Canada Elections Act (S.C. 2000, c. 9)

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Inflation Adjustment Factor

Marginal note:Inflation adjustment factor

 Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette an inflation adjustment factor that is in effect for a period of one year beginning on that date. It shall be a fraction with

  • (a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and

  • (b) a denominator that is 108.6, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1998, calculated on the basis of 1992 being equal to 100.

  • 2000, c. 9, s. 384;
  • 2004, c. 24, s. 15;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

DIVISION 2Political Parties

SUBDIVISION ARegistration of Political Parties

Application for Registration

Marginal note:Application for registration
  •  (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.

  • Marginal note:Contents of application

    (2) The application for registration shall include

    • (a) the political party’s full name;

    • (b) the party’s short-form name, 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 party’s leader 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 party’s office where records are maintained and to which communications may be addressed;

    • (f) the names and addresses of the party’s officers and their signed consent to act in that capacity;

    • (g) the name and address of the party’s auditor and their signed consent to act in that capacity;

    • (h) the name and address of the party’s chief agent and their signed consent to act in that capacity;

    • (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.

  • Marginal note: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 information about the factors described in subsection 521.1(5).

  • 2000, c. 9, s. 385;
  • 2003, c. 19, s. 13;
  • 2004, c. 24, s. 16;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Withdrawal of application

 A leader who has made an application under subsection 385(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.

  • 2000, c. 9, s. 386;
  • 2003, c. 19, s. 14;
  • 2014, c. 12, s. 86.
Marginal note:Eligibility for registration

 A political party whose leader has made an application under subsection 385(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 385(2) and that the information is accurate.

  • 2000, c. 9, s. 387;
  • 2003, c. 19, s. 15;
  • 2014, c. 12, s. 86.
Marginal note:Preservation of name

 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 shall be accepted — and no report under section 405 is effective — if the application or report 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 or logo that it had at the time of its deregistration, the Chief Electoral Officer shall not refuse the application on the ground that it does not comply with subparagraph 387(a)(i).

  • 2000, c. 9, s. 388;
  • 2003, c. 19, s. 16;
  • 2014, c. 12, s. 86.
Marginal note:Notification of eligibility
  •  (1) The Chief Electoral Officer shall, as soon as feasible after the day on which the application is received, inform the leader of a political party who has applied for the party to become registered whether or not the party is eligible for registration under section 387. If the party is not eligible, the Chief Electoral Officer shall also indicate which of that section’s requirements have not been met.

  • Marginal note:Loss of eligibility

    (2) A political party whose leader has been informed under subsection (1) that it is eligible loses its eligibility if

    • (a) it contravenes any of section 391, subsection 395(1), sections 399 to 402, subsections 405(1), (3) and (4) and 406(1) and section 407;

    • (b) one of its officers is not eligible under subsection 395(2) and the party has not complied with subsections 395(3) and (4);

    • (c) its chief agent is not eligible under section 397 and the party has not complied with section 400; or

    • (d) its auditor is not eligible under section 398 and the party has not complied with section 400.

  • 2000, c. 9, s. 389;
  • 2003, c. 19, s. 17;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Registration
  •  (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 and has not been withdrawn.

  • Marginal note: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.

  • Marginal note:Notification

    (3) The Chief Electoral Officer shall, as soon as feasible after the end of 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.

  • Marginal note:Loss of eligibility

    (4) An eligible party, other than one referred to in subsection (2), loses its eligibility on being informed under paragraph (3)(b) that it has not been registered.

  • Marginal note:Eligible party deemed registered

    (5) For the purposes of sections 363, 367, 376, 430, 437 and 444, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs.

  • 2000, c. 9, s. 390;
  • 2003, c. 19, s. 19;
  • 2014, c. 12, s. 86.
 
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