Canada Elections Act
PART 18
DIVISION 1.1
REGISTRATION OF ELECTORAL DISTRICT
ASSOCIATIONS AND FINANCIAL
ADMINISTRATION OF REGISTERED ASSOCIATIONS
Registration of Electoral District
Associations
403.01 No electoral district association of a registered party shall, unless it is registered,
- (a) accept contributions;
- (b) provide goods or services or transfer funds to a candidate endorsed by a registered party;
- (c) provide goods or services or transfer funds to a registered party or a registered association; or
- (d) accept surplus electoral funds of a candidate, surplus leadership campaign funds of a leadership contestant or surplus nomination campaign funds of a nomination contestant.
S.C. 2003, c. 19, s. 23.
403.02 (1) An application for registration of an electoral district association of a registered party may be submitted to the Chief Electoral Officer by the association, and must include
- (a) the full name of the association and of the electoral district;
- (b) the full name of the registered party;
- (c) the address of the office of the association at which records are maintained and to which communications may be addressed;
- (d) the names and addresses of the chief executive officer and other officers of the association;
- (e) the name and address of the appointed auditor of the association; and
- (f) the name and address of the financial agent of the association.
Accompanying documents
(2) The application must be accompanied by
- (a) the signed consent of the financial agent to so act;
- (b) the signed consent of the auditor to so act; and
- (c) a declaration signed by the leader of the party certifying that the electoral district association is an electoral district association of the party.
Examination of application
(3) The Chief Electoral Officer shall register an electoral district association that meets the requirements of subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met.
Date of registration
(4) An electoral district association is registered as of the date on which the Chief Electoral Officer enters it in the registry of electoral district associations.
S.C. 2003, c. 19, s. 23.
Only one registered association per district
403.03 A registered party may not have more than one registered association in an electoral district.
S.C. 2003, c. 19, s. 23.
Election period – contributions and expenses
403.04 No electoral district association of a registered party shall, during an election period, incur expenses for election advertising, as defined in section 319.
S.C. 2003, c. 19, s. 23.
Statement of assets and liabilities
403.05 Within six months after becoming a registered association, the association 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; and
- (b) a declaration in the prescribed form by the financial agent of the registered association that the statement is complete and accurate.
S.C. 2003, c. 19, s. 23.
Prohibition – declaration concerning statement
403.051 No financial agent of a registered association shall make a declaration referred to in paragraph 403.05(b) if the agent knows or ought reasonably to have known that the statement referred to in paragraph 403.05(a) is not complete and accurate.
S.C. 2003, c. 19, s. 23.
403.06 The fiscal period of a registered association is the calendar year.
S.C. 2003, c. 19, s. 23.
Adjustment of fiscal period for newly registered associations
403.07 Without delay after becoming registered, a registered association 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.
S.C. 2003, c. 19, s. 23.
Registry of electoral district associations
403.08 The Chief Electoral Officer shall maintain a registry of electoral district associations that contains the information referred to in subsection 403.02(1).
S.C. 2003, c. 19, s. 23.
403.09 (1) A registered association may, subject to any terms and conditions that it specifies, appoint, as electoral district agents, persons who are authorized by the association to accept contributions and to incur and pay expenses on behalf of the association.
Report of appointment
(2) Within 30 days after the appointment of an electoral district agent, the registered association shall provide the Chief Electoral Officer with a written report, certified by its financial agent, that includes the name and address of the person appointed and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall enter that information in the registry of electoral district associations.
S.C. 2003, c. 19, s. 23.
403.1 (1) A corporation incorporated under the laws of Canada or a province is eligible to be the financial agent or an electoral district agent of a registered association.
Agents – ineligible persons
(2) The following persons are not eligible to be a financial agent or an electoral district agent:
- (a) an election officer or a member of the staff of a returning officer;
- (b) a candidate;
- (c) an auditor appointed as required by this Act;
- (d) subject to subsection (1), a person who is not an elector;
- (e) an undischarged bankrupt; and
- (f) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides.
Where member of partnership appointed as agent
(3) A person may be appointed as agent for a registered association notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act for the registered party.
S.C. 2003, c. 19, s. 23.
403.11 (1) Only the following are eligible to be an auditor for a registered association:
- (a) a person who is a member in good standing of a corporation, 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 for a registered association:
- (a) election officers and members of the staff of returning officers;
- (b) chief agents of registered parties or eligible parties and registered agents of registered parties;
- (c) candidates and official agents of candidates;
- (d) electoral district agents of registered associations;
- (e) leadership contestants and their leadership campaign agents;
- (f) nomination contestants and their financial agents; and
- (g) financial agents of registered third parties.
S.C. 2003, c. 19, s. 23.
403.12 A registered association shall obtain from the financial agent or auditor, on appointment, their signed consent to so act.
S.C. 2003, c. 19, s. 23.
Death, incapacity, resignation or revocation
403.13 In the event of the death, incapacity, resignation or revocation of the appointment of its financial agent or auditor, a registered association shall without delay appoint a replacement.
S.C. 2003, c. 19, s. 23.
Only one financial agent and auditor
403.14 A registered association shall have no more than one financial agent and one auditor at a time.
S.C. 2003, c. 19, s. 23.
403.15 (1) No person who is not eligible to be a financial agent or an electoral district agent of a registered association shall so act.
Prohibition – auditor
(2) No person who is not eligible to be an auditor of a registered association shall so act.
S.C. 2003, c. 19, s. 23.
New auditor or financial agent
403.16 (1) Within 30 days after a change in the information referred to in subsection 403.02(1) other than paragraph 403.02(1)(b), a registered association shall report the change in writing to the Chief Electoral Officer. The report must be certified by the chief executive officer of the association.
New auditor or financial agent
(2) A report under subsection (1) that involves the replacement of the auditor or financial agent of the registered association must include a copy of the signed consent obtained under section 403.12.
Registration of change
(3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of electoral district associations.
S.C. 2003, c. 19, s. 23.
Confirmation of registration yearly
403.17 On or before May 31 of every year, unless an election campaign is in process in that electoral district on that date, in which case the date shall be July 31, a registered association shall provide the Chief Electoral Officer with
- (a) a statement certified by its chief executive officer confirming the validity of the information concerning that association in the registry of electoral district associations; or
- (b) if there is a change in that information, the report made under subsection 403.16(1) of the change.
S.C. 2003, c. 19, s. 23.
Deregistration of Registered Associations
Deregistration – failure to provide documents
403.18 The Chief Electoral Officer may deregister a registered association if the association fails to provide
- (a) confirmation under section 403.17 of the validity of the registered information;
- (b) any of the documents referred to in subsection 403.16(1) or (2) with respect to a replacement of its auditor or financial agent;
- (c) a report under subsection 403.09(2) concerning the appointment of an electoral district agent;
- (d) a report under subsection 403.16(1) of a change in any other registered information;
- (e) any of the documents referred to in section 403.05; or
- (f) a report that is required to be filed under subsection 478.02(1).
S.C. 2003, c. 19, s. 23.
Deregistration – failure to file return
403.19 The Chief Electoral Officer may deregister a registered association if its financial agent fails to provide the Chief Electoral Officer with a document for a fiscal year in accordance with subsection 403.35(1).
S.C. 2003, c. 19, s. 23.
403.2 (1) On application by a registered association to become deregistered, signed by its chief executive officer and the financial agent, the Chief Electoral Officer may deregister the association.
Deregistration at the request of the party
(2) On application by a registered party, signed by its leader and two of its officers, to deregister one of its registered associations, the Chief Electoral Officer shall deregister the association.
Exception
(3) Subsections (1) and (2) do not apply during an election period in the electoral district of the registered association.
S.C. 2003, c. 19, s. 23.
Procedure for non-voluntary deregistration
403.21 (1) If the Chief Electoral Officer believes on reasonable grounds that a registered association or its financial agent has omitted to perform any obligation referred to in section 403.18 or 403.19, the Chief Electoral Officer shall, in writing, notify the chief executive officer and the financial agent of the association that the association or financial agent must
- (a) rectify the omission by the discharge of those obligations within 30 days after receipt of the notice; or
- (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.
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 403.18 or 403.19; or
- (b) specifying a period for compliance with the obligations referred to in paragraph (1)(a).
Copy of notice
(3) A copy of any notice or amendment under subsection (1) or (2) shall be sent to the leader and the chief agent of the registered party with which the registered association is affiliated.
Deregistration
(4) The Chief Electoral Officer may deregister a registered association if the association or its financial agent fails to comply with a notice referred to in subsection (1) or with an amended notice under subsection (2).
S.C. 2003, c. 19, s. 23.
Electoral Boundaries Readjustment Act
403.22 (1) If the boundaries of an electoral district are revised as a result of a representation order under section 25 of the Electoral Boundaries Readjustment Act, a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice must be accompanied by a consent signed by the leader of the registered party with which it is affiliated.
Effect of continuation
(2) If a notice has been filed under subsection (1), on the coming into force of the representation order, the registered association is continued as the registered association for the electoral district specified in the notice and assumes all the rights and obligations of the association for the former electoral district.
Deregistration
(3) Any registered association in an electoral district whose boundaries are revised as a result of a representation order under section 25 of the Electoral Boundaries Readjustment Act that does not give a notice under subsection (1) is deregistered on the day on which the representation order comes into force under subsection 25(1) of that Act and, despite paragraph 403.01(c), may transfer goods or funds to the registered party with which it is affiliated or to any of its registered associations in the six months after that day. Any such transfer is not a contribution for the purposes of this Act.
Pre-registration
(4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 403.02 for the registration of an electoral district association for an electoral district that is created by – or whose boundaries are revised as a result of – the order. Any resulting registration does not take effect before the order comes into force.
Applicant deemed to be electoral district association
(5) The applicant in an application referred to in subsection (4) is deemed to be an electoral district association as of the date on which the application is received by the Chief Electoral Officer.
S.C. 2003, c. 19, s. 23.
403.23 (1) If the Chief Electoral Officer deregisters a registered association under section 403.2 or subsection 403.21(4), the Chief Electoral Officer shall so notify in writing 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, the association and the registered party with which it is affiliated.
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 day on which the notice is sent.
S.C. 2003, c. 19, s. 23.
403.24 (1) If a registered association is deregistered for any reason other than the deregistration of the political party with which it is affiliated, the Chief Electoral Officer shall without delay cause a notice of deregistration to be published in the Canada Gazette.
Entry of deregistration in registry of electoral district associations
(2) The Chief Electoral Officer shall indicate any deregistration of a registered association in the registry of electoral district associations.
S.C. 2003, c. 19, s. 23.
403.25 A deregistered electoral district association continues to have the obligations of a registered association for the application of section 403.26.
S.C. 2003, c. 19, s. 23.
403.26 The financial agent of a deregistered electoral district association shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with the documents referred to in subsection 403.35(1) for
- (a) the portion of its current fiscal period ending on the day of its deregistration; and
- (b) any earlier fiscal period for which those documents have not already been provided under that subsection.
S.C. 2003, c. 19, s. 23.
Financial Administration of Registered
Associations
General
403.27 The financial agent of a registered association is responsible for administering its financial transactions and for reporting on them, in accordance with the provisions of this Act.
S.C. 2003, c. 19, s. 23.
403.28 (1) No person or entity, other than an electoral district agent of a registered association, shall pay the registered association's expenses.
Prohibition – incurring expenses
(2) No person or entity, other than an electoral district agent of a registered association, shall incur the registered association's expenses.
Prohibition – accepting contributions
(3) No person, other than an electoral district agent of a registered association shall accept contributions to the registered association.
Prohibition – transfers
(4) No person, other than the financial agent of a registered association, shall accept or make transfers of goods or funds on behalf of the association.
S.C. 2003, c. 19, s. 23.
Processing of Expense Claims
Three months to send expense claims
403.29 (1) A person with a claim to be paid for an expense of a registered association shall, within three months after the expense was incurred, send the invoice or other document evidencing the claim to the registered association or one of its electoral district agents.
Bar to recovery
(2) A claimant is barred from recovery of a claim that is sent after the three-month period.
Deceased claimant
(3) If a claimant dies before the end of the three-month period, a new three-month period begins, for the purposes of subsection (1), on the day on which the claimant's legal representative becomes entitled to act for the claimant.
S.C. 2003, c. 19, s. 23.
403.3 A claim that has been sent in accordance with section 403.29 must be paid within six months after payment of it is due.
S.C. 2003, c. 19, s. 23.
Irregular claims or payments – Chief Electoral Officer
403.31 (1) On the written application of a claimant with a claim to be paid for an expense of a registered association or of an electoral district agent, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the electoral district agent of the registered association to pay the amount claimed if
- (a) the claim was not sent in accordance with subsection 403.29(1); or
- (b) the payment was not made in accordance with section 403.3.
Terms and conditions
(2) The Chief Electoral Officer may fix any term or condition that he or she considers appropriate on a payment authorized under subsection (1).
S.C. 2003, c. 19, s. 23.
Irregular claims or payments – judge
403.32 On the application of a person who has a claim to be paid for an expense of a registered association or of an electoral district agent of the association, a judge who is competent to conduct a recount, on being satisfied that there are reasonable grounds for so doing, may by order authorize the electoral district agent to pay the amount claimed if
- (a) the applicant establishes that an authorization under subsection 403.31(1) has been refused and that the claim was sent after the three-month period referred to in subsection 403.29(1) or the payment has not been made in the six-month period referred to in section 403.3; or
- (b) the amount claimed has not been paid in accordance with an authorization obtained from the Chief Electoral Officer under subsection 403.31(1) and the applicant establishes that he or she was unable to comply with that authorization for reasons beyond his or her control.
S.C. 2003, c. 19, s. 23.
Proceeding to recover claimed payments
403.33 (1) A person who has sent a claim in accordance with section 403.29 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount
- (a) at any time, if the electoral district agent refuses to pay that amount or disputes that it is payable; or
- (b) after the end of the period referred to in section 403.3 or any extension of that period authorized by subsection 403.31(1) or section 403.32, in any other case.
Payment deemed properly made
(2) An amount paid by an electoral district agent of a registered association as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act.
S.C. 2003, c. 19, s. 23.
403.34 (1) An unpaid claim mentioned in a return referred to in subsection 403.35(1) that, on the day that is 18 months after the end of the fiscal period to which the return relates, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the registered association made as of the day on which the expense was incurred.
When no deemed contribution
(2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection,
- (a) is the subject of a binding agreement to pay;
- (b) is the subject of a legal proceeding to secure its payment;
- (c) is the subject of a dispute as to the amount the association was liable to pay or the amount that remains unpaid; or
- (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor's normal accounting practices.
Notice by association
(3) The financial agent of a registered association who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1).
Publication of deemed contributions
(4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions.
S.C. 2003, c. 19, s. 23.
Financial Reporting
Return on financial transactions
403.35 (1) The financial agent of a registered association shall, for each fiscal period of the association, provide to the Chief Electoral Officer
- (a) a financial transactions return, substantially in the prescribed form, on the association's financial transactions;
- (b) the auditor's report on the financial transactions return, if one is required under subsection 403.37(1); and
- (c) a declaration in the prescribed form by the financial agent that the financial transactions return is complete and accurate.
- (d) [Repealed]
Contents of return
(2) A financial transactions return must set out
- (a) a statement of contributions received by the registered association;
- (b) the number of contributors;
- (c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each such contribution and the date on which it was received by the association;
- (d) [Repealed]
- (e) a statement of the registered association's assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of
- (i) disputed claims under section 403.33, and
- (ii) unpaid claims that are, or may be, the subject of an application referred to in subsection 403.31(1) or section 403.32;
- (f) a statement of the registered association's revenues and expenses in accordance with generally accepted accounting principles;
- (g) a statement of the commercial value of goods or services provided and of funds transferred by the registered association to the registered party, to another registered association or to a candidate endorsed by the registered party;
- (h) a statement of the commercial value of goods or services provided and of funds transferred to the registered association from the registered party, another registered association, a candidate, a leadership contestant or a nomination contestant;
- (i) a statement of loans or security received by the registered association, including any conditions on them;
- (i.1) a statement that provides full disclosure of financial loans for the purposes of the campaign, including interest rates, repayment schedules and the name of the lender; and
- (j) a statement of contributions received by the registered association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.
Loans
(3) For the purpose of subsection (2), other than paragraph (2)(j), a contribution includes a loan.
Period for providing documents
(4) The financial agent of a registered association shall provide the documents referred to in subsection (1) within five months after the end of the fiscal period.
S.C. 2003, c. 19, s. 23; S.C. 2006, c. 9, s. 41.
When contributions forwarded to Receiver General
403.36 The financial agent of a registered association shall, without delay, pay an amount of money equal to the value of a contribution received by the association to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $20, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known.
S.C. 2003, c. 19, s. 23; S.C. 2006, c. 9, s. 42.
403.37 (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $5,000 or more in total or incurred expenses of $5,000 or more in total shall report to the association's financial agent on the financial transactions return of the association and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether it presents fairly the information contained in the financial records on which it is based.
Statement
(2) The auditor shall include in the report under subsection (1) any statement the auditor considers necessary if
- (a) the financial transactions return that is the subject of the report does not present fairly the information contained in the financial records on which it is based; or
- (b) based on the examination, it appears that proper accounting records have not been kept by the registered association.
Right of access
(3) The auditor shall have access at any reasonable time to all documents of the association and may require the financial agent and electoral district agents of the association to provide any information or explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.
S.C. 2003, c. 19, s. 23.
Prohibition – financial reports
403.38 No financial agent of a registered association shall provide the Chief Electoral Officer with a financial transactions return that
- (a) the financial agent knows or ought reasonably to know contains a materially false or misleading statement; or
- (b) does not substantially set out the information required by subsection 403.35(2).
S.C. 2003, c. 19, s. 23.
Payment of Audit Expenses
403.39 (1) On receipt of the documents referred to in subsection 403.35(1) and a copy of the auditor's invoice, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount, up to a maximum of $1,500, of the expenses incurred for the audit made under subsection 403.37(1).
Payment
(2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.
S.C. 2003, c. 19, s. 23.
Corrections and Extended Reporting Periods
Minor corrections – Chief Electoral Officer
403.4 (1) The Chief Electoral Officer may correct a document referred to in subsection 403.35(1) if the correction does not materially affect its substance.
Corrections at request of Chief Electoral Officer
(2) The Chief Electoral Officer may in writing request a registered association to correct, within a specified period, a document referred to in subsection 403.35(1).
S.C. 2003, c. 19, s. 23.
Extension or correction – Chief Electoral Officer
403.41 (1) The Chief Electoral Officer, on the written application of the financial agent of a registered association or, if the financial agent is absent or incapacitated, the chief executive officer of the association, may authorize
- (a) the extension of a period provided in subsection 403.35(4); or
- (b) the correction, within a specified period, of a document referred to in subsection 403.35(1).
Deadline
(2) An application may be made
- (a) under paragraph (1)(a), within the period provided in subsection 403.35(4); and
- (b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction.
Grounds
(3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of
- (a) the absence, death, illness or misconduct of the financial agent or a predecessor;
- (b) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or
- (c) inadvertence or an honest mistake of fact.
S.C. 2003, c. 19, s. 23.
Extension or correction – judge
403.42 (1) The financial agent of a registered association or, if the financial agent is absent or incapacitated, the chief executive officer of the association, may apply to a judge who is competent to conduct a recount for an order
- (a) relieving the association from complying with a request referred to in subsection 403.4(2); or
- (b) authorizing an extension referred to in paragraph 403.41(1)(a) or correction referred to in paragraph 403.41(1)(b).
The applicant shall notify the Chief Electoral Officer of the application.
Deadline
(2) An application may be made
- (a) under paragraph (1)(a), within the specified period referred to in subsection 403.4(2) or within the two weeks after the expiration of that period; or
- (b) under paragraph (1)(b), within two weeks after, as the case may be,
- (i) the rejection of an application, made in accordance with section 403.41, for the extension or correction, or
- (ii) the expiration of the extended period or specified period authorized under paragraph 403.41(1)(a) or (b).
Grounds
(3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 403.41(3).
Contents of order
(4) An order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.
Date of authorization
(5) For the purposes of this Act, an extension or correction referred to in subsection (1) is authorized on the date of the order or, if the order specifies that conditions are to be met, the date as of which the applicant has met them.
S.C. 2003, c. 19, s. 23.
Federal Electoral Legislation – Contents