the day on which the report was made, in any other case. New leader (3) A report of a change of leader for a party must include a copy of the resolution of the party to appoint the new leader, certified by the new leader and another officer of the party. New officer, chief agent or auditor (4) A report under subsection (1) that involves the replacement of an officer, the chief agent or the auditor must include a copy of the consent referred to in section 378. Registration of change (5) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of parties. Entry in registry of electoral district associations (6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations. S.C. 2003, c. 19, s. 12, S.C. 2004, c. 24, s. 14. Confirmation of information at general election 383. (1) A registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, provide the Chief Electoral Officer with (a) a statement certified by its leader confirming the validity of the information on the party in the registry of parties; or (b) if there is a change in that information, the report referred to in subsection 382(1). Endorsement of candidates (2) A registered party and an eligible party, whose leader designates representatives to endorse candidates at a general election, shall include with the statement or report referred to in subsection (1) a statement certified by its leader that sets out the names of the designated representatives. Confirmation of registration yearly 384. (1) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with (a) a statement certified by its leader confirming the validity of the information on that party in the registry of parties; or (b) if there is a change in that information, the report made under subsection 382(1) on the change. Confirmation of members (2) On or before June 30 of every third year, beginning in 2007, a registered party and an eligible party shall provide the Chief Electoral Officer with the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party. Declaration of leader (3) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with a declaration in the prescribed form by the leader that, having considered all of the factors relevant to determining the party's purposes – including those described in subsection 521.1(5) – one of the party's fundamental purposes is as described in paragraph 366(2)(j). S.C. 2004, c. 24, s. 15. Prohibition – false or misleading information (leader) 384.1 (1) No leader of a party shall provide the Chief Electoral Officer with information under section 366 that they know is false or misleading. Prohibition – false or misleading information (party) (2) No registered party or eligible party shall provide the Chief Electoral Officer with information under any of sections 382 to 384 that it knows is false or misleading. Prohibition – certification by leader (3) No leader of a party shall certify, under any of sections 382 to 384, a report or statement that they know contains false or misleading information. Prohibition – leader's declaration (4) No leader of a party shall make a declaration referred to in section 366, 382 or 384 that they know is false or misleading. Prohibition – member's declaration (5) No member of a party shall make a declaration referred to in section 366 or 384 that they know is false or misleading. S.C. 2004, c. 24, s. 16. Deregistration of Registered Parties Deregistration – no candidates 385. The Chief Electoral Officer shall, effective on the expiration in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election. S.C. 2004, c. 24, s. 16. Deregistration – officers or members 385.1 (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 374.1(1) or section 380.1, he or she shall, in writing, notify the party that it is required to show its compliance with (a) subsection 374.1(1), within 60 days after receipt of the notice; or (b) section 380.1, within 90 days after receipt of the notice. Extension (2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 374.1(1) or section 380.1 within the time set out in the notice, he or she may, in writing, notify the party that it has another period of up to 60 or 90 days, as the case may be, in which to comply. Deregistration (3) The Chief Electoral Officer shall deregister a registered party if it fails to comply with a notice under subsection (1) or (2), as the case may be. S.C. 2004, c. 24, s. 16. Notice of deregistration 385.2 The Chief Electoral Officer shall give notice of a deregistration under section 385 or 385.1 to the registered party and its chief agent and of the resulting deregistration under section 389.2 to the registered associations and their financial agents. S.C. 2003, c. 19, s. 13, S.C. 2004, c. 24, s. 16. Deregistration – failure to provide documents 386. The Chief Electoral Officer may deregister a registered party if the party fails to provide (a) confirmation under subsection 383(1) or section 384 of the validity of the registered information; (b) a report in accordance with subsection 382(2) on a change in the registered information on its name, short-form name, abbreviation or logo mentioned in paragraphs 366(2)(a) to (c); (c) either of the documents referred to in subsections 382(1) and (3) with respect to a change of its leader; (d) any of the documents referred to in subsection 379(2) or 382(1) or (4) with respect to a replacement of its auditor or chief agent; (e) a report under subsection 375(3) on the appointment of a registered agent; (f) a report under subsection 382(1) on a change in any other registered information; (g) any of the documents referred to in paragraphs 372(a) to (c); (h) a statement required by subsection 435.04(1) or (2); or (i) a report that it is required by subsection 478.02(1) to provide. S.C. 2003, c. 19, s. 14. Deregistration – failure to file return and auditor's report 387. The Chief Electoral Officer may deregister a registered party if its chief agent fails to provide the Chief Electoral Officer (a) for a fiscal year, with a document in accordance with subsection 424(1); or (b) for a general election, with a document in accordance with subsection 429(1). S.C. 2003, c. 19, s. 15. Voluntary deregistration 388. On application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the party, the Chief Electoral Officer may deregister the party. S.C. 2003, c. 19, s. 16. Procedure for non-voluntary deregistration 389. (1) If the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to do anything referred to in section 386 or 387, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of parties that the party or officer must (a) rectify the omission by the discharge of those obligations under section 386 or 387, (i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 383(1), or (ii) within 30 days after receipt of the notice, in any other case; or (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith. Extension or exemption (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 386 or 387; or (b) specifying a period for compliance with the requirements referred to in subparagraph (1)(a)(i) or (ii), as the case may be. Deregistration (3) The Chief Electoral Officer may deregister a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1), or amended notice under subsection (2). S.C. 2003, c. 19, s. 17. Notice of deregistration 389.1 (1) If the Chief Electoral Officer proposes to deregister a registered party under section 388 or subsection 389(3), the Chief Electoral Officer shall so notify the party and its registered associations. Date of deregistration (2) The notice under subsection (1) shall specify the effective date of the deregistration, which shall be at least 15 days after the date of the sending of the notice. Proof of service of notice (3) The notice under subsection (1) shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery. S.C. 2003, c. 19, s. 18. Effect of deregistration of registered party 389.2 If a registered party is deregistered, its registered associations are also deregistered. S.C. 2003, c. 19, s. 18. Notice of deregistration 390. (1) The Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette. Entry of deregistration in registry of parties (2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of parties. (3) [Repealed] S.C. 2003, c. 19, s. 19. Continuation of registered status for limited purpose 391. A political party that is deregistered continues to have the obligations of a registered party for the application of section 392. S.C. 2003, c. 19, s. 19. Fiscal period and returns 392. The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with (a) the documents referred to in subsection 424(1) for (i) the portion of its current fiscal period ending on the day of its deregistration, and (ii) any earlier fiscal period for which those documents have not already been provided under that subsection; and (b) the documents referred to in subsection 429(1), for any general election for which those documents have not already been provided under that subsection. S.C. 2003, c. 19, s. 20. 393.[Repealed] S.C. 2003, c. 19, s. 21. 394.[Repealed] S.C. 2003, c. 19, s. 21. 395.[Repealed] S.C. 2003, c. 19, s. 21. 396.[Repealed] S.C. 2003, c. 19, s. 21. 397.[Repealed] S.C. 2003, c. 19, s. 21. 398.[Repealed] S.C. 2003, c. 19, s. 21. 399.[Repealed] S.C. 2003, c. 19, s. 21. Merger of Registered Parties Merger application 400. (1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a single registered party resulting from their merger. Contents (2) An application to merge two or more registered parties must (a) be certified by the leaders of the merging parties; (b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and (c) contain the information required from a party to be registered, except for the information referred to in paragraph 366(2)(i). Registration for eligible merged parties 401. (1) The Chief Electoral Officer shall amend the registry of parties by replacing the names of the merging parties with the name of the merged party if (a) the application for the merger was not made in the period referred to in subsection 400(1); and (b) the Chief Electoral Officer is satisfied that (i) the merged party is eligible for registration as a political party under this Act, and (ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration. Notice (2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of parties is to be amended under subsection (1). Notice in Canada Gazette (3) If the Chief Electoral Officer amends the registry of parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party. Effective date of merger 402. (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of parties under subsection 401(1). Consequences of merger (2) On the merger of two or more registered parties, (a) the merged party is the successor of each merging party; (b) the merged party becomes a registered party; (c) the assets of each merging party belong to the merged party; (d) the merged party is responsible for the liabilities of each merging party; (e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect; (f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and (g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party. Effect of merger on registered associations (3) On the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 403.01(c), may transfer goods or funds to the merged party or a registered association of the merged party in the six months immediately after the merger. Any such transfer is not a contribution for the purposes of this Act. S.C. 2003, c. 19, s. 22. Returns 403. Within six months after a merger (a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 424(1) for (i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and (ii) any earlier fiscal period for which those documents have not been provided; and (b) the merged party shall provide the Chief Electoral Officer with (i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger, (ii) an auditor's report, submitted to the chief agent of the merged party, as to whether the statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and (iii) a declaration in the prescribed form by the chief agent of the merged party concerning the statement. S.C. 2001, c. 21, s. 21.   [Previous]    [Table of Provisions]    [Next] [Federal Electoral Legislation – Contents]