Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
Marginal note:2014, c. 12, s. 86
271 Section 450 of the Act is replaced by the following:
Marginal note:Prohibition — incurring partisan advertising expenses, etc.
449.1 (1) No electoral district association of a registered party shall
(a) incur partisan advertising expenses in relation to partisan advertising messages that promote or oppose a registered party or an eligible party and that are transmitted during a pre-election period; or
(b) transmit or cause to be transmitted, during a pre-election period, partisan advertising messages that promote or oppose a registered party or an eligible party.
Marginal note:Exception
(2) Despite paragraph (1)(a), an electoral district association of a registered party may incur partisan advertising expenses to the extent that the goods or services that the partisan advertising expense is incurred for are
(a) provided to that party, if permitted under paragraph 364(2)(b); or
(b) sold to that party.
Marginal note:Exception
(3) Despite subsection (1), an electoral district association of a registered party may
(a) incur partisan advertising expenses for the transmission of partisan advertising messages referred to in paragraph (1)(a) to the extent that those messages are intended to be transmitted solely, or substantially solely, within the association’s electoral district; and
(b) transmit or cause to be transmitted partisan advertising messages referred to in paragraph (1)(b) to the extent that those messages are transmitted solely, or substantially solely, within the association’s electoral district.
Marginal note:Message to be authorized
449.2 A registered association that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the association’s electoral district agents.
Marginal note:Prohibition — incurring election expenses
450 (1) No electoral district association of a registered party shall incur election expenses.
Marginal note:Election expenses — electoral district associations
(1.1) For the purposes of subsection (1),
(a) election expense has the meaning given to that expression by subsection 376(1), except that the reference to “a registered party or a candidate” is to be read as a reference to “an electoral district association”; and
(b) subsections 376(2) to (4) apply, other than paragraph 376(3)(c), except that the reference to “a registered party or a candidate” in subsection 376(4) is to be read as a reference to “an electoral district association”.
Marginal note:Exception
(1.2) Despite subsection (1), an electoral district association of a registered party may incur an election expense to the extent that the property or service that the cost was incurred for or the non-monetary contribution was received for — or the goods or services that were accepted — are
(a) provided to that party, a registered association of that party or a candidate endorsed by that party, if permitted under paragraph 364(2)(b); or
(b) sold to that party or a candidate endorsed by that party.
Marginal note:Uncancellable transmission
(2) 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, an electoral district association is deemed not to have incurred an election expense for election advertising if, on the issue of the writ or writs, it is not able to cancel the transmission of the election advertising message that the expense is in relation to.
Marginal note:2014, c. 12, s. 86
272 The portion of section 464 of the Act before paragraph (a) is replaced by the following:
Marginal note:Confirmation of registration yearly
464 On or before May 31 of every year a registered association shall provide the Chief Electoral Officer with
Marginal note:2014, c. 12, s. 86
273 Subsection 469(4) of the Act is replaced by the following:
Marginal note: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 448 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. The electoral district association may be registered at any time on or after the day on which the application is made.
Marginal note:2014, c. 12, s. 86
274 Subsection 475.6(1) of the Act is replaced by the following:
Marginal note:Auditor’s report
475.6 (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $10,000 or more in total or incurred expenses of $10,000 or more in total shall report to the association’s financial agent on the association’s financial transactions return 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 the return presents fairly the information contained in the financial records on which it is based.
275 Section 475.8 of the Act is amended by adding the following after subsection (2):
Marginal note:Inflation adjustment factor
(3) The $1,500 amount set out in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the last day of the registered association’s fiscal period to which the auditor’s report relates.
Marginal note:2014, c. 12, s. 86
276 The heading before section 476 of the French version of the Act is replaced by the following:
Définition
Marginal note:2014, c. 12, s. 86
277 Section 476 of the Act is replaced by the following:
Marginal note:Definition of selection date
476 In this Division, selection date means the date on which a nomination contest is decided. (date de désignation)
Marginal note:2014, c. 12, s. 86
278 Subsection 476.65(3) of the Act is replaced by the following:
Marginal note:Deposits into account
(3) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the contestant’s own funds and those funds are used to pay a litigation expense or a personal expense.
Marginal note:Payments from account
(3.1) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the contestant’s own funds of a litigation expense or a personal expense.
Marginal note:2014, c. 12, s. 86
279 (1) Subsection 476.66(4) of the Act is replaced by the following:
Marginal note:Prohibition — paying nomination campaign expenses
(4) No person or entity, other than a nomination contestant’s financial agent, shall pay the contestant’s nomination campaign expenses except for
(a) a litigation expense;
(b) travel and living expenses;
(c) a personal expense; or
(d) a petty expense referred to in section 381.
Marginal note:2014, c. 12, s. 86
(2) Subsection 476.66(6) of the Act is replaced by the following:
Marginal note:Prohibition — paying contestant’s personal expenses, etc.
(6) No person or entity, other than the nomination contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).
Marginal note:2014, c. 12, s. 86
280 The portion of section 476.67 of the Act before paragraph (b) is replaced by the following:
Marginal note:Limits on nomination contest expenses
476.67 The limit for nomination contest expenses that is allowed for a nomination contestant in an electoral district is the amount
(a) that is 20% of the election expenses limit that was calculated under subsection 477.49(1) for that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or
Marginal note:2014, c. 12, s. 86
281 Subsection 476.68(1) of the Act is replaced by the following:
Marginal note:Prohibition — exceeding expense limit
476.68 (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination contest expenses in an amount that is more than the limit allowed for that electoral district under section 476.67.
Marginal note:2014, c. 12, s. 86
282 (1) Paragraph 476.75(2)(a) of the Act is replaced by the following:
(a) a statement of nomination contest expenses;
(a.1) a statement of litigation expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;
(a.2) a statement of travel and living expenses;
(a.3) a statement of personal expenses that includes an indication of which of those expenses were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them;
(a.4) a statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);
Marginal note:2014, c. 12, s. 86
(2) Paragraph 476.75(2)(h) of the Act is replaced by the following:
(h) a statement of the funds transferred by the nomination contestant to a registered party, a registered association or a candidate;
Marginal note:2014, c. 12, s. 86
(3) Subsection 476.75(3) of the Act is replaced by the following:
Marginal note:Supporting documents
(3) Together with the nomination campaign return, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement referred to in subsection 476.82(1).
(4) Subsection 476.75(9) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the Chief Electoral Officer is deemed to have received the declaration for the purpose of section 476.901.
Marginal note:2014, c. 12, s. 86
283 (1) Paragraphs 476.82(1)(a) and (b) of the Act are replaced by the following:
(a) sets out the following:
(i) the amount of any travel and living expenses paid by the contestant and details of those expenses, and
(ii) the amount of any litigation expenses and personal expenses paid by the contestant, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 476.65(1) and the source of the funds used to pay them; or
(b) declares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.
(2) Section 476.82 of the Act is amended by adding the following after subsection (1):
Marginal note:Supporting documents
(1.1) Together with the statement referred to in paragraph (1)(a), the nomination contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.
(3) Section 476.82 of the Act is amended by adding the following after subsection (2):
Marginal note:Subsequent payments — litigation expenses
(3) If, after having sent their financial agent the statement referred to in subsection (1), a nomination contestant pays a litigation expense other than from the bank account referred to in subsection 476.65(1), the contestant shall, as soon as feasible after paying it,
(a) notify their financial agent of the payment;
(b) inform their financial agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; and
(c) send their financial agent documents evidencing payment of the expense.
284 The Act is amended by adding the following after section 476.89:
Marginal note:Prohibition — false or misleading declaration
476.891 No nomination contestant shall send to their financial agent a declaration referred to in paragraph 476.75(1)(d) that they know or reasonably ought to know is false or misleading.
Marginal note:2014, c. 12, s. 86
285 Section 476.9 of the Act is replaced by the following:
Marginal note:Prohibition — false, misleading or incomplete document
476.9 No financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(1), (10), (11), (12) or (15) that
(a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or
(b) in the case of a document referred to in paragraph 476.75(1)(a), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(10), (11), (12) or (15), does not substantially set out the information required under that subsection.
Payment of Audit Expenses
Marginal note:Certificate
476.901 (1) On receipt of the documents referred to in subsection 476.75(1), including the auditor’s report, and a copy of the auditor’s invoice for the report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of
(a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the nomination contestant’s nomination contest expenses and $1,500, and
(b) $250.
Marginal note: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.
Marginal note:Inflation adjustment factor
(3) The $1,500 amount set out in paragraph (1)(a) and the $250 amount set out in paragraph (1)(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the selection date.
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