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

Marginal note:Report on regulated fundraising event organized by registered party

• 384.3 (1) If a registered party organizes all or part of a regulated fundraising event for its own financial benefit or for the financial benefit of one of its registered associations, nomination contestants, candidates or leadership contestants, the registered party’s chief agent shall provide the Chief Electoral Officer with a report, in the prescribed form, on the regulated fundraising event.

• Marginal note:Contents of report

  (2) Subject to subsection (3), the report referred to in subsection (1) shall set out the following:

  • (a) the date, time and location of the regulated fundraising event;

  • (b) the name of each entity or person referred to in paragraph 384.1(1)(a) for whose financial benefit the event was organized;

  • (c) the name of each person referred to in subparagraph 384.1(1)(b)(i) who attended the event;

  • (d) the name of each person — other than any person referred to in paragraph (c) — who attended the event, along with the name of their municipality or its equivalent, their province and their postal code;

  • (e) the total amount of contributions that a person was required to have made, or the amount that they were required to have paid, in order to attend the event; and

  • (f) the name of each person or entity that organized the event or any part of it.

• Marginal note:Information not to be included in report

  (3) The registered party’s chief agent shall not include in the report referred to in subsection (1) the name of any of the following persons who attended the regulated fundraising event, nor the name of their municipality or its equivalent, their province or their postal code:

  • (a) any person who was under 18 years of age on the day on which the event took place;

  • (a.1) any person who attended the event solely to assist a person with a disability;

  • (b) any person who attended the event solely because they were employed in the organization of the event;

  • (c) any of the following persons who attended the event solely in the course of their employment:

    • (i) an employee or other representative of any media organization, as well as any freelance journalist, and

    • (ii) a member of the support staff, including security staff, of any person referred to in subparagraph 384.1(1)(b)(i) who attended the event; and

  • (d) any person who attended the event solely in order to provide volunteer labour.

• Marginal note:Regulated fundraising event not organized by registered party

  (4) If a regulated fundraising event is organized entirely by one or more persons or entities other than the registered party for whose financial benefit the event is organized, or for the financial benefit of whose registered association, nomination contestant, candidate or leadership contestant the event is organized, each person or entity that organizes the event or any part of it shall, subject to subsection (5), provide the information set out in subsection (2) to the registered party in time for the registered party’s chief agent to be able to provide the Chief Electoral Officer with a report on the event as required under subsection (6).

• Marginal note:Updating information provided

  (4.1) If a person or entity referred to in subsection (4) becomes aware, after providing information to a registered party under that subsection or this subsection, of any change to that information, the person or entity shall provide the new information to the registered party as soon as feasible after becoming aware of the change.

• Marginal note:Information not to be provided

  (5) No person or entity referred to in subsection (4) or (4.1) shall include in the information provided to the registered party under that subsection the name of any person referred to in paragraphs (3)(a) to (d) who attended the regulated fundraising event, nor the name of their municipality or its equivalent, their province or their postal code.

• Marginal note:Report on regulated fundraising event

  (6) If at least one person or entity referred to in subsection (4) complies with the obligation under that subsection — to provide information to the registered party in time for the registered party’s chief agent to be able to provide the Chief Electoral Officer with the report — that chief agent shall provide the Chief Electoral Officer with a report, in the prescribed form, on the regulated fundraising event setting out that information.

• Marginal note:Period for providing report

  (6.1) The registered party’s chief agent shall provide the Chief Electoral Officer with the reports referred to in subsections (1) and (6) within 30 days after the day the regulated fundraising event takes place.

• Marginal note:Exception — election period

  (7) Subsections (1) to (6.1) do not apply in respect of a regulated fundraising event that takes place during the election period of a general election.

• Marginal note:Election period

  (8) A registered party’s chief agent shall provide the Chief Electoral Officer with a single report, in the prescribed form, on all the regulated fundraising events that were held during the election period for a general election and

  • (a) all or part of which were organized by the registered party for its own financial benefit or for the financial benefit of one of its registered associations, nomination contestants, candidates or leadership contestants; or

  • (b) in respect of which at least one person or entity that organized the event or any part of it complied with the obligation under subsection (9).

• Marginal note:Period for providing report

  (8.1) The registered party’s chief agent shall provide the Chief Electoral Officer with the report referred to in subsection (8) within 60 days after polling day at the general election.

• Marginal note:Regulated fundraising event not organized by registered party

  (9) If a regulated fundraising event that was held during the election period for a general election was organized entirely by one or more persons or entities other than the registered party for whose financial benefit the event was organized, or for the financial benefit of whose registered association, nomination contestant, candidate or leadership contestant the event was organized, each person or entity that organized the event or any part of it shall, subject to subsection (10), provide the information set out in subsection (2) to the registered party in time for the registered party’s chief agent to be able to provide the Chief Electoral Officer with the report as required under subsection (8).

• Marginal note:Updating information provided

  (9.1) If a person or entity referred to in subsection (9) becomes aware, after providing information to a registered party under that subsection or this subsection, of any change to that information, the person or entity shall provide the new information to the registered party as soon as feasible after becoming aware of the change.

• Marginal note:Information not to be provided

  (10) No person or entity referred to in subsection (9) or (9.1) shall include in the information provided to the registered party under that subsection the name of any person referred to in paragraphs (3)(a) to (d) who attended the regulated fundraising event, nor the name of their municipality or its equivalent, their province or their postal code.

• Marginal note:Contents of report

  (11) Subject to subsection (12), the report referred to in subsection (8) shall set out the information referred to in subsection (2) for each regulated fundraising event referred to in subsection (8).

• Marginal note:Information not to be included in report

  (12) The registered party’s chief agent shall not include in the report referred to in subsection (8), in respect of a given regulated fundraising event, the name of any person referred to in paragraphs (3)(a) to (d) who attended that event, nor the name of their municipality or its equivalent, their province or their postal code.

• Marginal note:Publication of reports

  (13) The Chief Electoral Officer shall publish reports provided under subsections (1), (6) and (8), and any corrected or revised versions of those reports, as soon as feasible after receiving them, in the manner that he or she considers appropriate.

Contributions

Marginal note:Return of contributions

384.4 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution in respect of a regulated fundraising event in respect of which section 384.2 or 384.3 is not complied with, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the non-compliance, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

Corrections, Revisions and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer

384.5 The Chief Electoral Officer may correct a report referred to in subsection 384.3(1), (6) or (8) if the correction does not materially affect its substance.

Marginal note:Extensions — Chief Electoral Officer

• 384.6 (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the extension of the period referred to in subsection 384.3(6.1) or (8.1) unless he or she is satisfied that the chief agent’s failure to provide the report was deliberate or was the result of the chief agent’s failure to exercise due diligence.

• Marginal note:Deadline

  (2) The application may be made within the period referred to in subsection 384.3(6.1) or (8.1) or within two weeks after the end of that period.

Marginal note:Corrections or revisions — Chief Electoral Officer

• 384.7 (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the correction or revision of a report referred to in subsection 384.3(1), (6) or (8) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

• Marginal note:Application made without delay

  (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.

• Marginal note:Deadline for corrections or revisions

  (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the report within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

• Marginal note:New deadline

  (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the report was deliberate or was the result of the applicant’s failure to exercise due diligence.

• Marginal note:Extension of new deadline

  (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the report was deliberate or was the result of the applicant’s failure to exercise due diligence.

Marginal note:Extensions, corrections or revisions — judge

• 384.8 (1) The chief agent of a registered party or, if the chief agent is absent or unable to perform their duties, its leader, may apply to a judge for an order

  • (a) authorizing an extension referred to in subsection 384.6(1); or

  • (b) authorizing a correction or revision referred to in subsection 384.7(1).

  The applicant shall notify the Chief Electoral Officer that the application has been made.

• Marginal note:Deadline

  (2) The application may be made

  • (a) under paragraph (1)(a), within two weeks after, as the case may be,

    • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 384.6(2), the end of the two-week period referred to in that subsection,

    • (ii) the rejection of an application for an extension made in accordance with section 384.6, or

    • (iii) the end of the extended period referred to in subsection 384.6(1); or

  • (b) under paragraph (1)(b), within two weeks after the rejection of an application for a correction or revision made in accordance with section 384.7.

• Marginal note:Grounds — extension

  (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the chief agent’s failure to provide the required report was deliberate or was the result of the chief agent’s failure to exercise due diligence.

• Marginal note:Grounds — corrections or revisions

  (4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

• Marginal note:Contents of order

  (5) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

DIVISION 2Political Parties

SUBDIVISION ARegistration of Political Parties

Application for Registration

Marginal note:Application for registration

• 385 (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;

  • (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;

  • (k) the party’s policy for the protection of personal information, including

    • (i) a statement indicating the types of personal information that the party collects and how it collects that information,

    • (ii) a statement indicating how the party protects personal information under its control,

    • (iii) a statement indicating how the party uses personal information under its control and under what circumstances that personal information may be sold to any person or entity,

    • (iv) a statement indicating the training concerning the collection and use of personal information to be given to any employee of the party who could have access to personal information under the party’s control,

    • (v) a statement indicating the party’s practices concerning

      • (A) the collection and use of personal information created from online activity, and

      • (B) its use of cookies, and

    • (vi) the name and contact information of a person to whom concerns regarding the party’s policy for the protection of personal information can be addressed; and

  • (l) the address of the page — accessible to the public — on the party’s Internet site where its policy for the protection of personal information is published under subsection (4).

• Marginal note:Short-form name

  (2.1) The Chief Electoral Officer may establish a maximum length for a political party’s short-form name that is to be shown in election documents.

• 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).

• Marginal note:Publication of policy for the protection of personal information

  (4) A political party shall publish on its Internet site its policy for the protection of personal information referred to in paragraph (2)(k) before its leader applies under this section for the party to become a registered party.