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Canada Elections Act

Version of section 359 from 2003-01-01 to 2019-06-12:


Marginal note:Election advertising report

  •  (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an election advertising report in the prescribed form with the Chief Electoral Officer within four months after polling day.

  • Marginal note:Contents of report

    (2) An election advertising report shall contain

    • (a) in the case of a general election,

      • (i) a list of election advertising expenses referred to in subsection 350(2) and the time and place of the broadcast or publication of the advertisements to which the expenses relate, and

      • (ii) a list of all election advertising expenses other than those referred to in subparagraph (i) and the time and place of broadcast or publication of the advertisements to which the expenses relate; and

    • (b) in the case of a by-election, a list of election advertising expenses referred to in subsection 350(4) and the time and place of the broadcast or publication of the advertisements to which the expenses relate.

  • Marginal note:When no expenses

    (3) If a third party has not incurred expenses referred to in paragraph (2)(a) or (b), that fact shall be indicated in its election advertising report.

  • Marginal note:Contributions

    (4) The election advertising report shall include

    • (a) the amount, by class of contributor, of contributions for election advertising purposes that were received in the period beginning six months before the issue of the writ and ending on polling day;

    • (b) for each contributor who made contributions of a total amount of more than $200 for election advertising purposes during the period referred to in paragraph (a), subject to paragraph (b.1), their name, address and class, and the amount and date of each contribution;

    • (b.1) 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

    • (c) 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 for election advertising expenses.

  • Marginal note:Loans

    (5) For the purpose of subsection (4), a contribution includes a loan.

  • Marginal note:Categories

    (6) 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 must be provided

    (7) If the third party is unable to identify which contributions were received for election advertising purposes in the period referred to in paragraph (4)(a), it must list, subject to paragraph (4)(b.1), the names and addresses of every contributor who donated a total of more than $200 to it during that period.

  • Marginal note:Declaration

    (8) An election advertising report shall include the signed declarations of the financial agent and, if different, of the person who signed the application made under subsection 353(2) that the report is accurate.

  • Marginal note:Bills, receipts

    (9) A third party shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt in relation to an election advertising expense that is in an amount of more than $50.

  • 2000, c. 9, s. 359
  • 2001, c. 21, s. 20

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