Elections Modernization Act (S.C. 2018, c. 31)
Full Document:
- HTMLFull Document: Elections Modernization Act (Accessibility Buttons available) |
- PDFFull Document: Elections Modernization Act [2634 KB]
Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
Marginal note:2014, c. 12, ss. 78(1) and (2)
224 (1) Subsections 350(1) to (4.1) of the Act are replaced by the following:
Marginal note:Maximum election period expenses
350 (1) Subject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $350,000:
(a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a general election;
(b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and
(c) election survey expenses in relation to election surveys that are conducted during that period.
Marginal note:Maximum election period expenses — electoral district
(2) Not more than $3,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district.
Marginal note:Expenses — party leader
(3) The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.
Marginal note:Maximum election period expenses — by-election
(4) Subject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $3,000 in a given electoral district:
(a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a by-election;
(b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and
(c) election survey expenses in relation to election surveys that are conducted during that period.
Marginal note:Uncancellable spending
(4.1) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, or of a by-election, a third party is deemed not to have incurred a partisan activity expense, an election advertising expense or an election survey expense if, on the issue of the writ or writs, it is not able to cancel the activity, the transmission of the advertising message or the survey, as the case may be, that the expense is in relation to.
Marginal note:2014, c. 12, s. 78(2)
(2) Subsection 350(5) of the French version of the Act is replaced by the following:
Marginal note:Indexation
(5) Les sommes visées aux paragraphes (1), (2) et (4) sont multipliées par le facteur d’ajustement à l’inflation visé à l’article 384, applicable à la date de délivrance du ou des brefs.
Marginal note:2014, c. 12, s. 78(2)
(3) Subsection 350(6) of the Act is repealed.
Marginal note:2014, c. 12, s. 78.1
225 Sections 351 to 352 of the Act are replaced by the following:
Marginal note:Prohibition — circumventing maximum amount
351 A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, election advertising expenses and election survey expenses exceed the maximum amount.
Marginal note:Prohibition — collusion with registered party
351.01 (1) No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.
Marginal note:Prohibition — collusion with candidate
(2) No third party and no candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.
Marginal note:Prohibition — collusion with associated person
(3) No third party and no person associated with a candidate’s campaign — including a candidate’s official agent — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.
Marginal note:Prohibition — spending by foreign third parties
351.1 (1) A foreign third party shall not incur the following expenses:
(a) partisan activity expenses in relation to a partisan activity that is carried out during an election period;
(b) election advertising expenses in relation to an election advertising message that is transmitted during that period; and
(c) election survey expenses in relation to an election survey that is conducted during that period.
Marginal note:Definition of foreign third party
(2) In subsection (1), a foreign third party is a third party in respect of which
(a) if the third party is an individual, the individual
(i) is not a Canadian citizen,
(ii) is not a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, and
(iii) does not reside in Canada;
(b) if the third party is a corporation or entity,
(i) it does not carry on business in Canada, or its primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election, and
(ii) it was incorporated, formed or otherwise organized outside Canada; and
(c) if the third party is a group, no person who is responsible for the group
(i) is a Canadian citizen,
(ii) is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or
(iii) resides in Canada.
Marginal note:Advertising to name third party
352 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any election advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.
Marginal note:2014, c. 12, s. 79(1)
226 (1) Subsection 353(1) of the Act is replaced by the following:
Marginal note:Registration requirement for third parties
353 (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:
(a) partisan activity expenses in relation to partisan activities that are carried out during an election period;
(b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and
(c) election survey expenses in relation to election surveys that are conducted during that period.
However, the third party may not register before the issue of the writ.
Marginal note:Exception — deemed registration
(1.1) A third party that registered under subsection 349.6(1) during a pre-election period that ends the day before the day of the issue of the writ and that is also required to register under subsection (1) is deemed to be registered under that subsection (1).
Marginal note:2014, c. 12, s. 79(2)
(2) Paragraphs 353(2)(a) to (c) of the Act are replaced by the following:
(a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that
(i) they are a Canadian citizen,
(ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or
(iii) they reside in Canada;
(b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;
(b.1) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that
(i) they are a Canadian citizen,
(ii) they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or
(iii) they reside in Canada;
(c) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and
(3) Subsection 353(5) of the Act is replaced by the following:
Marginal note:Trade union or corporation
(5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, election advertising expenses and election survey expenses.
(4) Subsection 353(8) of the Act is replaced by the following:
Marginal note:Registration ends
(8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file a third-party expenses return under subsection 359(1).
227 (1) Subsection 354(1) of the French version of the Act is replaced by the following:
Marginal note:Nomination d’un agent financier
354 (1) Le tiers tenu de s’enregistrer en application du paragraphe 353(1) doit nommer un agent financier; celui-ci peut être la personne autorisée à signer la demande d’enregistrement visée à ce paragraphe.
(2) Section 354 of the Act is amended by adding the following after subsection (1):
Marginal note:Exception — deemed appointment
(1.1) If, at the end of the pre-election period before a general election referred to in paragraph 353(1)(a), a third party has a financial agent who was appointed under subsection 349.7(1), the financial agent is deemed to have been appointed under subsection (1).
(3) Paragraph 354(2)(c) of the English version of the Act is replaced by the following:
(c) an election officer or a member of the staff of a returning officer; and
228 (1) Subsection 355(1) of the Act is replaced by the following:
Marginal note:Requirement to appoint auditor
355 (1) A third party that is required to register under subsection 353(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:
(a) partisan activity expenses in respect of partisan activities that take place during an election period;
(b) election advertising expenses in respect of election advertising messages that are transmitted during that period; and
(c) election survey expenses in relation to that period.
Marginal note:Exception — deemed appointment
(1.1) If, when the obligation under subsection (1) to appoint an auditor applies, a third party has an auditor who was appointed under subsection 349.8(1), the auditor is deemed to have been appointed under subsection (1).
(2) Paragraph 355(3)(c) of the Act is replaced by the following:
(c) an election officer or a member of the staff of a returning officer;
229 Section 356 of the Act is repealed.
230 (1) Subsection 357(1) of the Act is replaced by the following:
Marginal note:Responsibilities of financial agent
357 (1) Every contribution made during an election period to a registered third party for partisan activity, election advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, election advertising expense and election survey expense incurred during an election period on behalf of a registered third party shall be authorized by its financial agent.
(2) Subsection 357(2) of the English version of the Act is replaced by the following:
Marginal note:Delegation
(2) A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, election advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.
(3) Subsection 357(3) of the Act is repealed.
231 The Act is amended by adding the following after section 357:
Marginal note:Interim third party expenses return
357.01 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 21st day before polling day, if the third party
(a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);
(b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before polling day; or
(c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).
Marginal note:Contents of return
(2) The interim third-party expenses return shall contain
(a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,
(i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,
(ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,
(iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and
(iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and
(b) in the case of any general election,
(i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,
(ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,
(iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and
(iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.
Marginal note:When no expenses
(3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.
Marginal note:Contributions
(4) The interim third-party expenses return shall include
(a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);
(b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution;
(c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and
(d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(b) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.
Marginal note:Exceptions
(5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed
(a) under subsection 359(1) in respect of
(i) a by-election that was held after the general election referred to in paragraph (1)(b), or
(ii) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1); or
(b) under subsection 349.91(1) or 349.92(1).
Marginal note:Loans
(6) For the purpose of subsection (4), a contribution includes a loan.
Marginal note:Categories
(7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:
(a) individuals;
(b) businesses;
(c) commercial organizations;
(d) governments;
(e) trade unions;
(f) corporations without share capital other than trade unions; and
(g) unincorporated organizations or associations other than trade unions.
Marginal note:Names to be provided
(8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(b) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.
Marginal note:Declaration
(9) The interim third-party expenses return shall include a declaration that the return is accurate signed by
(a) the third party’s financial agent; and
(b) if different from the financial agent, the person who signed the application made under subsection 349.6(2) or 353(2), as the case may be.
Marginal note:Supporting documents
(10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.
Marginal note:Interim third-party expenses return
357.02 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 7th day before polling day, if the third party
(a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);
(b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 9th day before polling day; or
(c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).
Marginal note:Section 357.01 applies
(2) Subsections 357.01(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(b) of section 357.01 shall be read as a reference to the period referred to in paragraph (1)(b) of this section.
Marginal note:Exception
(3) In addition to the exceptions set out in subsection 357.01(5), the interim third-party expenses return need not include any information referred to in subsections 357.01(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 357.01(1).
Marginal note:Prohibition — false, misleading or incomplete return
357.03 No third party shall file under subsection 357.01(1) or 357.02(1) an interim third-party expenses return that
(a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) does not substantially set out the information required under section 357.01 or 357.02, as the case may be.
Marginal note:Prohibition — use of certain contributions
357.1 No third party shall use a contribution for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) the contributor falls:
(a) a partisan activity that is carried out during an election period;
(b) an election advertising message that is transmitted during that period; and
(c) an election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit election advertising messages during that period.
Page Details
- Date modified: