An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other ActsCanada Elections ActCanada Elections20005
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E-2.0192000Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Canada Elections Act.
Interpretation
DefinitionsThe definitions in this subsection apply in this Act.advance poll means a vote held under Part 10. (vote par anticipation)advance polling station means a polling station established under subsection 168(3). (bureau de vote par anticipation)broadcaster means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking. (radiodiffuseur)broadcasting means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act. (radiodiffusion)Broadcasting Arbitrator means the person appointed as Broadcasting Arbitrator under subsection 332(1). (arbitre)by-election means an election other than a general election. (élection partielle)candidate means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not yet complied with sections 477.59 to 477.72 and 477.8 to 477.84 in respect of that election. (candidat)capital asset means any property with a commercial value of more than $200 that in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; andin the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest. (bien immobilisé)chief agent means the chief agent named in the application of a political party to become a registered party as required under paragraph 385(2)(h) or a chief agent’s replacement appointed under subsection 400(1). (agent principal)close of nominations means the deadline for the receipt of nominations set out in subsection 70(2). (clôture des candidatures)closing day for nominations means the day referred to in section 69. (jour de clôture)commercial value, in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, bythe person who provided it, if the person is in the business of providing that property or service; oranother person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business. (valeur commerciale)Commissioner means the Commissioner of Canada Elections appointed under subsection 509(1). (commissaire)common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)contribution means a monetary contribution or a non-monetary contribution. (contribution)election means an election of a member to serve in the House of Commons. (élection)election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not includethe transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; orthe making of telephone calls to electors only to encourage them to vote. (publicité électorale)election advertising expense means an expense incurred in relation tothe production of an election advertising message; andthe transmission of an election advertising message to the public. (dépenses de publicité électorale)election documents means the following documents:the writ with the return of the election endorsed on it;the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;the reserve supply of undistributed blank ballot papers;documents relating to the revision of the lists of electors;the statements of the vote from which the validation of results was made;the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, includingstubs and unused ballot papers,ballot papers cast for the various candidates,spoiled ballot papers,rejected ballot papers,the list of electors used at the polling station, advance polling station or returning officer’s office,written authorizations of candidates’ representatives,used transfer certificates, if any, andregistration certificates; andthe prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector. (documents électoraux)election officer means a person referred to in subsection 22(1) or appointed under section 32. (fonctionnaire électoral)election period means the period beginning with the issue of the writ and ending on polling day or, if the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, on the day that the writ is withdrawn or deemed to be withdrawn. (période électorale)election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated. (sondage électoral)elector means a person who is qualified as an elector under section 3. (électeur)electoral district means a place or territorial area that is represented by a member in the House of Commons. (circonscription)electoral district agent means a person appointed under subsection 456(1), and includes the financial agent of a registered association. (agent de circonscription)electoral district association means an association of members of a political party in an electoral district. (association de circonscription)eligible party means a political party that satisfies the criteria for registration set out in section 387. (parti admissible)future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age. (futur électeur)judge, when used to define the judicial officer on whom is conferred specific powers, meansin relation to the Province of Ontario, a judge of the Superior Court of Justice;in relation to the Province of Quebec, a judge of the Superior Court of Quebec;in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court of the Province;in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench of the Province;in relation to the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador;in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon;in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories;in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; andin relation to any place or territory in Canada,if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge,if there is more than one judge exercising that jurisdiction, the senior of them, andif no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice. (juge)leadership campaign agent means a person appointed under subsection 478.5(1), and includes the financial agent of a leadership contestant. (agent de campagne à la direction)leadership campaign expense[Repealed, 2018, c. 20, s. 1]leadership contest means a competition for the selection of the leader of a registered party. (course à la direction)leadership contestant means a person who has been registered in the registry of leadership contestants referred to in section 478.4 in respect of a leadership contest and who, or whose financial agent, has not yet complied with sections 478.8 to 478.97 in respect of that leadership contest. (candidat à la direction)list of electors means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer.  (liste électorale)member means a member of the House of Commons. (député)Minister means the member of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act. (ministre)monetary contribution means an amount of money provided that is not repayable. (contribution monétaire)National Capital Region means the National Capital Region as described in the schedule to the National Capital Act. (région de la capitale nationale)nomination campaign expense[Repealed, 2018, c. 20, s. 1]nomination contest means a competition for the selection of a person to be proposed to a registered party for its endorsement as its candidate in an electoral district. (course à l’investiture)nomination contestant means a person who is named as a nomination contestant under paragraph 476.1(1)(c) in a report filed in accordance with subsection 476.1(1) in respect of a nomination contest and who, or whose financial agent, has not yet complied with sections 476.75 to 476.94 in respect of that nomination contest. (candidat à l’investiture)non-monetary contribution means the commercial value of a service, other than volunteer labour, or of property or of the use of property or money to the extent that they are provided without charge or at less than their commercial value. (contribution non monétaire)oath includes a solemn affirmation and a statutory declaration. (serment)official agent means a person appointed under subsection 477.1(1) or an official agent’s replacement appointed under section 477.42. (agent officiel)official list of electors means the list of electors prepared by the returning officer under section 106. (liste électorale officielle)partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not includethe transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; orthe making of telephone calls to electors only to encourage them to vote. (publicité partisane)partisan advertising expense means an expense incurred in relation tothe production of a partisan advertising message; andthe transmission of a partisan advertising message to the public. (dépenses de publicité partisane)periodical publication means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements. (publication périodique)personal information means personal information as defined in section 3 of the Privacy Act. (renseignements personnels)political affiliation, in respect of a candidate, means the name of the political party that has endorsed him or her or the word “independent”, as the case may be, included in the nomination paper in accordance with subparagraph 66(1)(a)(v). (appartenance politique)political party means an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election. (parti politique)polling day, in relation to an election, means the date fixed for voting at the election under paragraph 57(1.2)(c) or subsection 59(4) or 77(2). (jour du scrutin)polling division means a polling division referred to in section 538. (section de vote)polling station means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but whois selected in a nomination contest;is deemed to be a candidate under section 477;is a member or, if Parliament is dissolved, was a member on the day before the dissolution; orhas the support of a political party to be a candidate of that party. (candidat potentiel)pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.1(2) for the holding of a general election and ending on the day before the earlier ofthe first day of an election period for a general election, andthe 37th day before the Monday referred to in subsection 56.1(2) or, if the Governor in Council makes an order under subsection 56.2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)preliminary list of electors means the list of electors prepared by the Chief Electoral Officer under subsection 93(1). (liste électorale préliminaire)prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. (prescrit)recount means a recount of votes by a judge under Part 14. (dépouillement judiciaire)registered agent means a person appointed under subsection 396(1), and includes the chief agent of a registered party. (agent enregistré)registered association means an electoral district association that is registered in the registry of electoral district associations referred to in section 455. (association enregistrée)registered party means a political party that is registered in the registry of political parties referred to in section 394 as a registered party. (parti enregistré)Register of Electors means the Register of Electors established under paragraph 44(1)(a). (Registre des électeurs)Register of Future Electors means the Register of Future Electors established under paragraph 44(1)(b). (Registre des futurs électeurs)revised list of electors means the list of electors prepared by the returning officer under section 105. (liste électorale révisée)spoiled, in relation to a ballot or a special ballot as defined in section 177, meansone that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; orone that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3). (annulé)volunteer labour means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person. (travail bénévole)writ means a writ of election. (bref)Commercial value of capital assetsFor the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower ofthe commercial value of the rental of the same kind of asset during the period during which the capital asset was used, andthe commercial value of the same kind of asset if one were purchased.No commercial valueFor the purposes of this Act, other than section 477.9, the commercial value of property or a service is deemed to be nil ifthe property or service is provided by a Canadian citizen, or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is not in the business of providing that property or service; andthe commercial value of the property or service is $200 or less.Satisfactory proof of identity and residenceFor the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.TimeA reference to a time of day in this Act is a reference to local time.Descriptive cross-referencesIf, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.Definition of polling dayIf a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Parts 16.1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, polling day means the day that the writ is withdrawn or deemed to be withdrawn.Definitions of election advertising and partisan advertisingFor the purposes of the definitions election advertising and partisan advertising, promoting or opposing includesin relation to a registered party or eligible party,naming it,identifying it, including by its logo, andproviding a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); andin relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,naming him or her,showing a photograph, cartoon or drawing of him or her,identifying him or her, including by political affiliation or by any logo that he or she has, andproviding a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).2000, c. 9, s. 2, c. 12, s. 40; 2001, c. 21, s. 1; 2002, c. 7, s. 90; 2003, c. 19, s. 1; 2004, c. 24, s. 1; 2006, c. 9, s. 39; 2007, c. 21, s. 1; 2014, c. 12, ss. 2, 155; 2018, c. 20, s. 12018, c. 31, s. 22018, c. 31, s. 399
Electoral Rights
Persons qualified as electorsEvery person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.2000, c. 9, s. 32018, c. 31, s. 3
[Repealed, 2018, c. 31, s. 3]
[Repealed, 2018, c. 31, s. 3]
Persons entitled to voteSubject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division.
[Repealed, 2018, c. 31, s. 4]
Place of ordinary residenceThe place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.One place of residence onlyA person can have only one place of ordinary residence and it cannot be lost until another is gained.Person residing outside CanadaThe place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.Temporary absenceTemporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.Place of employmentIf a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep.Temporary residenceTemporary residential quarters are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence.Temporary residential quartersA shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence.2000, c. 9, s. 82018, c. 31, s. 5
Interpretation of ordinary residenceIf the rules set out in section 8 are not sufficient to determine the place of ordinary residence, it shall be determined by the appropriate election officer by reference to all the facts of the case.
Former member candidates and electors living with themEach candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, the polling division in which is locatedthe place of ordinary residence of the former member; or[Repealed, 2018, c. 31, s. 6]the office of the returning officer for the electoral district in which the former member is a candidate.[Repealed, 2018, c. 31, s. 6]Former member candidates and electors living with them — notice to returning officerIf a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division inthe electoral district in which the former member is a candidate; orthe electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.2000, c. 9, s. 102018, c. 31, s. 6
[Repealed, 2018, c. 31, s. 7]
Residence at by-electionNo elector is entitled to vote at a by-election unless his or her place of ordinary residence on polling day is situated in the same electoral district that includes the polling division in which was situated the elector’s place of ordinary residence at the beginning of the revision period established by section 96.Address change within electoral districtFor the purpose of a by-election only and despite anything in this Act, an elector who, during the period between the beginning of the revision period and ending on polling day, has changed his or her place of ordinary residence from one polling division to another polling division in the same electoral district may register his or her name on the list of electors in the new polling division.
Chief Electoral Officer and StaffChief Electoral Officer
Appointment and term of officeThere shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour for a term of 10 years. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.No re-appointmentA person who has served as Chief Electoral Officer is not eligible for re-appointment to that office.2000, c. 9, s. 13; 2014, c. 12, s. 3
Appointment of substituteIn case of the death, incapacity or negligence of the Chief Electoral Officer while Parliament is not sitting, a substitute Chief Electoral Officer shall, on the application of the Minister, be appointed by order of the Chief Justice of Canada or, in the absence of the Chief Justice of Canada, by the senior judge of the Supreme Court of Canada then present in Ottawa.Tenure of office of substituteA substitute Chief Electoral Officer shall act as Chief Electoral Officer until 15 days after the beginning of the next session of Parliament unless the Chief Justice of Canada or the judge who made the order to appoint the substitute Chief Electoral Officer sooner directs that the order be revoked.Absence of Chief JusticeIn the absence of both the Chief Justice of Canada and of the judge who made the order to appoint the substitute Chief Electoral Officer, the order may be revoked by any other judge of the Supreme Court of Canada.Remuneration of substituteThe substitute Chief Electoral Officer is entitled to be paid the remuneration fixed by the Governor in Council.
Rank, powers and dutiesSubject to subsections 509.1(2) and (3), the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.Salary and expenses of Chief Electoral OfficerThe Chief Electoral Officer shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.Superannuation and compensationThe Chief Electoral Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.Communication with Governor in CouncilThe Chief Electoral Officer shall communicate with the Governor in Council through the Minister for the purposes of this Act.2000, c. 9, s. 15; 2002, c. 8, s. 116; 2003, c. 22, s. 101(E)2018, c. 31, s. 8
Powers and duties of Chief Electoral OfficerThe Chief Electoral Officer shallexercise general direction and supervision over the conduct of elections;ensure that all election officers act with fairness and impartiality and in compliance with this Act;issue to election officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act; andexercise the powers and perform the duties and functions that are necessary for the administration of this Act, other than Division 1.1 of Part 16.1.2000, c. 9, s. 16; 2014, c. 12, s. 4
Guidelines and interpretation notesThe Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act — other than Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.ApplicationThe Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.ConsultationsBefore issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 45 days after the day on which the copy is sent.CommentsThe Chief Electoral Officer shall, in preparing the guideline or interpretation note, take into consideration any comments received under subsection (3).[Repealed, 2018, c. 31, s. 9][Repealed, 2018, c. 31, s. 9]IssuanceThe Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4 as soon as possible after preparing it.Nature of guidelines and interpretation notesThe guidelines and interpretation notes are issued for information purposes only. They are not binding on registered parties, registered associations, nomination contestants, candidates or leadership contestants.2014, c. 12, ss. 5, 1532018, c. 31, s. 9
Application for written opinionThe Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to an activity or practice that the registered party or a registered association, nomination contestant, candidate or leadership contestant of the registered party proposes to engage in.ConsultationsBefore issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 30 days after the day on which the copy is sent.CommentsThe Chief Electoral Officer shall, in preparing the opinion, take into consideration any comments received under subsection (2).Pre-publicationWithin 90 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 90-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 90 days after polling day for that election.IssuanceOn the expiry of the 30-day period referred to in subsection (4), the Chief Electoral Officer shall issue the opinion by registering it in the registry referred to in section 16.4.Opinion bindingIf all the material facts have been submitted by an applicant for an opinion and they are accurate, the opinion issued by the Chief Electoral Officer under this section is binding on the Chief Electoral Officer and the Commissioner with respect to the activity or practice of the registered party, registered association, nomination contestant, candidate or leadership contestant in question. It remains binding for as long as the material facts on which it was based remain substantially unchanged and the activity or practice is carried out substantially as proposed.Precedential valueAn opinion issued by the Chief Electoral Officer under this section has precedential value for the Chief Electoral Officer and the Commissioner.Contrary interpretationThe opinion remains binding in accordance with subsection (6), and has the precedential value referred to in subsection (7), for as long as a contrary interpretation has not been subsequently issued by means of a guideline or interpretation note issued under section 16.1 or an opinion issued under this section.2014, c. 12, ss. 5, 1532018, c. 31, s. 10
New interpretationIf an opinion that is published under subsection 16.2(4) interprets a provision of the Act in a way that contradicts an interpretation of that provision provided in a previously issued opinion, the new interpretation does not replace the former interpretation until the date that the new opinion is issued under section 16.2.2014, c. 12, s. 52018, c. 31, s. 11
RegistryThe Chief Electoral Officer shall establish and maintain a registry on his or her Internet site that contains every guideline and interpretation note that is issued under section 16.1, every opinion that is issued under section 16.2 and all comments of the Commissioner that are provided under subsection 16.1(3) or 16.2(2).2014, c. 12, s. 5
[Repealed, 2018, c. 31, s. 12]Obligation to disclose documents and informationOn the request of the Commissioner, the Chief Electoral Officer shall disclose to the Commissioner any document or information that the Chief Electoral Officer obtained under this Act and that the Commissioner considers necessary to the exercise or performance of his or her powers, duties and functions under this Act.2014, c. 12, s. 5.12018, c. 31, s. 12
Power to adapt ActDuring an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.Limitation — power to adaptThe Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.Emergency — extending voting hoursIf voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any caseclose later than midnight on polling day; orremain open during polling day for a total of more than 12 hours.2000, c. 9, s. 17; 2007, c. 21, s. 2; 2014, c. 12, s. 6
[Repealed, 2018, c. 31, s. 13]
Public education and information programsThe Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.Communication with publicThe Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic rights to vote and to be a candidate.Information outside CanadaThe Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.Communication with electors with a disabilityThe Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability:how to become a candidate;how an elector may have their name added to a list of electors and may have corrections made to information respecting them on the list;how an elector may vote under section 127 and the times, dates and locations for voting;how an elector may prove their identity and residence in order to vote, including the pieces of identification that they may use to that end; andthe measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.Communication with future electors with a disabilityIf the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability.Unsolicited callsThe Chief Electoral Officer shall not provide information under this section by the use of calls, as defined in section 348.01, that are unsolicited.2000, c. 9, s. 18; 2014, c. 12, s. 72018, c. 31, s. 14
International cooperationThe Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.2014, c. 12, s. 82018, c. 31, s. 15
Voting studiesThe Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.Alternative votingThe Chief Electoral Officer may devise and test an alternative voting process for future use in an election.Voting technology — electors with a disabilityThe Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.Prior approvalNeither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.2000, c. 9, s. 18.1; 2001, c. 21, s. 2; 2014, c. 12, s. 82018, c. 31, s. 15
Power to enter into contracts, etc.The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.LeasesThe Chief Electoral Officer may authorize a returning officer to enter into a lease in the Chief Electoral Officer’s name, subject to any terms and conditions that the Chief Electoral Officer specifies.Contracts, etc., binding on Her MajestyEvery contract, memorandum of understanding and arrangement entered into in the Chief Electoral Officer’s name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Chief Electoral Officer.Goods and servicesDespite section 9 of the Department of Public Works and Government Services Act, the Chief Electoral Officer may procure goods and services from outside the federal public administration.2014, c. 12, s. 82018, c. 31, s. 16
SignatureA requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer authorizes.2014, c. 12, s. 9
Staff
StaffThe staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act.2000, c. 9, s. 19; 2003, c. 22, s. 102(E)2018, c. 31, s. 17
Technical assistanceThe Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses.Casual and temporary staffAny additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.2000, c. 9, s. 20; 2014, c. 12, s. 102018, c. 31, s. 18
DelegationThe Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.2000, c. 9, s. 212018, c. 31, s. 19
Advisory Committee of Political Parties
EstablishmentA committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader.PurposeThe purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing.Advice and recommendations not bindingThe committee’s advice and recommendations are not binding on the Chief Electoral Officer.MeetingsThe committee shall meet at least once a year and its meetings shall be presided over by the Chief Electoral Officer.2014, c. 12, s. 11
Election OfficersGeneral
Election officersThe following persons are election officers:field liaison officers appointed under section 23.2;returning officers appointed under subsection 24(1);assistant returning officers appointed under subsection 26(1) or 28(5) and additional assistant returning officers appointed under subsection 30(1);persons authorized by a returning officer under section 27 to exercise powers or perform duties under this Act;persons designated pursuant to subsection 28(3.1);[Repealed, 2018, c. 31, s. 20][Repealed, 2018, c. 31, s. 20][Repealed, 2018, c. 31, s. 20][Repealed, 2018, c. 31, s. 20][Repealed, 2018, c. 31, s. 20][Repealed, 2018, c. 31, s. 20][Repealed, 2018, c. 31, s. 20][Repealed, 2018, c. 31, s. 20][Repealed, 2018, c. 31, s. 20]the special voting rules administrator appointed under section 181;special ballot officers appointed under subsection 183(1) or section 184; andliaison officers for correctional institutions appointed under subsection 248(1).[Repealed, 2018, c. 31, s. 20]Election officers — exclusionsFor greater certainty, a representative of a candidate who is present at a polling station is not an election officer.Who shall not be appointed election officersThe following persons shall not be appointed as an election officer:a minister of the Crown or a member of the executive council of a province;a member of the Senate or the House of Commons;a member of the legislative assembly of a province;a judge or deputy judge of any superior court or any bankruptcy or insolvency court and, in Yukon and the Northwest Territories, a judge of the Supreme Court;a person who was a candidate at the last general election or at a by-election held since the last general election;a person who has served in Parliament in the session immediately before the election or in the session in progress at the time of the election; anda person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act or the Referendum Act, or a regulation made under the Referendum Act, or under an Act of the legislature of a province, or a regulation made under an Act of the legislature of a province, relating to provincial, municipal or school board elections.QualificationsAn election officer must be qualified as an elector, and an election officer referred to in paragraph (1)(a.1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.Election officers younger than 18Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.Prohibition — acting as election officerNo person shall act as an election officer knowing that they do not meet the requirements for an election officer set out in this section.2000, c. 9, s. 22; 2002, c. 7, s. 91; 2006, c. 9, s. 173; 2014, c. 2, s. 48, c. 12, s. 122018, c. 31, s. 20
Solemn declarationBefore assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.ProhibitionNo election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.Sending of solemn declarationsThe returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.2000, c. 9, s. 232018, c. 31, s. 21
Unsolicited callsAn election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.2014, c. 12, s. 13
Field Liaison Officers
Appointment of field liaison officersThe Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.QualificationsThe Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as field liaison officers and shall establish for field liaison officers an external appointment process as defined in subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (9).Meaning of meritThe appointment of a person as a field liaison officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard toany additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; andany current or future operational requirements.Period of appointmentA field liaison officer shall be appointed for the period determined by the Chief Electoral Officer.Re-appointmentThe Chief Electoral Officer may re-appoint any field liaison officer who has performed the functions of a field liaison officer in a satisfactory manner, regardless of whether or not other persons are considered for the appointment.Continuation in officeA field liaison officer may, with the Chief Electoral Officer’s approval, continue in office after the expiry of the period referred to in subsection (4) until the field liaison officer is re-appointed or another person is appointed to the office.ResponsibilitiesA field liaison officer is responsible, under the Chief Electoral Officer’s general direction, in respect of the geographical area to which they are assigned, forproviding support to returning officers;acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; andon the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.No partisan conductNo field liaison officer shall knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.Removal from officeThe Chief Electoral Officer may remove from office any field liaison officer whois incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;fails to competently exercise a field liaison officer’s powers or competently perform a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); orcontravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.2014, c. 12, s. 132018, c. 31, s. 22
Returning Officers and Assistant Returning Officers
Appointment of returning officersThe Chief Electoral Officer shall appoint a returning officer for each electoral district in accordance with the process established under subsection (1.1) and may only remove him or her in accordance with the procedure established under that subsection.QualificationsThe Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as returning officers, and shall establish for returning officers an external appointment process within the meaning of subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (7).Meaning of meritThe appointment of a person as a returning officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard toany additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; andany current or future operational requirements.Term of officeA returning officer shall be appointed for a term of ten years.New termThe Chief Electoral Officer may, after consultation with the leader of every recognized political party in the House of Commons, appoint for a new term any returning officer who has performed the functions of a returning officer in a satisfactory manner, whether or not other persons are considered for the appointment, if the office of returning officer is vacant by reason ofthe expiry of the returning officer’s term of office; orthe revision of the boundaries of the electoral district as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.Continuation in officeA returning officer may, with the approval of the Chief Electoral Officer, continue in office after his or her term expires until he or she is reappointed or until another person is appointed to the office.Responsibility of returning officerA returning officer is responsible, under the general direction of the Chief Electoral Officer, for the preparation for and conduct of an election in his or her electoral district.Obligation to act to enable elections to be heldEvery returning officer to whom a writ is directed shall, on its receipt, or on notification by the Chief Electoral Officer of its issue, cause to be promptly taken any of the proceedings directed by this Act that are necessary in order that the election may be regularly held.VacancyThe office of returning officer does not become vacant unless the returning officer dies, resigns, is removed from office, reaches the end of his or her term of office or ceases to reside in the electoral district, or unless the boundaries of the electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.ResignationA returning officer who intends to resign shall give written notice to that effect to the Chief Electoral Officer and the resignation is effective only when it is accepted by the Chief Electoral Officer.No partisan conductNo returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.Removal from officeThe Chief Electoral Officer may remove from office any returning officer whois incapable, by reason of illness, disability or otherwise, of satisfactorily exercising his or her powers or performing his or her duties under this Act;fails to competently exercise a returning officer’s power or competently perform a returning officer’s duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);fails to complete the revision of the boundaries of the polling divisions in their electoral district as instructed by the Chief Electoral Officer under subsection 538(3); orcontravenes subsection (6), whether or not the contravention occurs in the exercise of his or her powers or the performance of his or her duties under this Act.Temporary suspensionThe Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).Duration of suspensionThe period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.2000, c. 9, s. 24; 2003, c. 19, s. 2; 2006, c. 9, s. 174; 2011, c. 26, s. 13; 2014, c. 12, s. 142018, c. 31, s. 23
List in Canada GazetteBetween the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.2000, c. 9, s. 25; 2006, c. 9, s. 175
Assistant returning officerWithout delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.Restriction on appointmentA returning officer shall not appoint his or her spouse, common-law partner, child, mother, father, brother, sister, the child of his or her spouse or common-law partner, or a person who lives with him or her as an assistant returning officer.2000, c. 9, s. 26, c. 12, s. 402018, c. 31, s. 24
DelegationThe returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.Authorization in writingAn authorization under subsection (1) shall be signed and dated by the returning officer.2000, c. 9, s. 27; 2014, c. 12, s. 152018, c. 31, s. 25
Notification if returning officer incapacitatedIt is the duty of a returning officer or an assistant returning officer to notify the Chief Electoral Officer without delay if the returning officer at any time becomes unable to act.[Repealed, 2006, c. 9, s. 176]Assistant returning officer to actSubject to subsection 24(1.5), if a returning officer is absent or unable to act or if a returning officer’s office is vacant, the assistant returning officer shall act in place of the returning officer.Designated person to act — suspension of returning officerIf a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.Designated person to act — absence of returning and assistant returning officersIf, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.Appointment within limited periodWhen the office of a returning officer becomes vacant, the Chief Electoral Officer shall appoint a new returning officer without delay.Appointment of assistant returning officerEvery assistant returning officer who is required to act as a returning officer under subsection (3) shall appoint an assistant returning officer without delay.2000, c. 9, s. 28; 2006, c. 9, s. 176; 2014, c. 12, s. 162018, c. 31, s. 26
Duties of returning officerA returning officer shallwithout delay after removing an assistant returning officer from office, notify the assistant returning officer in writing of the removal and send a copy of the notice to the Chief Electoral Officer; andwithout delay after the death or resignation of an assistant returning officer, notify the Chief Electoral Officer in writing of the death or resignation.Appointment of substituteIf an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer shall without delay appoint a substitute with the Chief Electoral Officer’s prior approval.Tenure of office of assistant returning officerWhen a returning officer ceases to hold office, the assistant returning officer appointed by him or her remains in office until the returning officer’s successor appoints a new assistant returning officer.Resignation by assistant returning officerAn assistant returning officer who intends to resign shall give written notice to the returning officer or, if the office of returning officer is vacant, to the Chief Electoral Officer.2000, c. 9, s. 292018, c. 31, s. 27
Additional assistant returning officerOn request by a returning officer, the Chief Electoral Officer may designate areas in the returning officer’s electoral district and authorize, in writing, the appointment of an assistant returning officer, in addition to the assistant returning officer appointed under subsection 26(1), for each of those areas.AppointmentA returning officer shall appoint an additional assistant returning officer and establish an office in each area designated by the Chief Electoral Officer.Delegation limitedAn assistant returning officer appointed under subsection (2) may perform the functions of an assistant returning officer only in respect of the area for which they are appointed.Further limitationAn assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).2000, c. 9, s. 302018, c. 31, s. 28
Prohibition — acting in another capacityNo returning officer or assistant returning officer appointed under subsection 26(1) shall act in any other capacity under this Act.
Election Officers Appointed by Returning Officer
Election officersSubject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.Appointment before issue of writA returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.Maximum number of election officers appointedBefore the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).2000, c. 9, s. 32; 2001, c. 21, s. 3(E)2018, c. 31, s. 29
[Repealed, 2018, c. 31, s. 29]
Solicitation of namesAs soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.Persons whose names are provided to be appointedIf the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.Proportional distributionIf the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.Removal or replacementIf a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.Lists of election officersEach returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.IdentificationEach election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.2000, c. 9, s. 332018, c. 31, s. 29
[Repealed, 2018, c. 31, s. 29]
[Repealed, 2018, c. 31, s. 29]
[Repealed, 2018, c. 31, s. 29]
Refusal to appointA returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.Recommendation of another personIf as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.2000, c. 9, s. 37; 2014, c. 12, s. 202018, c. 31, s. 29
Record of election officers’ powers and dutiesA returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.2000, c. 9, s. 382018, c. 31, s. 29
Election officersAn election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.2000, c. 9, s. 39; 2014, c. 12, s. 212018, c. 31, s. 29
Equality of Votes
List of names to be providedThe registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as election officers for the purposes of a by-election under subsection 29(1.1) of the Parliament of Canada Act because of an equality of votes are the same registered parties as those who had that right for the purposes of the election that resulted in the equality of votes.
New Electoral Districts
Results transposedWhen a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties’ candidates, registered associations or registered parties have the right to provide the returning officer for that electoral district with lists of persons to be appointed as election officers.[Repealed, 2018, c. 31, s. 30][Repealed, 2018, c. 31, s. 30]NoticeWhen the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), he or she shall notify those registered parties without delay of that right.2000, c. 9, s. 41; 2014, c. 12, s. 222018, c. 31, s. 30
Merger of Registered Parties
Attribution of votes for appointmentsFor the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,the merged party is deemed to have endorsed a candidate in the last election in the electoral district; andthat candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.2000, c. 9, s. 422018, c. 31, s. 31
Prohibitions
ProhibitionsNo person shallknowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; orhaving been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.2000, c. 9, s. 432018, c. 31, s. 32
Right of accessNo person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to exercise his or her powers or perform his or her duties under this Act.ExceptionSubsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection.2007, c. 21, s. 32018, c. 31, s. 33(E)
Register of Electors and Register of Future ElectorsMaintenance and Communication
Maintenance of RegistersThe Chief Electoral Officer shall maintaina register of persons who are qualified as electors, to be known as the Register of Electors; anda register of persons who are qualified as future electors, to be known as the Register of Future Electors.Contents of RegistersThe Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.2(4), 223(2), 233(2) and 251(3).IdentifierThe Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.Future electors becoming electorsSubject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors.Inclusion optionalInclusion in the Register of Electors and the Register of Future Electors is optional.Parental consent not necessaryA future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.2000, c. 9, s. 44; 2001, c. 21, s. 4; 2007, c. 21, s. 42018, c. 31, s. 36
Lists to members and registered partiesBy November 15 in each year, the Chief Electoral Officer shall make available to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.Contents of lists of electorsThe lists of electors shall set out each elector’s surname, given names, civic address and mailing address, and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged in the form established by the Chief Electoral Officer according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their surnames.ExceptionThis section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.Merger of partiesFor the purpose of subsection (1), a registered party that is the result of a merger of two or more registered parties is deemed to have endorsed a candidate in the last election if one of the merging parties so endorsed a candidate.2000, c. 9, s. 45; 2007, c. 21, s. 52018, c. 31, s. 37
Updates
Sources of informationThe Register of Electors and the Register of Future Electors shall be updated frominformationthat electors or future electors, as the case may be, have given the Chief Electoral Officer, orthat is held by a federal department or body and that electors or future electors, as the case may be, have expressly authorized to be given to the Chief Electoral Officer; andinformation that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, gender, date of birth, civic address and mailing address of electors and future electors included in the Register of Electors or Register of Future Electors, as the case may be, and thatis held under an Act of the legislature of a province mentioned in Schedule 2, orcomes from any other source mentioned in Schedule 2.Source of information: Register of Future ElectorsThe Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.Retention of certain informationThe Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.Amendments to Schedule 2The Chief Electoral Officer may at any time amend Schedule 2 by adding, changing or deleting the name of an Act of the legislature of a province or of any other source of information, but no such amendment comes into force until notice of it is published in the Canada Gazette.2000, c. 9, s. 46; 2007, c. 21, s. 62018, c. 31, s. 39
Information from Minister of Citizenship and ImmigrationDespite subparagraph 46(1)(a)(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:his or her surname and given names;his or her gender;his or her date of birth;his or her addresses; andany unique identifier that that Minister has assigned to him or her under that Act.2018, c. 31, s. 40
Citizenship informationFor the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.2007, c. 21, s. 72018, c. 31, s. 40
Information in respect of deceased individualsFor the purpose of updating the Register of Electors or Register of Future Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the relevant register.2007, c. 21, s. 72018, c. 31, s. 40
Duty of returning officerDuring the election period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1).
Other dutiesBetween election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.2007, c. 21, s. 82018, c. 31, s. 41
Adding electors and future electorsThe Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register.Obligation of elector or future electorAn elector or future elector who wishes to be included in the relevant register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector or as a future elector, as the case may be.ExceptionsThis section does not apply in respect of the inclusion of an elector or future elector that isdone at his or her request;done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; ordone using information to update the Register of Electors under subsection 46(1.01).2000, c. 9, s. 482018, c. 31, s. 41
Listing requestsAny person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providinga signed certification that he or she is qualified as an elector or as a future elector, as the case may be;his or her surname, given names, gender, date of birth, civic address and mailing address; andsatisfactory proof of identity.Optional informationIn addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector or future elector is not required to do so.2000, c. 9, s. 492018, c. 31, s. 41
CorrectionsAn elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.2000, c. 9, s. 502018, c. 31, s. 41
VerificationThe Chief Electoral Officer maycontact an elector or future elector to verify the Chief Electoral Officer’s information relating to him or her; andrequest the elector or future elector to confirm, correct or complete the information within 60 days after receiving the request.2000, c. 9, s. 512018, c. 31, s. 41
Deletion of namesThe Chief Electoral Officer shall delete from the Register of Electors or Register of Future Electors the name of any person whois dead;is not an elector or future elector, as the case may be, subject to subsection 44(4);requests in writing to have his or her name deleted;is, by reason of mental incapacity, under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted; oris a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.ConditionsA person’s name may be deleted under paragraph (1)(d) only if the authorized representative has provided the Chief Electoral Officer with a copy of the court order and satisfactory proof of that representative’s identity.Deletion of name — discretionaryThe Chief Electoral Officer may delete from the Register of Electors or Register of Future Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.2000, c. 9, s. 52; 2014, c. 12, s. 232018, c. 31, s. 42
RestrictionsIf an elector so requests the Chief Electoral Officer in writing, information in the Register of Electors relating to that elector shall be used only for federal electoral or referendum purposes.Restriction — Register of Future ElectorsIf a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes ofupdating the Register of Electors; orthe transmission of information in the course of public education and information programs implemented under subsection 18(1).2000, c. 9, s. 532018, c. 31, s. 43
Access to personal informationAt the written request of an elector or future elector, the Chief Electoral Officer shall send him or her all the information in the Chief Electoral Officer’s possession relating to him or her.2000, c. 9, s. 542018, c. 31, s. 44
Agreements on Giving Information
Provincial bodiesThe Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list.ExceptionDespite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.ConditionsThe Chief Electoral Officer shall include in the agreement conditions regarding the use and protection of personal information given under the agreement.[Repealed, 2007, c. 21, s. 9]Valuable considerationAn agreement mentioned in subsection (1) may require valuable consideration to be provided in exchange for the information given.2000, c. 9, s. 55; 2007, c. 21, s. 92018, c. 31, s. 45
Prohibitions
ProhibitionsNo person shallknowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or as a future elector or relating to any other information referred to in section 49;knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector or as a future elector, to that other person’s surname, given names, gender, civic address or mailing address, or to the identifier assigned to that other person by the Chief Electoral Officer, for the purpose of having that other person’s name deleted from the Register of Electors or Register of Future Electors, as the case may be;request the listing in the Register of Electors or Register of Future Electors of the name of a person who is not qualified as an elector or as a future elector, as the case may be, knowing that the person is not so qualified;knowingly apply to have included in the Register of Electors or Register of Future Electors the name of an animal or thing;knowingly use personal information that is obtained from the Register of Electors except as follows:to enable registered parties, members or candidates to communicate with electors in accordance with section 110,for the purposes of the administration and enforcement of this Act or the Referendum Act, orin accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement,knowingly use personal information that is obtained from the Register of Future Electors except as follows:for the purposes of updating the Register of Electors,for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1),for the purposes of the administration and enforcement of this Act or the Referendum Act, orin accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; orknowingly use other personal information that is transmitted in accordance with an agreement made under section 55 except in accordance with the conditions included in the agreement.2000, c. 9, s. 56; 2007, c. 21, s. 102018, c. 31, s. 46
Conduct of an ElectionDate of General Election
Powers of Governor General preservedNothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General’s discretion.Election datesSubject to subsection (1), each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, October 19, 2009.2007, c. 10, s. 1
Alternate dayIf the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall recommend to the Governor in Council that polling day be that other day.Publication of recommendationIf the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), he or she shall without delay publish in the Canada Gazette notice of the day recommended.Making and publication of orderIf the Governor in Council accepts the recommendation, the Governor in Council shall make an order to that effect. The order must be published without delay in the Canada Gazette.LimitationThe alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week.Timing of proclamationAn order under subsection (3) shall not be made after August 1 in the year in which the general election is to be held.2007, c. 10, s. 1
Writs of Election
General election — proclamationThe Governor in Council shall issue a proclamation in order for a general election to be held.By-election — orderThe Governor in Council shall make an order in order for a by-election to be held.ContentsThe proclamation or order shalldirect the Chief Electoral Officer to issue a writ to the returning officer for each electoral district to which the proclamation or order applies;fix the date of issue of the writ; andfix the date for voting at the election, which date must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.General electionIn the case of a general election,the date of issue of the writ shall be the same for all electoral districts;polling day shall be the same for all electoral districts; andthe proclamation shall fix a date for the return of the writ to the Chief Electoral Officer, which date shall be the same for all of the writs.Election held on a MondaySubject to subsection (4) and section 56.2, polling day shall be on a Monday.ExceptionIn 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, if, in the week in which the election is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.Times when polling day is a TuesdayIf the day fixed for the vote is a Tuesday because of subsection (4) or section 56.2, any time period specified under this Act before or after polling day is to be calculated as if polling day were the Monday.2000, c. 9, s. 57; 2001, c. 21, s. 5; 2007, c. 10, s. 22018, c. 31, s. 47
Writs forwarded to returning officerThe Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made under section 57.2000, c. 9, s. 58; 2001, c. 21, s. 6; 2007, c. 10, s. 3
Withdrawal of writThe Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act.Duties of Chief Electoral OfficerIf the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and, on being ordered by the Governor in Council to do so, shall, within three months after the date of publication of the notice, issue a new writ ordering an election to be held.Polling dayThe day named in the new writ for polling day is determined by the Governor in Council, but may be no later than the 50th day after the day on which the new writ was issued.Postponement of election and new polling dayIf the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.Postponement of election — rulesIf the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.2)(c) and not the day fixed under subsection (4);if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, thenanything done as authorized or required on or before the day on which the postponement order is made is valid, andin respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, thenanything done as authorized or required on that day is valid, andin respect of anything not done as authorized or required on that day, the day on which the thing is authorized or required to be done is postponed by the number of days by which the election is postponed;if a period is extended under subparagraph (b)(ii) or a day is postponed under subparagraph (c)(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; andfor the purposes of this subsection, if the original polling day fixed under paragraph 57(1.2)(c) is a Tuesday because of section 56.2 or subsection 57(4), it is deemed to be a Monday.2000, c. 9, s. 592018, c. 31, s. 48
Returning officer to open and maintain officeEvery returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period.HoursThe Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer.2000, c. 9, s. 602018, c. 31, s. 49
Appointment of staffThe Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act.Employment of staffStaff mentioned in subsection (1) shallbe appointed in the prescribed form;make a solemn declaration in the prescribed form; andbe discharged as soon as their services are no longer needed.2000, c. 9, s. 612018, c. 31, s. 50
Notice of Election by Returning Officer
Notice of electionWithin four days after the issue of the writ, each returning officer shall sign and issue a Notice of Election in Form 2 of Schedule 1 that indicatesthe deadline for the receipt of nominations;the date for polling day;the date and time, not later than seven days after polling day, for the validation of results; andthe address of the returning officer’s office.
Return by Acclamation
Return by acclamationWhen, as of 2:00 p.m. on the 19th day before polling day, the returning officer has confirmed a nomination for only one candidate, the returning officer shallwithout delay declare the candidate elected by endorsing the return of the writ in the prescribed form on the back of the writ and returning it to the Chief Electoral Officer; andwithin 48 hours after the return of the writ, send a certified copy of it to the elected candidate.Report with returnWhen the returning officer returns the writ to the Chief Electoral Officer, the returning officer shall include with it a report of the proceedings during the election period, including any nomination proposed and rejected for non-compliance with this Act.
Holding of an Election
Holding of electionIf the nomination of more than one candidate is confirmed in an electoral district, an election shall be held.Notice of grant of a pollThe returning officer shall, within five days after the closing day for nominations, if more than one candidate is nominated, post in the returning office a notice of grant of a poll in the prescribed form that indicatesthe name and political affiliation, if any, of each candidate, as stated in the nomination papers, in the order in which their names are to be placed on the ballots;the name of the official agent for each candidate, as stated in the nomination papers; andthe name, if any, and the number of each of the polling divisions and the addresses of the polling stations in that electoral district.Notice to election officersThe returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.Documents to candidatesThe returning officer shall send to each candidate, on the later of the 31st day before polling day and the day on which the candidate’s nomination is confirmed, up to 10 copies of a document that sets out a description of the boundaries of the polling divisions in the electoral district.2000, c. 9, s. 64; 2014, c. 12, s. 242018, c. 31, s. 51
CandidatesQualifications
Ineligible candidatesThe following persons are not eligible to be a candidate:a person who is not qualified as an elector on the date on which his or her nomination paper is filed;a person who is disentitled under paragraph 502(3)(a) while they are so disentitled;a member of the legislative assembly of a province;[Repealed, 2018, c. 31, s. 52]the Chief Electoral Officer;a judge appointed by the Governor in Council, other than a citizenship judge appointed under the Citizenship Act;a person who is imprisoned in a correctional institution;an election officer; anda person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired.2000, c. 9, s. 65; 2002, c. 7, s. 92; 2014, c. 2, s. 49, c. 12, s. 252018, c. 31, s. 52
Nomination of Candidates
Manner of nominationA nomination paper shall be in the prescribed form and includea solemn declaration, in the prescribed form, made by the prospective candidate ofhis or her name, address and occupation,any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),the address designated by the prospective candidate for service of documents under this Act,the name and address of the prospective candidate’s official agent,the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2),the name of the political party that has endorsed the prospective candidate or, if none, the prospective candidate’s choice to either have the word “independent” or no designation of political affiliation under his or her name in election documents, andif the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;a statement signed by the prospective candidate consenting to the nomination;[Repealed, 2018, c. 31, s. 53]a statement signed by the official agent consenting to act in that capacity;for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the electoral district;for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district;the name, address and signature of the witness to each signature made under paragraph (e) or (f); andif applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).Particulars of candidates — nameFor the purpose of subparagraphs (1)(a)(i) and (i.1), the name shall not include any title, degree or other prefix or suffix.Particulars of candidates — occupationFor the purpose of subparagraph (1)(a)(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.Witness ensures signatures are local electors’A witness to a signature referred to in paragraph (1)(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.2000, c. 9, s. 66; 2001, c. 21, s. 7; 2014, c. 12, s. 262018, c. 31, s. 53
Filing of nomination paperA prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.Proof of identity — prospective candidateA prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); ortwo pieces of identification of a type authorized under subsection (3), each of which establishes that name.Authorized types of identificationThe Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.Name prospective candidate commonly known by — documentsIf a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.Authorized types of documentsThe Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).Auditor’s consentIf a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.Authorized personA prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).Proof of identity — authorized personA person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); ora copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.2000, c. 9, s. 67; 2001, c. 21, s. 8; 2014, c. 12, s. 27; 2015, c. 37, ss. 2, 62018, c. 31, s. 54
Party may endorse only one candidate per districtA political party may endorse only one prospective candidate in each electoral district for a given election.New endorsementIf, with respect to a particular electoral district, a candidate who has been endorsed by a political party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 74(1), the party may endorse another candidate in that electoral district before the close of nominations.Names of endorsed candidatesThe chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, withthe name of every prospective candidate who has been endorsed by the party;the electoral district in which the prospective candidate intends to be a candidate; andthe name of the person or persons who endorsed the prospective candidate on the party’s behalf.Information to returning officersAs soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).2000, c. 9, s. 68; 2001, c. 21, s. 92018, c. 31, s. 55
Closing day for nominationsThe closing day for nominations shall be Monday, the 21st day before polling day.
Hours of attendanceThe returning officer and the assistant returning officer shall attend between noon and 2:00 p.m. on the closing day for nominations at the office of the returning officer in order that the returning officer may receive nominations for prospective candidates who have not yet filed their nomination papers.Close of nominationsNo nomination may be received from any person who enters the office of the returning officer after 2:00 p.m. on the closing day for nominations.Designated filing placeThe returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:the nomination paper;the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b);the documents referred to in subsection 67(4);the statement referred to in subsection 67(6); andthe copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b).2000, c. 9, s. 702018, c. 31, s. 56
Notice to candidate of confirmation or refusalThe returning officer shall, not later than 48 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.Verification of nomination papersBefore giving confirmation of a nomination or refusing to accept one, the returning officer shall verify, in accordance with the instructions of the Chief Electoral Officer,that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be;that the signatures referred to in paragraph 66(1)(e) or (f) are those of electors who are entitled to vote in the electoral district in which the prospective candidate intends to seek nomination; andthat the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate.Correction or replacementA nomination paper that a returning officer has refused to accept may be replaced by another nomination paper or may be corrected if the new or corrected nomination paper is filed with the returning officer by the close of nominations.2000, c. 9, s. 712018, c. 31, s. 57
Name prospective candidate commonly known by — determinationIf a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.Confusion with name of political party — determinationIf the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.Name to appear on ballotThe name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unlessthe returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; orthe Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.ClarificationFor greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).Notice of name to appear on ballotThe returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.2018, c. 31, s. 58
[Repealed, 2018, c. 31, s. 59]
Electronic filingA person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.Proof of identityIf a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).Cancellation of nominationIf the original documents are not received on time, the returning officer shall cancel the nomination unless the person in respect of whom the nomination paper was filed satisfies the returning officer that all reasonable measures were taken to ensure that the original documents were received on time.2000, c. 9, s. 73; 2014, c. 12, s. 28(F)2018, c. 31, s. 60
Withdrawal of candidateA candidate may withdraw at any time before 5:00 p.m. on the closing day for nominations by filing, in person, with the returning officer a statement in writing to that effect signed by the candidate and witnessed by two electors who are entitled to vote in the electoral district in which the candidate’s nomination was confirmed.Consequences of withdrawalWhen a candidate withdraws under subsection (1), any votes cast for the candidate at the election are void.
Minor correctionsA candidate may, before 5:00 p.m. on the closing day for nominations, provide in writing to the returning officer any change that he or she wishes to be made to his or her name, address or occupation as set out in the nomination paper.
Votes for persons not properly nominated to be voidAny votes given for a person other than a candidate are void.
Postponement of closing day for nominations on death of candidateIf a candidate endorsed by a registered party dies after 2:00 p.m. on the 5th day before the closing day for nominations and before the close of polling stations on polling day, the election is postponed and the returning officer shall, after communicating with the Chief Electoral Officer, fix the 2nd Monday after the death as the closing day for nominations in that electoral district.New polling dayNotice of the day fixed under subsection (1) shall be given by a further Notice of Election distributed and posted as specified by the Chief Electoral Officer, and there shall also be named by the Notice of Election a new polling day, which shall be Monday, the 21st day after the day fixed under that subsection.Lists of electorsThe lists of electors to be used at a postponed election shall be the lists of electors that were revised before the 6th day before the new polling day.
Postponement of electionThe postponement of an election under section 77 and the fixing of a new closing day for nominations does not invalidate the nomination of the other candidates.
Ballots voidIf an election is postponed under section 77, all ballots that are cast before the postponement are void and shall be destroyed.
Rights of Candidates
Leave of absenceEvery employer of employees to whom Part III of the Canada Labour Code applies shall, on application, grant any such employee leave of absence, with or without pay, to seek nomination as a candidate and to be a candidate for the period during the election period that may be requested.
Canvassing, etc., in residential areasNo person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative fromin the case of an apartment building, condominium building or gated community, canvassing, between 9:00 a.m. and 9:00 p.m., at the doors to the apartments, units or houses, as the case may be; orin the case of a multiple-residence building, campaigning, between 9:00 a.m. and 9:00 p.m., in a common area in the multiple residence.ExceptionSubsection (1) does not apply in respect of a person who is in control of a multiple residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting canvassing or campaigning referred to in that subsection.2000, c. 9, s. 81; 2007, c. 21, s. 11
Campaigning in public placesNo person who is in control of a building, land, street or any other place, any part of which is open without charge to members of the public, whether on a continuous, periodic or occasional basis — including any commercial, business, cultural, historical, educational, religious, governmental, entertainment or recreational place — may prevent a candidate or his or her representative from campaigning in or on that part when it is open without charge to members of the public.ExceptionSubsection (1) does not apply in respect of a place if campaigning in or on it would be incompatible with the function and purpose of the place or inconsistent with public safety.2007, c. 21, s. 12
[Repealed, 2014, c. 12, s. 29]
[Repealed, 2014, c. 12, s. 29]
[Repealed, 2014, c. 12, s. 29]
[Repealed, 2014, c. 12, s. 29]
[Repealed, 2014, c. 12, s. 29]
[Repealed, 2014, c. 12, s. 29]
[Repealed, 2014, c. 12, s. 29]
[Repealed, 2014, c. 12, s. 29]
Prohibition
Ineligible candidateNo person shall sign a nomination paper consenting to be a candidate knowing that he or she is not eligible to be a candidate.
[Repealed, 2014, c. 12, s. 30]
Publishing false statement to affect election resultsNo person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period,a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; ora false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.ClarificationSubsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.2000, c. 9, s. 91; 2001, c. 21, s. 10(E)2018, c. 31, s. 61
Publishing false statement of candidate’s withdrawalNo person or entity shall publish a false statement that indicates that a candidate has withdrawn.2000, c. 9, s. 922018, c. 31, s. 61
[Repealed, 2014, c. 12, s. 31]
[Repealed, 2014, c. 12, s. 31]
[Repealed, 2014, c. 12, s. 31]
[Repealed, 2014, c. 12, s. 31]
[Repealed, 2014, c. 12, s. 31]
[Repealed, 2014, c. 12, s. 31]
Revision of Lists of ElectorsPreliminary Lists of Electors
Preliminary lists and information to returning officerAs soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall make it available to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.Preliminary lists to partiesThe Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued.Form of preliminary list of electorsA preliminary list of electors shall contain only the name and address of each elector in the electoral district and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.Publication of preliminary listsThe Chief Electoral Officer shall, not later than the 31st day before polling day, determine the number of names appearing on the preliminary lists of electors for each electoral district and cause that information to be published in the Canada Gazette.2000, c. 9, s. 93; 2007, c. 21, s. 132018, c. 31, s. 62
Preliminary lists to candidatesEach returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.2000, c. 9, s. 942018, c. 31, s. 63
Notice of Confirmation of Registration
Notice to electorsEach returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors whoare incarcerated electors as defined in section 177;[Repealed, 2018, c. 31, s. 64]are referred to in section 222.Form of noticeThe notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicatethe address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;the voting hours on polling day;a telephone number to call for more information;the dates of advance polls and the voting hours and locations of advance polling stations; andthe fact that proof of an elector’s identity and residence will be required before the elector is allowed to vote.Particular needsThe notice of confirmation of registration shall invite the elector to contact the returning officer if he or sherequires a language or sign language interpreter;requires a polling station that is in premises that are accessible to electors with a disability, which his or her polling station is not; oris unable to attend at a polling station because of a disability.Change in polling station addressIf, on or before the 5th day before polling day, there is a change in the address of the polling station of an elector to whom a notice of confirmation of registration has been sent, the returning officer shall send another notice to the elector indicating the new address.2000, c. 9, s. 95; 2007, c. 21, s. 14; 2014, c. 12, s. 322018, c. 31, s. 64
Revision Process
Revision of preliminary lists of electorsThe Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.Cancellation of by-electionIf a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, any revisions that are made to the preliminary lists of electors before the deemed withdrawal are deemed to have been approved by the returning officer or the assistant returning officer on the day fixed by the Chief Electoral Officer under subsection (1) as the beginning date for the revision of the preliminary lists of electors.2000, c. 9, s. 96; 2014, c. 12, s. 33
Election officers who are designated to receive applicationsThe returning officer, assistant returning officer and other election officers for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.Applications for addition, correction or deletionAll applications referred to in subsection (1) that are received by election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.2000, c. 9, s. 972018, c. 31, s. 65
Revision officesThe returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall be in premises that are accessible to electors with a disability.2000, c. 9, s. 98; 2014, c. 12, s. 342018, c. 31, s. 65
Revision — purposeThe returning officer and assistant returning officer for an electoral district shall revise the preliminary lists of electors for that electoral district byadding the names of electors who were omitted from the lists;correcting information respecting electors whose names are on the lists; anddeleting the names of persons whose names were incorrectly inserted on the lists.
Information in Register of ElectorsThe Chief Electoral Officer may, for the purpose of section 99, provide to the returning officer and assistant returning officer information contained in the Register of Electors.2007, c. 21, s. 15
Election officers to act in pairsElection officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.Disagreement between election officersIn case of disagreement between members of a pair, the two election officers shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.2000, c. 9, s. 1002018, c. 31, s. 66
Relevant elector informationThe returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors ifthe elector completes the prescribed registration form, establishes that he or she should be included on the list and provides satisfactory proof of identity;another elector who lives at the same residence as the elector completes the prescribed registration form, establishes that the elector should be included on the list and provides satisfactory proof of identity in respect of that elector;another elector who does not live at the same residence as the elector completes the prescribed registration form for the elector, establishes that the elector should be included on the list and provideswritten authorization from the elector allowing the other elector to complete the form for him or her, andsatisfactory proof of identity in respect of both electors; orthe elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.Prescribed registration formThe prescribed registration form shall include a statement, to be signed by the elector who completes the form, that the elector whose name is to be added to the preliminary list of electors under subsection (1) is qualified as an elector.Addition of elector’s nameThe returning officer or assistant returning officer may also add to the preliminary list of electors the name of any elector whose name is added to the Register of Electors after that list has been prepared.Exclusion from Register of ElectorsAn elector whose name is added to a preliminary list of electors under paragraph (1)(a) may request that his or her name not be included in the Register of Electors.Change of addressThe previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (d) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector’s name shall then be deleted from the Register of Electors in relation to the previous address.Deletion of name of electorThe returning officer or assistant returning officer may delete the name of a person from a preliminary list of electors ifthe person requests it and provides satisfactory proof of identity;it is established that the elector is deceased;it is established that the information provided in respect of the elector is not valid; orit is established that the elector no longer resides at the address indicated on the list.CorrectionsThe returning officer or assistant returning officer may approve corrections to the information, in respect of an elector, on a preliminary list of electors ifthe elector has requested the correction under subsection 97(1); orthere is an omission, inaccuracy or error.Address change within electoral districtAn elector who changes his or her address within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity and residence to one of the election officers mentioned in subsection 97(1), apply to have the relevant corrections made to the appropriate preliminary list of electors. Another elector who lives at the same residence as the elector in question, on providing satisfactory proof of identity and residence in respect of the elector in question, may apply to have the relevant corrections made to that list in respect of the elector in question.2000, c. 9, s. 101; 2007, c. 21, s. 16; 2014, c. 12, s. 352018, c. 31, s. 67
Notice of confirmation of registrationEach returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).
[Repealed, 2018, c. 31, s. 68]
[Repealed, 2018, c. 31, s. 68]
Updated Preliminary Lists of Electors
Lists to candidatesEach returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.2007, c. 21, s. 172018, c. 31, s. 69
Lists to registered partiesThe Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.2018, c. 31, s. 69
Revised Lists of Electors and Official Lists of Electors
Revised list of electorsEach returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.Publication of revised listsThe Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.
Official list of electorsEach returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.2000, c. 9, s. 106; 2014, c. 12, s. 362018, c. 31, s. 70
Form of listsThe revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.Lists to election officersEach returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.Lists to candidatesEach returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.Lists to registered partiesThe Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.2000, c. 9, s. 107; 2007, c. 21, s. 18; 2014, c. 12, s. 372018, c. 31, s. 70
Merger of Polling Divisions
Merger of polling divisionsAfter the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.[Repealed, 2018, c. 31, s. 71]2000, c. 9, s. 1082018, c. 31, s. 71
Final Lists of Electors
Final list of electorsThe Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.Lists to member and partiesThe Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.[Repealed, 2018, c. 31, s. 72]2000, c. 9, s. 109; 2001, c. 21, s. 112018, c. 31, s. 72
Use of Lists of Electors
Registered partiesA registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.Eligible partiesAn eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.MembersA member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists forcommunicating with his or her electors; andif the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.CandidatesA candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.2000, c. 9, s. 110; 2007, c. 21, s. 19; 2014, c. 12, s. 382018, c. 31, s. 73
Prohibitions
Prohibitions in relation to lists of electorsNo person shallwilfully apply to be included in a list of electors in a name that is not his or her own;wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same election;wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;wilfully apply to have included in a list of electors the name of an animal or thing; orknowingly use personal information that is recorded in a list of electors for a purpose other thanto enable registered parties, eligible parties, members or candidates to communicate with electors in accordance with section 110, orfor the purposes of the administration and enforcement of this Act or the Referendum Act.2000, c. 9, s. 111; 2014, c. 12, s. 392018, c. 31, s. 74
Preparation for the VoteList of Election Officers
List of election officers to candidatesA returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.Access to listThe returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.2000, c. 9, s. 1122018, c. 31, s. 76
Election Materials
Delivery to returning officersThe Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.2000, c. 9, s. 1132018, c. 31, s. 77
Ballot boxesThe Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.Material of ballot boxEach ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and other election officers to be affixed.2000, c. 9, s. 1142018, c. 31, s. 78
Ballot paperAs soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.Printing materialBefore the closing day for nominations, the Chief Electoral Officer shall deliver to every returning officer the printing material prepared for that election for the purpose of printing the year and the name of the electoral district on the back of the ballot.
Ballot printed in Form 3The returning officer shall, as soon as possible after 2:00 p.m. on the 19th day before polling day, authorize the printing of a sufficient number of ballots in Form 3 of Schedule 1.Form of ballotBallots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.Numbering of ballotsThe ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.Books of ballotsBallots shall be in books containing an appropriate number of ballots.Obligation re: ballots, ballot paperEach printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.Printer’s name and affidavitBallots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).2000, c. 9, s. 1162018, c. 31, s. 79(F)
Information on the ballotBallots shall contain the names of candidates referred to in subparagraph 66(1)(a)(i) or (i.1), as the case may be, and taken from their nomination papers, arranged alphabetically.Name of partyThe name, in the form referred to in paragraph 385(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate ifthe candidate’s nomination paper includes it;the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; andno later than 48 hours after the close of nominations, the party is a registered party.[Repealed, 2004, c. 24, s. 2]Designation of candidate as independentThe word “independent” shall be listed on the ballot under the name of the candidate who has requested it in accordance with subparagraph 66(1)(a)(v) and may not be so listed in any other case.[Repealed, 2001, c. 21, s. 12]Address or occupation on ballotThe ballot shall list under the candidate’s name the address or occupation of a candidate who makes a written request to that effect to the returning officer before 5:00 p.m. on the closing day for nominations, if the candidate and another candidate on the ballot have the same name and both candidates have chosen under subparagraph 66(1)(a)(v) to either have the word “independent” or no designation of political affiliation under their names in election documents.2000, c. 9, s. 117; 2001, c. 21, s. 12; 2004, c. 24, s. 2; 2007, c. 21, s. 20; 2014, c. 12, s. 402018, c. 31, s. 80
Property of Her MajestyBallot boxes, ballots, envelopes and marking instruments procured for an election are the property of Her Majesty.
Provision of Election Materials to Election Officers
Materials to be provided to election officersBefore voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district withenough ballots for at least the number of electors on the official list of electors for the polling station;a statement showing the number of ballots that are provided, with their serial numbers;the necessary materials for electors to mark their ballots;an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance;a copy of the instructions of the Chief Electoral Officer referred to in section 113;the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies;a ballot box for polling day and a separate ballot box for each day of advance polling;the text of the oaths to be administered to electors; andthe necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer.Safekeeping of election materialsUntil the opening of the poll, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure the safekeeping of those materials and to prevent any person from having unlawful access to them.2000, c. 9, s. 119; 2014, c. 12, s. 412018, c. 31, s. 82
Polling Stations
Establishment of polling stationsEach returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.2000, c. 9, s. 1202018, c. 31, s. 83
AccessibilityA polling station shall be in premises that are accessible to electors with a disability.ExceptionIf a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.Voting compartmentsEach polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.Table or deskEach voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots.2000, c. 9, s. 1212018, c. 31, s. 84
[Repealed, 2018, c. 31, s. 85]Polling station in school or other public buildingWhenever possible, a returning officer shall establish a polling station in a school or other suitable public building.Polling station in federal buildingsA returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement.2000, c. 9, s. 1222018, c. 31, s. 85
[Repealed, 2018, c. 31, s. 86]
[Repealed, 2018, c. 31, s. 86]
Mobile polling stationWhen a polling division consisting of two or more institutions is constituted under subsection 538(5), the returning officer may establish a mobile polling station to be located in each of those institutions successively.Voting hours for mobile polling stationThe returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1).NoticeThe returning officer shall give notice to the candidates of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer.Provisions applicable to mobile pollsSubject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.
Information — location of polling stationsThe returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.Notification of change — on or before 5th day before polling dayIf, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.Electoral district maps — electronic formatThe maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.Notification of change — after 5th day before polling dayIf, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.2014, c. 12, s. 432018, c. 31, s. 87
Prohibitions
Prohibitions re ballots, etc.No person shallforge a ballot;without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at an election;being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print;print a ballot or what purports to be or is capable of being used as a ballot at an election with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; ormanufacture, import into Canada, have in possession, supply to an election officer, or use for the purpose of an election, or cause to be manufactured, imported into Canada, provided to an election officer, or used for the purposes of an election, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered.
VotingVoting Opportunities
Manner of votingAn elector may votein person at a polling station on polling day;in person at an advance polling station during the period provided for the advance poll; orby means of a special ballot issued in accordance with Part 11.
Polling DayHours
Hours of votingThe voting hours on polling day arefrom 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone;from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone;from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; andfrom 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone.Exception — SaskatchewanDespite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan arein the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; andin the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m.
Daylight-saving timeThe Chief Electoral Officer may, if he or she considers it necessary, set the voting hours for the electoral district so that the opening and closing of its polls coincide with the opening and closing of the polls in other electoral districts in the same time zone.
When polls lie in two time zonesWhen more than one local time is observed in an electoral district, the returning officer shall, with the prior approval of the Chief Electoral Officer, determine one local time to be observed for every operation prescribed by this Act, and shall publish the hours in the Notice of Election referred to in section 62.
By-electionsIf only one by-election is held or if more than one by-election is held on the same day and all of them are in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.
Time to Employees for Voting
Consecutive hours for votingEvery employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those three consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those three consecutive hours.Time at convenience of employerThe time that the employer shall allow for voting under subsection (1) is at the convenience of the employer.Transportation companiesThis section and section 133 do not apply to an employee of a company that transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation, if the additional time referred to in subsection (1) cannot be allowed without interfering with the transportation service.
No penalty for absence from work to voteNo employer may make a deduction from the pay of an employee, or impose a penalty, for the time that the employer shall allow for voting under subsection 132(1).Hourly, piece-work or other basis of employmentAn employer who pays an employee less than the amount that the employee would have earned on polling day, had the employee continued to work during the time referred to in subsection 132(2) that the employer allowed for voting, is deemed to have made a deduction from the pay of the employee, regardless of the basis on which the employee is paid.
ProhibitionNo employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132.
Proceedings at the Poll
Who may be present at polling stationThe only persons who may be present at a polling station on polling day areany field liaison officer;the returning officer, his or her representatives and any member of his or her staff whom he or she authorizes to be present;any election officer whom the returning officer authorizes to be present;the candidates;two representatives of each candidate or, in their absence, two electors to represent each candidate;an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote;any observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present;[Repealed, 2018, c. 31, s. 88]if a polling division of an electoral district in which a registered party’s leader is a candidate is assigned to the polling station, any media representative who — subject to any conditions that the Chief Electoral Officer considers necessary to protect the integ­rity of the vote and the privacy of any person present at the polling station — is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any audio or video recording of the candidates as they cast their votes; andthe auditor referred to in section 164.1.Delivery of representative’s authorizationWhen a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form, or a copy of it, to an election officer who is assigned to the polling station.Representative authorized in writingA representative bearing a written authorization referred to in subsection (2), or a copy of one, is a representative of the candidate for the purposes of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate.Solemn declarationEach representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall make a solemn declaration in the prescribed form.Solemn declarationA candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, make a solemn declaration in the prescribed form before an election officer who is assigned to that polling station. The representative is not required to make another solemn declaration on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already made the solemn declaration.2000, c. 9, s. 135; 2014, c. 12, s. 442018, c. 31, s. 88
Presence of representativesA candidate or the candidate’s official agent may authorize any number of representatives of the candidate to be present at a polling station, but only two of each candidate’s representatives may be present at any time.Representatives may absent themselves from pollA representative of a candidate, or an elector described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent, or a copy of one, or to make another solemn declaration.Moving between polling stationsDespite subsection (2), a candidate’s representative may, either before or after the counting of the votes begins, go from one polling station to another if those polling stations are in the same polling place. However, once the representative leaves the polling place, he or she is not permitted to return after the counting of the votes begins.Examination of list of electors and conveying informationA representative of a candidate may, during voting hours,examine the list of electors, provided that the representative does not delay an elector in casting his or her vote; andconvey any information obtained by the examination referred to in paragraph (a) to a representative of the candidate who is on duty outside the polling station.Photographs, recordings and communications devicesA candidate’s representativeshall not take any photograph or make any audio or video recording at a polling station; andshall not, if he or she uses a communications device at a polling station, impede any elector from exercising their right to vote or violate the secrecy of the vote.2000, c. 9, s. 136; 2014, c. 12, s. 452018, c. 31, s. 89
Candidate may act as representativeA candidate may perform the duties of a representative of the candidate, or may assist the representative in the performance of those duties, and may be present at any place that the representative is authorized to attend under this Act.Non-attendance of representativesThe non-attendance of a representative of a candidate at any time or place authorized by this Act does not in any way invalidate any act or thing done during the absence of the representative if the act or thing is otherwise duly done.
Initialling ballotsBefore a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, an election officer who is assigned to the polling station shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.Ballots not to be detachedFor the purpose of initialling, the ballots shall not be detached from the books in which they are contained.Vote not to be delayedThe opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors.2000, c. 9, s. 1382018, c. 31, s. 90
Counting of ballots before opening of pollCandidates or their representatives who are in attendance at least 15 minutes before a polling station opens are entitled to have the ballots intended to be used at the polling station carefully counted in their presence and to inspect the ballots and all other documents relating to the vote.
Examining and sealing ballot boxWhen the polling station opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shallseal the ballot box with the seals provided by the Chief Electoral Officer; andplace the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes.2000, c. 9, s. 1402018, c. 31, s. 91
Admitting Voters
Calling electorsImmediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote.2000, c. 9, s. 1412018, c. 31, s. 92
Electors not to be impededAn election officer who is assigned to the polling station shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.2000, c. 9, s. 1422018, c. 31, s. 92
Elector to give name and addressEach elector, in order to receive a ballot, shall give his or her name and address to an election officer who is assigned to the polling station, and, on request, to a candidate or a candidate’s representative.Proof of identity and residenceIf the election officer determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide the election officer with the following proof of his or her identity and residence:one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the elector and his or her name and address; ortwo pieces of identification of a type authorized under subsection (2.1), each of which establishes the elector’s name and at least one of which establishes the elector’s address.Authorized types of identificationThe Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document may be authorized, regardless of who issued it.Person registered as an IndianFor the purposes of paragraph (2)(b), a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes an authorized piece of identification.Solemn declarationAn elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and whoprovides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; andvouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.Vouching for electors in long-term care institutionIf an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.Definition of employeeIn subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.Proof of residenceIf the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.Request to make solemn declarationDespite subsection (3.1), if the election officer referred to in subsection (1), a candidate or a candidate’s representative has reasonable doubts concerning the residence of an elector referred to in subsection (3.1), the officer, candidate or representative may request that the elector make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the elector’s residence is deemed to have been proven only if he or she makes that solemn declaration.Examination of identification documentsA candidate or their representative may examine but not handle any piece of identification presented under this section.VotingIf the election officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2), (3), (3.1) or (3.2), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.[Repealed, 2018, c. 31, s. 93][Repealed, 2018, c. 31, s. 93]PublicationThe Chief Electoral Officer shall publish each year, and within three days after the issue of a writ, in a manner that he or she considers appropriate, a notice setting out the types of identification that are authorized for the purpose of paragraph (2)(b). The first annual notice shall be published no later than six months after the coming into force of this subsection.2000, c. 9, s. 143; 2007, c. 21, s. 21, c. 37, s. 1; 2014, c. 12, s. 462018, c. 31, s. 93
Requirement before making solemn declaration — electorIf a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).Requirement before making solemn declaration — vouching for electorIf a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).2007, c. 21, s. 21; 2014, c. 12, s. 472018, c. 31, s. 94
Proof of qualification as electorIf the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.2000, c. 9, s. 144; 2007, c. 21, s. 212018, c. 31, s. 94
Proof of identity, etc., or oath not requiredOnce an elector has been given a ballot, no person shall require the elector to prove his or her identity and residence in accordance with subsection 143(2) or (3).2007, c. 21, s. 21
[Repealed, 2007, c. 21, s. 21]
Name and address corresponding closely to anotherIf the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.2000, c. 9, s. 146; 2007, c. 21, s. 222018, c. 31, s. 95
Person in whose name another has votedIf a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.Requirement before making solemn declarationAn election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).2000, c. 9, s. 147; 2007, c. 21, s. 22; 2014, c. 12, s. 482018, c. 31, s. 95
Name crossed off list in errorIf an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.2000, c. 9, s. 148; 2007, c. 21, s. 22; 2014, c. 12, s. 482018, c. 31, s. 95
Failure to prove identity or residenceAn elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.When elector refuses to make solemn declarationIf an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.2007, c. 21, s. 22; 2014, c. 12, s. 492018, c. 31, s. 95
Elector not allowed to voteAn elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unlessthe elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); orthe elector gives the election officer a registration certificate described in subsection 161(4).[Repealed, 2018, c. 31, s. 96]2000, c. 9, s. 149; 2007, c. 21, s. 232018, c. 31, s. 96
Voting Procedure
Delivery of ballot to electorEvery elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.Instructions to elector on receiving ballotThe election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.2000, c. 9, s. 1502018, c. 31, s. 97
Manner of votingAn elector shall, after receiving a ballot,proceed directly to the voting compartment;mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice;fold the ballot as instructed by the election officer; andreturn the ballot to the election officer who provided it.Return of ballotThe election officer shall, on receiving the ballot from the elector,without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it;remove and destroy the counterfoil in full view of the elector and all other persons present; andreturn the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.2000, c. 9, s. 1512018, c. 31, s. 98
Spoiled ballotIf the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.LimitAn elector shall not be given more than one ballot under subsection (1).2000, c. 9, s. 1522018, c. 31, s. 99
No delay in votingEvery elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box.Electors present at close of voting hours allowed to voteAn elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.
Special Voting Procedures
Assistance by election officerOn request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.TemplateAn election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.2000, c. 9, s. 1542018, c. 31, s. 100
Assistance by friend or related personIf an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:a friend of the elector;the elector’s spouse or common-law partner; ora relative of the elector or of the elector’s spouse or common-law partner.[Repealed, 2018, c. 31, s. 101]Solemn declarationA person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or shewill mark the ballot paper in the manner directed by the elector;will not disclose the name of the candidate for whom the elector voted;will not try to influence the elector in choosing a candidate; andhas not, during the current election, assisted another person, as a friend, to mark a ballot.[Repealed, 2018, c. 31, s. 101]2000, c. 9, s. 155, c. 12, s. 402018, c. 31, s. 101
Use of interpreterAn election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.2000, c. 9, s. 1562018, c. 31, s. 102
Elector who is confined to bedAt a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shallsuspend temporarily the voting in the polling station; andwith the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary election documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated.Procedure for taking the votesWhen the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.2000, c. 9, s. 1572018, c. 31, s. 103
Transfer Certificates
Transfer certificate for candidateA candidate whose name appears on the list of electors for a polling station is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district.Transfer certificate for election officerAn election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.ConditionA transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.Transfer certificate for elector whose polling station has movedIf an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station.2000, c. 9, s. 158; 2007, c. 21, s. 242018, c. 31, s. 104
Transfer certificate for elector with disabilityAn elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.ApplicationThe application shall be made in accordance with the Chief Electoral Officer’s instructions.Issue of transfer certificate to elector with disabilityAn election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.2000, c. 9, s. 159, c. 12, s. 40; 2007, c. 21, s. 252018, c. 31, s. 105
Signing, numbering and recording transfer certificateThe election officer who issues a transfer certificate shallfill in and sign the certificate and mention on it the date of its issue;consecutively number the certificate in the order of its issue;keep a record of the certificate in the order of its issue on the prescribed form;not issue the certificate in blank; andif possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.2000, c. 9, s. 1602018, c. 31, s. 106
Polling Day Registration
Registration in personAn elector whose name is not on the list of electors may register in person on polling day before an election officer if the electorprovides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; orproves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and whoprovides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, andvouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.Vouching for electors in long-term care institutionIf an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.Definition of employeeIn subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.Representative of each candidateThe election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.Examination of identification documentsThe representative of a candidate may examine but not handle any piece of identification provided by the elector.Registration certificateIf the elector satisfies the requirements of subsection (1), the election officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.List deemed to be modifiedWhen a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.Prohibition — registration on polling dayIt is prohibited for any person toknowingly apply to be registered on polling day in a name that is not their own;knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; orcompel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.[Repealed, 2018, c. 31, s. 107][Repealed, 2018, c. 31, s. 107]2000, c. 9, s. 161; 2007, c. 21, s. 26, c. 37, s. 2; 2014, c. 12, s. 502018, c. 31, s. 107
Requirement before making solemn declaration — electorIf a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).Requirement before making solemn declaration — vouching for electorIf a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).2007, c. 21, s. 27; 2014, c. 12, s. 512018, c. 31, s. 108
Duties of Election Officers Assigned to Polling Station
DutiesAn election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shallmake, on the prescribed form, the entries required under this Act;as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted;indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate;[Repealed, 2018, c. 31, s. 110]indicate, if applicable, on the prescribed form that the elector has voted under section 146;indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration;indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2);indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; andindicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).2000, c. 9, s. 162; 2007, c. 21, s. 28; 2014, c. 12, s. 522018, c. 31, s. 110
Secrecy
Secret voteThe vote is secret.
Procedure in case of contravention of secrecyIt is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.ClarificationFor greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.2000, c. 9, s. 1642018, c. 31, s. 111
Audit
Engagement of auditorFor each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.2014, c. 12, s. 532018, c. 31, s. 112
Prohibitions
Prohibition — use of loudspeakers on polling dayNo person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a political party that is listed on the ballot under the name of a candidate or the election of a candidate.2000, c. 9, s. 165; 2001, c. 21, s. 13
Prohibitions — emblems, etc., in polling stationNo person shallpost or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot under the name of a candidate or the election of a candidate; andwhile in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or political party that is listed on the ballot under the name of a candidate, or the political or other opinions entertained, or supposed to be entertained, by the candidate or party.[Repealed, 2018, c. 31, s. 113]ExceptionDespite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the name of the political party that is listed on the ballot under the name of the candidate.2000, c. 9, s. 166; 2001, c. 21, s. 142018, c. 31, s. 113
[Repealed, 2018, c. 31, s. 114]
Advance PollingEstablishment of Advance Polling Stations
Establishment of advance polling districtsEach returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions.Description of districtsThe returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established.Establishment of advance polling stationAn advance polling station shall be established in each advance polling district.Combining advance polling districtsWhen a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.Request to move an advance polling stationWhen a request is made to a returning officer not later than four days after the issue of the writ to change the location of an advance polling station, the returning officer, with the prior approval of the Chief Electoral Officer, may do so.AccessibilityAn advance polling station shall be in premises that are accessible to electors with a disability.ExceptionIf a returning officer is unable to secure suitable premises for an advance polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the advance polling station in premises that are not accessible to such electors.Advance polling station in more than one premisesIf the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.2000, c. 9, s. 168; 2007, c. 21, s. 292018, c. 31, s. 115
Transfer Certificates
Transfer certificate for candidateA candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.Transfer certificate for election officerAn election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.ConditionA transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.Transfer certificate for elector whose advance polling station has movedIf an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.2018, c. 31, s. 116
Transfer certificate for elector with disabilityAn elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.Application requirementsThe application shall be made in accordance with the Chief Electoral Officer’s instructions.Issue of transfer certificate to elector with disabilityAn election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.2018, c. 31, s. 116
Signing, numbering and recording transfer certificateThe election officer who issues a transfer certificate shallfill in and sign the certificate and mention on it the date of its issue;consecutively number the certificate in the order of its issue;keep a record of the certificate in the order of its issue on the prescribed form;not issue the certificate in blank; andif possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.2018, c. 31, s. 116
Registration
Registration at advance polling stationEvery elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.ConditionsAn elector shall not be registered unless he or sheprovides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; orproves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and whoprovides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, andvouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.Vouching for electors in long-term care institutionIf an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.Definition of employeeIn subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.Examination of identification documentsThe representative of a candidate may examine but not handle any piece of identification provided by the elector.Registration certificateIf the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.EntryAn election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.Prohibition — registration at advance polling stationIt is prohibited for any person toknowingly apply to be registered at an advance polling station in a name that is not their own;knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;apply to be registered at an advance polling station to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; orcompel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person at an advance polling station.[Repealed, 2018, c. 31, s. 117][Repealed, 2018, c. 31, s. 117]2000, c. 9, s. 169; 2007, c. 21, s. 30, c. 37, s. 3; 2014, c. 12, s. 542018, c. 31, s. 117
Requirement before making solemn declaration — electorIf a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).Requirement before making solemn declaration — vouching for electorIf a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).2007, c. 21, s. 31; 2014, c. 12, s. 552018, c. 31, s. 118
List deemed to be modifiedWhen a registration certificate is completed and signed in accordance with subsection 169(3), the list of electors is deemed to have been modified in accordance with the certificate.
Voting Procedure
Conduct of advance pollsExcept as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.When advance polling stations to be openAn advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.2000, c. 9, s. 171; 2014, c. 12, s. 562018, c. 31, s. 119
Notice of advance pollEach returning officer shall, not later than Saturday, the 16th day before polling day,give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:the numbers of the polling divisions in every advance polling district established by the returning officer,the location of each advance polling station,the place where, for each advance polling station, an election officer who is assigned to the advance polling station shall count the number of votes cast at the advance polling station, andthat the counting of the votes cast shall begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations;send two copies of the notice to each candidate and to the Chief Electoral Officer; andmake available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.Maps made available to registered partiesThe Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.2000, c. 9, s. 1722018, c. 31, s. 120
Who may vote at advance pollsAn elector whose name is on the revised list of electors for a polling division in an advance polling district may vote at the advance polling station established for the advance polling district.Elector not on the revised listAn elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).Procedure by election officerIf an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).2000, c. 9, s. 173; 2007, c. 21, s. 322018, c. 31, s. 121
Duties of election officerIf an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.Number of advance polling districtAn election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.Record of votes castAn election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.2000, c. 9, s. 174; 2007, c. 21, s. 33; 2014, c. 12, s. 572018, c. 31, s. 122
Opening of advance polling stationAt the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,on the 1st day of advance polling,open the ballot box and ascertain that it is empty,seal the ballot box with the seals provided by the Chief Electoral Officer, andplace the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day; andon the 2nd, 3rd and 4th days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.Close of advance polling stationAt the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.Other ballot boxesIf an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,take the steps set out in subparagraphs (1)(a)(i) to (iii) with regard to that other ballot box; andtake the steps set out in paragraph (1)(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.Candidates may check sealsThe candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; andfor each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.Custody of ballot boxesUntil the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.Recovery of ballot boxDespite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.Recovery of ballot box — dwelling place or vehicleIf a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).Authority to issue warrantOn ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath thata ballot box is in the dwelling place or vehicle;entry to the dwelling place or vehicle is necessary to recover the ballot-box; andentry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.Means of telecommunicationAn application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.2000, c. 9, s. 175; 2014, c. 12, s. 582018, c. 31, s. 1222022, c. 17, s. 68
Collecting the record of votes cast at an advance polling stationAs soon as possible after the close of advance polling stations on Monday, the 7th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.Crossing off names of voters at advance polls from listsWithout delay after the returning officer collects the records of votes cast at advance polling stations, he or she shall cross off the lists of electors the names of all electors who voted at the advance polling stations.When lists already distributedIf an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct an election officer who is assigned to the polling station to cross their names off the list, and the election officer shall do so without delay.2000, c. 9, s. 1762018, c. 31, s. 123
Special Voting RulesInterpretation and Application
DefinitionsThe definitions in this section apply in this Part, and Parts 11.1 and 19.administrative centre[Repealed, 2018, c. 31, s. 124]application for registration and special ballot means an application completed by an elector in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)Canadian Forces elector[Repealed, 2018, c. 31, s. 124]commanding officer means the commanding officer of a unit. (commandant)coordinating officer means the person so designated by the Minister of National Defence under subsection 199(1) or a person so designated by the minister responsible for corrections in a province under section 246. (agent coordonnateur)deputy returning officer[Repealed, 2018, c. 31, s. 124]incarcerated elector means an elector who is incarcerated in a correctional institution. (électeur incarcéré)inner envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be enclosed after it has been marked. (enveloppe intérieure)liaison officer means an elector designated as a liaison officer under subsection 199.2(1) or a person appointed as a liaison officer under subsection 248(1). (agent de liaison)outer envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be transmitted after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)special ballot means a ballot, other than a ballot referred to in section 241, that is provided to an elector who is entitled to vote under this Part. (bulletin de vote spécial)special ballot officer means a person who is appointed by the Chief Electoral Officer under section 183 or 184. (agent des bulletins de vote spéciaux)special voting rules administrator means a person who is appointed under section 181. (administrateur des règles électorales spéciales)statement of ordinary residence[Repealed, 2018, c. 31, s. 124]unit has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element. (unité)unit election officer means an elector designated as a unit election officer under paragraph 205(1)(b). (fonctionnaire électoral d’unité)voting territory[Repealed, 2018, c. 31, s. 124]2000, c. 9, s. 1772018, c. 31, s. 124
ApplicationThe voting procedures contained in this Part apply to general elections only.ExceptionThe Chief Electoral Officer may, by instructions, adapt this Part so that any or all of its provisions apply to a by-election.
InstructionsFor the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.
Administration and General Procedures
[Repealed, 2018, c. 31, s. 125]
Appointment of special voting rules administratorThe Chief Electoral Officer shall appoint, in the prescribed form, a special voting rules administrator.
Duties of special voting rules administratorThe special voting rules administrator shallsecure suitable premises;retain the solemn declaration of each special ballot officer that is made under subsection 23(1);obtain from the liaison officers the lists prepared under paragraph 204(1)(b);obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;distribute the election materials and the list of candidates;receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors;proceed with the counting of the votes of electors; andcommunicate the results of the votes cast in accordance with this Part.2000, c. 9, s. 1822018, c. 31, s. 126
Special ballot officersAfter the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; andone, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.Appointment of special ballot officersA special ballot officer shall be appointed in the prescribed form.
Appointment of additional special ballot officersIf the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).Decision of Chief Electoral OfficerIf the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects.
Merger of partiesIn the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.Decision of Chief Electoral OfficerIn the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate.
Form of special ballotsSpecial ballots supplied by the Chief Electoral Officer to electors under this Part shall be in accordance with Form 4 of Schedule 1.
Distribution of election materialsWithout delay after the writs are issued, the special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.2018, c. 31, s. 127
List of candidatesThe Chief Electoral Officer shall establish a list of candidates nominated in each electoral district and, in accordance with section 117, set out the political affiliation of each of them.
Delivery of list of candidatesWithout delay after a list of candidates is established, the special voting rules administrator shall provide the list to the coordinating officer, to every liaison officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person.2000, c. 9, s. 1882018, c. 31, s. 128
[Repealed, 2018, c. 31, s. 128]
Canadian Forces ElectorsInterpretation
DefinitionsThe definitions in this section apply in this Division.alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence. (adresse de substitution)elector means a person referred to in section 191. (électeur)service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces. (numéro matricule)voting period means the period beginning 14 days before polling day and ending 9 days before polling day. (période de scrutin)2000, c. 9, s. 1902018, c. 31, s. 130
Election officersFor the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)(f) also apply to them if they are relieved of duty.2018, c. 31, s. 131
Voting Entitlement
Qualification and right to voteAny of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:a member of the regular force of the Canadian Forces;a member of the reserve force of the Canadian Forces; anda member of the special force of the Canadian Forces.[Repealed, 2018, c. 31, s. 133]2000, c. 9, s. 1912018, c. 31, s. 133
Registration
Right to registerWhen a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.Right to register — future electorWhen a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.Service numberAn elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.2000, c. 9, s. 1922018, c. 31, s. 134
[Repealed, 2018, c. 31, s. 134]
[Repealed, 2018, c. 31, s. 134]
[Repealed, 2018, c. 31, s. 134]
[Repealed, 2018, c. 31, s. 134]
[Repealed, 2018, c. 31, s. 134]
[Repealed, 2018, c. 31, s. 134]
Coordinating Officer
DesignationThe Minister of National Defence shall designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.DutyThe coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector or future elector:his or her surname, given names, gender, rank and service number;his or her date of birth;the civic address and mailing address of his or her place of ordinary residence; andhis or her current mailing address.Updating Register of ElectorsThe Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.Retention of certain informationThe Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.Information provided to coordinating officerThe Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)(a) to (d) relating to each elector or future elector who has provided a service number under this Part.2000, c. 9, s. 1992018, c. 31, s. 135
CooperationThe coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, ofa person employed by or in support of the Canadian Forces outside Canada;a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; ora person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).2018, c. 31, s. 136
Liaison Officers
DesignationThe Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.Duty of coordinating officerThe coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.2018, c. 31, s. 136
Steps to Prepare for Vote
Duty of Chief Electoral OfficerWithout delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue.2000, c. 9, s. 2002018, c. 31, s. 137
[Repealed, 2018, c. 31, s. 137]
Duty of coordinating officerOn being informed of the issue of the writs, the coordinating officer shall inform each liaison officer and commanding officer of their issue.2000, c. 9, s. 2022018, c. 31, s. 137
Duty of liaison officers — informationOn being informed of the issue of the writs, a liaison officer shall give each commanding officer in respect of whose unit the liaison officer has liaison duties all necessary information for carrying out the purposes and provisions of this Division.2000, c. 9, s. 2032018, c. 31, s. 137
Duties of Commanding Officers
NoticeOn being informed of the issue of the writs, each commanding officer shallpublish a notice as a part of unit orders; andprepare a list of the names of the electors of his or her unit.Contents of noticeThe notice shall notify electors that an election has been called and of the date of polling day and shall inform the electors thatthey may vote in accordance with this Division; andthe commanding officer will designate one or more unit election officers to collect their votes and fix the voting times during the voting period.Contents of listThe list shall be arranged alphabetically and shall indicate each elector’s surname, given names and service number, the address of his or her place of ordinary residence and his or her electoral district.2000, c. 9, s. 2042018, c. 31, s. 138
Alternative address — commanding officerFor the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).Alternative address — electorFor the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.Special voting rules administrator informedThe commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.ClarificationFor greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.2018, c. 31, s. 139
Duties of commanding officerAfter being informed of the issue of the writs, but no later than the 28th day before polling day, each commanding officer shallestablish polling stations;designate a sufficient number of electors as unit election officers to allow for voting to take place at each polling station;through a liaison officer, provide the special voting rules administrator with a list of the unit election officers and their ranks, and the list of electors for the unit; andprovide the unit election officers with the list of electors for the unit.FacilitiesEach commanding officer shall provide the facilities that are necessary to enable the electors to vote in accordance with this Division.Voting timesEach commanding officer shall fix the voting times so that the polling stations in his or her unit are open for at least three hours a day on at least three days during the voting period.2000, c. 9, s. 2052018, c. 31, s. 140
Mobile polling stationA commanding officer may establish a mobile polling station in any area for the purpose of collecting the votes of electors who cannot conveniently reach polling stations established at their unit.Opening periodA mobile polling station shall remain in an area and be open for the collection of votes for the days and hours during the voting period that the commanding officer considers necessary to give electors in the area a reasonable opportunity to vote.
Joint polling stationsThe commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.2000, c. 9, s. 2072018, c. 31, s. 141
Notice of polling stations and voting timesDuring each of three or more days before the voting period and on each day on which the vote is held, each commanding officer shall publish in his or her unit’s orders and put in a conspicuous place a notice that statesthe days on which the electors may vote;the precise location of, and the voting hours at, each polling station, other than a mobile polling station; andin the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location.
Election materialsOn receiving election materials and the list of candidates, each commanding officer shalldistribute the materials to the unit election officers; anddisplay the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.2000, c. 9, s. 2092018, c. 31, s. 142
Voting
Duties of unit election officerDuring the voting period, a unit election officer shalldisplay the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; andkeep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.2000, c. 9, s. 2102018, c. 31, s. 143
Representative of registered partyA Canadian citizen may represent a registered party at a polling station if he or she provides the unit election officer with a copy of an authorization in the prescribed form signed by a candidate for the party.2000, c. 9, s. 2112018, c. 31, s. 143
Elector to give name, etc.Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.Alternative addressFor the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.Proof of identityIf the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; ortwo pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.Examination of identification documentsA representative of a registered party may examine, but not handle, any piece of identification presented under this section.Name crossed off the listIf the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.2018, c. 31, s. 143
Application for registration and special ballotAn elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; ortwo pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.Content of applicationAn application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:his or her surname and given names;his or her date of birth;his or her service number;the civic address and mailing address of his or her place of ordinary residence;his or her current mailing address; andany other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.Alternative addressesFor the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.Optional informationIn addition to the information specified in subsection (2), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.Examination of identification documentsA representative of a registered party may examine, but not handle, any piece of identification presented under this section.Acceptance of the applicationIf the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.Application of subsections 204.1(3) and (4)If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.2018, c. 31, s. 143
Authorized types of identificationThe Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)(b) and 211.2(1)(b). For greater certainty, any document may be authorized, regardless of who issued it.2018, c. 31, s. 143
Declaration of electorThe unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.2000, c. 9, s. 2122018, c. 31, s. 143
Provision of special ballot, etc.A unit election officer shall, once the elector has signed the declaration referred to in section 212, give the elector a special ballot, an inner envelope, the declaration — if it is not on the outer envelope — and the outer envelope.LimitationAn elector who has received a special ballot under subsection (1) may vote only under this Division.Voting on special ballotThe elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding it and, in the presence of the unit election officer,placing the folded special ballot in the inner envelope and sealing the envelope; andplacing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing the outer envelope.Writing candidate’s nameThe candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.Spoiled special ballotIf the special ballot is incapable of being used, the elector shall return it to the unit election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.LimitAn elector shall not be given more than one special ballot under subsection (4).2000, c. 9, s. 2132018, c. 31, s. 144
Information to be provided to electorThe unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.Sending the outer envelopeIf the elector does not use the delivery service provided by the Canadian Forces, it is the elector’s responsibility to ensure that the outer envelope is sent to the special voting rules administrator.[Repealed, 2018, c. 31, s. 145]2000, c. 9, s. 2142018, c. 31, s. 145
Voting by unit election officerA unit election officer who is qualified to vote may vote in accordance with this Division.2000, c. 9, s. 2152018, c. 31, s. 146
Assistance by unit election officerIf an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her bycompleting the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; andmarking the special ballot as directed by the elector in the elector’s presence and in the presence of another elector selected by the elector as a witness.Note and keeping vote secretThe unit election officer and an elector acting as a witness shallsign a note on the declaration indicating that the elector was assisted; andkeep secret the name of the candidate for whom the elector voted.2000, c. 9, s. 2162018, c. 31, s. 147
Hospitalized or convalescing electorAn elector who is a patient in a service hospital or convalescent institution during the voting times fixed for the polling stations in his or her unit is deemed to be a member of the unit under the command of the officer in charge of the hospital or institution.Unit election officer for hospitalized electorsIf no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.Bed-ridden electorsA unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.2000, c. 9, s. 2172018, c. 31, s. 148
Duty, leave or furloughAn elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.2000, c. 9, s. 2182018, c. 31, s. 149
Delivery of documents to the commanding officerThe unit election officer shall deliver to the unit’s commanding officer,at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; andat the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.Delivery of outer envelopes, etc.On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.Provision of informationOn receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.Delivery of election documents and election materialsOn receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.2000, c. 9, s. 2192018, c. 31, s. 149
Informing the returning officerOn being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.Name on list of electorsWhen the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shallif the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; andindicate on the list of electors that the elector has received a special ballot.2018, c. 31, s. 149
Electors Resident Outside Canada
DefinitionsThe definitions in this section apply in this Division.elector means an elector who resides outside Canada. (électeur)register means the register referred to in section 222. (registre)2000, c. 9, s. 2202018, c. 31, s. 151
Inclusion in register of electors resident outside CanadaAn elector may vote under this Division ifhis or her application for registration and special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on the 6th day before polling day; andhis or her name is entered on the register.2000, c. 9, s. 2212018, c. 31, s. 152
Register of electorsThe Chief Electoral Officer shall maintain a register of electors in which is entered the surname, given names, gender, date of birth, civic address, mailing address and electoral district of each elector who has filed an application for registration and special ballot in order to vote under this Division and who, at any time before making the application, resided in Canada.2000, c. 9, s. 222; 2003, c. 22, s. 1032018, c. 31, s. 152
Inclusion in registerAn application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall includesatisfactory proof of the elector’s identity;[Repealed, 2018, c. 31, s. 153]the elector’s date of birth;[Repealed, 2018, c. 31, s. 153]the address of the elector’s place of ordinary residence;[Repealed, 2018, c. 31, s. 153]the elector’s mailing address outside Canada; andany other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.Optional informationIn addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.2000, c. 9, s. 223, c. 12, s. 402018, c. 31, s. 153
Prohibition — change of addressThe address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.
Information to be providedThe Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register.
Deletion of names from registerThe Chief Electoral Officer shall delete from the register the name of an elector whodoes not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer;makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register;has died and concerning whom a request has been received to have the elector’s name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death;returns to Canada to reside; orcannot be contacted.[Repealed, 2018, c. 31, s. 154]2000, c. 9, s. 2262018, c. 31, s. 154
Special ballotAfter approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall provide a special ballot to every elector whose name is entered in the register.Voting by special ballotAn elector shall vote by special ballot bywriting the name of the candidate of his or her choice on the ballot;placing the ballot in an inner envelope and sealing it;signing the declaration prescribed by the Chief Electoral Officer; andplacing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it.Writing candidate’s nameThe candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliation shall be indicated.2000, c. 9, s. 2272018, c. 31, s. 155
Sending of outer envelopeAn elector shall send the sealed outer envelope to the Chief Electoral Officerby mail or any other means; orby delivering it to a Canadian Embassy, Canadian High Commission or Canadian Consular Office, to a Canadian Forces base or to any place that the Chief Electoral Officer may designate.
Deadline for return of voteThe special ballot must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day in order to be counted.2000, c. 9, s. 2292018, c. 31, s. 156
Responsibilities of electorFor the purpose of this Division, an elector has the sole responsibility to ensure thathis or her application for registration and special ballot is made within the period specified; andhis or her special ballot is received within the period specified to be counted.
Electors Residing in Canada
Definition of electorFor the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.2000, c. 9, s. 2312018, c. 31, s. 157
Conditions for voting by special ballotAn elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.Conditions for voting by special ballot — specified later dayIf, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the specified day.RestrictionThe Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.m. on the 6th day before polling day.2000, c. 9, s. 2322018, c. 31, s. 157
Information required for applicationThe application for registration and special ballot shall be in the prescribed form and shall include the following information:the elector’s name and the address of his or her place of ordinary residence;the elector’s date of birth;satisfactory proof of the elector’s identity and residence;the elector’s mailing address; andany other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.Electors in dangerAn elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)(a) or (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal the addresses in respect of which the application is made except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.Optional informationIn addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.[Repealed, 2018, c. 31, s. 158]2000, c. 9, s. 233; 2014, c. 12, s. 592018, c. 31, s. 158
[Repealed, 2018, c. 31, s. 159]
Vote by special ballot onlyOnce an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.
List of electorsOnce an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; andthat there is an indication on the list of electors that the elector has received a special ballot.2000, c. 9, s. 2362018, c. 31, s. 160
Provision of ballotSubject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.Provision of ballot and envelopesIf section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.2000, c. 9, s. 237; 2014, c. 12, s. 602018, c. 31, s. 160
Proof of identity and residenceIf an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.Presence of candidate or representativeA candidate or their representative may be present at the office when the electorreceives the ballot;places the folded ballot in the inner envelope and seals it; andplaces the inner envelope in the outer envelope and seals it.Examination of identification documentsThe candidate or representative may examine but not handle any piece of identification provided by the elector.[Repealed, 2018, c. 31, s. 161][Repealed, 2018, c. 31, s. 161]Application of provisionsFor the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:sections 135 to 137;sections 143 to 144;subsection 164(1);section 166;subsections 281.6(1) to (4);section 282.2; andparagraph 489(3)(c).2014, c. 12, s. 602018, c. 31, s. 161
Voting by special ballotAn elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).2000, c. 9, s. 2382018, c. 31, s. 162
Receipt of special ballot — application made outside electoral districtIn order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted bysending the sealed outer envelope to the special voting rules administrator by mail or any other means; ordelivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer designates.Receipt of special ballot — application made in electoral districtIn order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.Vote countedDespite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted.2000, c. 9, s. 2392018, c. 31, s. 162
Responsibilities of electorFor the purpose of this Division, an elector has the sole responsibility to ensure thathis or her application for registration and special ballot is made within the period specified; andhis or her special ballot is received within the period specified to be counted as a vote.
Elector to be given regular ballotAn elector who applies to vote in person at the office of the returning officer for his or her electoral district after ballots for the electoral district have been printed shall be given a ballot that is not a special ballot and shall immediately vote in the manner described in paragraphs 151(1)(a) and (b) and 227(2)(b) to (d) and return the outer envelope to the election officer.
No markingIf, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.2018, c. 31, s. 162.1
Spoiled ballotIf the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.LimitAn elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).2000, c. 9, s. 2422018, c. 31, s. 163
AssistanceWhen an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector bycompleting the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; andmarking the ballot as directed by the elector in the elector’s presence.Note on declarationAn election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.2000, c. 9, s. 2432018, c. 31, s. 164
Assistance by friend or related personIf an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:a friend of the elector;the elector’s spouse or common-law partner; ora relative of the elector or of the elector’s spouse or common-law partner.Solemn declarationA person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or shewill mark the ballot paper in the manner directed by the elector;will not disclose the name of the candidate for whom the elector voted;will not try to influence the elector in choosing a candidate; andhas not, during the current election, assisted another person, as a friend, to mark a ballot.2018, c. 31, s. 165
Voting at homeOn application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector bycompleting the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; andmarking the ballot as directed by the elector in the elector’s presence.Note on declarationThe election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.2000, c. 9, s. 243.12018, c. 31, s. 166
Incarcerated Electors
Definition of electorFor the purpose of this Division, elector means an incarcerated elector.
Non-applicationThis Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.2018, c. 31, s. 167
Entitlement to voteEvery elector is entitled to vote under this Division on the 12th day before polling day.Exercise of right to voteAn elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257.Vote to be in electoral districtAn elector is entitled to vote under this Division only for a candidate in the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.2000, c. 9, s. 2452018, c. 31, s. 168
Designation of coordinating officersThe federal and provincial ministers responsible for correctional institutions shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.2000, c. 9, s. 2462018, c. 31, s. 169
Notification of issue of the writsWithout delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.Obligations of ministersOn being informed of the issue of the writs, each minister referred to in subsection (1) shallinform their respective designated coordinating officer of their issue;designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; andinform the Chief Electoral Officer and their respective designated coordinating officer of the name and address of each liaison officer.2000, c. 9, s. 2472018, c. 31, s. 170
Liaison officersThe Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form.Duty to cooperateDuring the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.2000, c. 9, s. 2482018, c. 31, s. 171
Duty of coordinating officerWhen a coordinating officer is informed that a liaison officer has been designated, the coordinating officer shall give the liaison officer all necessary information on taking the votes of electors.
Notice of entitlement to voteA liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors of the date on which they are entitled to vote in accordance with this Division.Voting hoursThe polling stations shall be open on the 12th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.2000, c. 9, s. 2502018, c. 31, s. 172
Application for registration and special ballotBefore the 12th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).Residence of electorThe place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses:his or her residence before being incarcerated;the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration;the place of his or her arrest; orthe last court where the elector was convicted and sentenced.Optional informationIn addition to providing his or her place of ordinary residence, the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.ValidationThe liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2).Dispute about electoral districtIf a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors.2000, c. 9, s. 251, c. 12, s. 402018, c. 31, s. 173
List of incarcerated electorsApplications for registration and special ballot are deemed to be the list of electors who vote under this Division.
Polling stations and election officersBefore the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.Provision of election materialsA liaison officer shall, on receiving the election materials and list of candidates,provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; andpost the list of candidates in one or more conspicuous places in the correctional institution.2000, c. 9, s. 2532018, c. 31, s. 174
Duties of election officerOn the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shallpost two or more copies of the voting instructions, in the prescribed form, in conspicuous places; andkeep readily available for consultation by electors a copy of this Part, a set of street indexes, a guide to electoral districts and a list of candidates.2000, c. 9, s. 2542018, c. 31, s. 175
Mobile polling stationsA liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary.Common mobile polling stationsA returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other.
Representative of registered partyWith the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides an election officer who is assigned to a polling station at the correctional institution with an authorization in the prescribed form signed by a candidate for that party, or a copy of one.2000, c. 9, s. 2562018, c. 31, s. 176
Declaration of electorBefore delivering a special ballot to an elector, an election officer who is assigned to a polling station at a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to sign the declaration on the outer envelope.Giving special ballot to electorAfter the elector has signed the declaration on the outer envelope, the election officer shallsign the outer envelope; andgive the elector a special ballot, an inner envelope and the outer envelope.2000, c. 9, s. 2572018, c. 31, s. 177
Voting by special ballotThe elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding it and, in the presence of the election officer,placing the ballot in the inner envelope and sealing the envelope; andplacing the inner envelope in the outer envelope and sealing the outer envelope.Writing candidate’s nameThe candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.Spoiled special ballotIf the special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.LimitAn elector shall not be given more than one special ballot under subsection (3).2000, c. 9, s. 2582018, c. 31, s. 178
AssistanceIf an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, an election officer who is assigned to the polling station shall assist the elector bycompleting the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; andmarking the special ballot as directed by the elector in his or her presence and in the presence of another election officer who is assigned to the polling station.Note on outer envelopeThe election officers shall sign a note on the outer envelope indicating that the elector was assisted.2000, c. 9, s. 2592018, c. 31, s. 179
Delivery of documents after the voteWithout delay after the votes have been cast at a correctional institution, an election officer who is assigned to the polling station shall deliver to the liaison officer for the institutionthe outer envelopes that contain the marked special ballots;any unused or spoiled outer envelopes;any unused or spoiled special ballots and unused inner envelopes; andthe applications for registration and special ballot.2000, c. 9, s. 2602018, c. 31, s. 180
Deadline for return of election materialEvery liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day.2000, c. 9, s. 2612018, c. 31, s. 181
Integration into final list of electorsThe applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109.
Counting of Votes at the Office of the Chief Electoral Officer
ApplicationThis Division applies to the counting of all special ballots cast in accordance with this Part, except those referred to in Division 7.
AdministrationThe counting of the special ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator.Special ballot officersSpecial ballot officers shall work in pairs of persons representing different registered parties.
DirectivesThe Chief Electoral Officer shall prescribe security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all other election documents, and instructions for the receiving, sorting and counting of special ballots.
Counting of votesThe counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day.
Setting aside of inner envelopeThe special ballot officers shall set aside an inner envelope unopened ifthe information concerning the elector, as set out in the declaration referred to in paragraph 227(2)(c) or subsection 257(1), does not correspond with the information on the application for registration and special ballot;a declaration referred to in paragraph (a) or in section 212 — other than one in respect of an elector who has voted with assistance under section 216, 243 or 259 — does not bear the elector’s signature;the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained;the outer envelope has been received by the special voting rules administrator in the National Capital Region after 6:00 p.m. on polling day; orthe outer envelope relates to an electoral district for which the election was postponed in accordance with section 77.Procedure when elector votes more than onceIf, after receiving an elector’s outer envelope but before counting the inner envelopes, the special ballot officers ascertain that the elector has voted more than once, they shall set the elector’s inner envelope aside unopened.Disposition of inner envelopes that are set asideWhen an inner envelope is set aside unopened as described in subsection (1) or (2),it shall be endorsed by the special voting rules administrator with the reason why it has been set aside;at least two special ballot officers shall initial the endorsement; andin the case of an inner envelope set aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.Envelopes and declarations kept togetherWhen an inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.DisputeIf a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.Special reportThe special voting rules administrator shall prepare a report in respect of the number of inner envelopes that are set aside under this Division.2000, c. 9, s. 2672018, c. 31, s. 182
Duties of special ballot officersEach pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.
Rejection of ballotsEach pair of special ballot officers shall, on examining a special ballot, reject it ifit has not been supplied by the Chief Electoral Officer;it is not marked;it is marked with a name other than the name of a candidate;it is marked with the names of more than one candidate; orthere is any writing or mark on it by which the elector could be identified.Elector’s intentNo special ballot shall be rejected for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.Disputed ballotsIf a dispute arises as to the validity of a special ballot, it shall be referred to the special voting rules administrator, whose decision is final.Note of disputeThe number of disputed special ballots and the name of the electoral district in which they were cast are to be noted by the special ballot officers.
Statements of the voteEach pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator.SafekeepingThe special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280.Copy to special ballot officerOn request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.
Chief Electoral Officer to be informed of results of voteWithout delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer ofthe number of votes counted for each candidate for every electoral district;the total number of votes counted for each electoral district; andthe number of rejected ballots for each electoral district.
Sending of material to Chief Electoral OfficerAs soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes,the lists of electors;all other documents and election materials received from commanding officers and election officers;the solemn declarations made under subsection 23(1); andthe complete files of correspondence, reports and records in his or her possession.2000, c. 9, s. 2722018, c. 31, s. 183
Counting of Votes in the Office of the Returning Officer
Notification to candidatesThe returning officer shall, as soon as possible, notify the candidates of the names of the election officers who he or she assigns to verify the declarations referred to in paragraph 227(2)(c) and to count the special ballots issued to electors in his or her electoral district and received at his or her office.2000, c. 9, s. 2732018, c. 31, s. 184
Candidate present at countingA candidate or his or her representative may be present for the verification of the declarations referred to in paragraph 227(2)(c) and the counting of ballots received at the returning officer’s office.2000, c. 9, s. 2742018, c. 31, s. 184
Ballots to be kept sealedThe returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to an election officer referred to in section 273.Return outer envelopesAll outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.2000, c. 9, s. 2752018, c. 31, s. 185
Verification of declarationsThe election officers referred to in section 273 shall verify the declarations made under paragraph 227(2)(c), at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information in the declaration whether the elector is entitled to vote in the electoral district.NoticeThe returning officer shall notify the candidates of the time and place of the verification.Provision of materials to election officerOne of the election officers shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.2000, c. 9, s. 2762018, c. 31, s. 186
Setting aside of inner envelopeAn election officer referred to in section 273 shall set aside an elector’s inner envelope unopened ifthe information concerning the elector, as set out in the elector’s declaration made under paragraph 227(2)(c), does not correspond with the information on the application for registration and special ballot;the declaration — other than one in respect of an elector who has voted with assistance under section 243 or 243.1 — does not bear the elector’s signature;the elector has voted more than once; orthe outer envelope was received after the prescribed deadline.Registering objectionsWhen the declarations are verified, an election officer referred to in section 273 shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.Noting of reasons for setting asideWhen an elector’s inner envelope is set aside unopened as described in subsection (1), the election officer who set it aside shall note on it the reasons for the setting aside. The election officer and another election officer referred to in section 273 shall both initial the envelope.Envelopes and declarations kept togetherWhen an elector’s inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.2000, c. 9, s. 2772018, c. 31, s. 187
Counting of inner envelopesThe election officers referred to in section 273 shall count all inner envelopes that have not been set aside.Inner envelopesThey shall put all the inner envelopes that have not been set aside in a ballot box provided by the returning officer.Counting the votesAfter the close of the polling stations, one of the election officers shall open the ballot box and, together with another of the election officers, shall open the inner envelopes and count the votes.2000, c. 9, s. 2782018, c. 31, s. 188
Rejection of ballotsAn election officer shall, in counting the ballots, reject a ballot ifit has not been supplied for the election;it is not marked;it is marked with a name other than the name of a candidate;it is marked for more than one candidate; orthere is any writing or mark on it by which the elector could be identified.Elector’s intentAn election officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.Political affiliationAn election officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.2000, c. 9, s. 279; 2001, c. 21, s. 152018, c. 31, s. 189
Communication of the Results of the Vote
Communication of resultsThe Chief Electoral Officer shall, without delay after the closing of the polling stations at an election, inform each returning officer of the results of the count under Division 6 for the returning officer’s electoral district, giving the number of votes cast for each candidate and the number of rejected ballots.Release of informationWhen the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.
Prohibitions in Relation to Voting
ApplicationThe provisions of this Part apply inside and outside Canada.2000, c. 9, s. 2812018, c. 31, s. 190
Chief Electoral OfficerThe Chief Electoral Officer shall not vote at an election.2018, c. 31, s. 190
Inducing Chief Electoral Officer to voteNo person shall induce or attempt to induce the Chief Electoral Officer to vote at an election knowing that it is the Chief Electoral Officer whom he or she is inducing or attempting to induce to vote and that the Chief Electoral Officer is prohibited from voting.2018, c. 31, s. 190
Not qualified as electorNo person shallvote or attempt to vote at an election knowing that he or sheis not a Canadian citizen when he or she votes, oris not 18 years of age or older — or will not be 18 years of age or older — on polling day; orinduce or attempt to induce another person to vote at an election knowing that the other personis not a Canadian citizen — or will not be a Canadian citizen — when he or she votes, oris not 18 years of age or older — or will not be 18 years of age or older — on polling day.2018, c. 31, s. 190
Not ordinarily resident in electoral districtNo person shallvote or attempt to vote at an election in a particular electoral district knowing that his or her place of ordinary residence is not in that electoral district; orinduce or attempt to induce another person to vote at an election in a particular electoral district knowing that the other person’s place of ordinary residence is not in that electoral district.2018, c. 31, s. 190
Voting more than once — general electionNo person who has voted in a general election shall vote again, or attempt to vote again, in that general election.Voting more than once — by-electionNo person who has voted in a by-election shall vote again, or attempt to vote again, at that by-election or at any other by-election that is held on the same day.2018, c. 31, s. 190
Secrecy of the voteEvery person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.Attempting to obtain information about elector’s voteExcept as provided by this Act, no person shall, in a polling station, attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted.Secrecy at the pollExcept as provided by this Act, no person shallon entering the polling station and before receiving a ballot or special ballot, openly declare for whom he or she intends to vote;while in the polling station, show his or her ballot or special ballot, when marked, so as to allow the name of the candidate for whom he or she has voted to be seen; orbefore leaving the polling station, openly declare for whom he or she has voted.Secrecy — marked ballotNo person who has seen a ballot or special ballot that has been marked by an elector shall disclose information as to how it was marked unless he or she is the elector who marked it or he or she has been authorized to make the disclosure by the elector who marked it.Secrecy — counting of the votesNo person shall, at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.2018, c. 31, s. 190
BallotsNo person shallrequest or apply for a ballot or special ballot in a name that is not his or her own;vote using a forged ballot or forged special ballot;request or apply for a ballot or special ballot to which he or she is not entitled;provide a ballot or special ballot to any person when not authorized under this Act to do so;have a ballot or special ballot in his or her possession when not authorized under this Act to do so;alter, deface or destroy a ballot, the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;put or cause to be put into a ballot box a ballot, special ballot or other paper otherwise than as provided by this Act or by instructions of the Chief Electoral Officer;take a ballot out of the polling station or the office of the returning officer otherwise than as provided by this Act or by instructions of the Chief Electoral Officer; ordestroy, take, open or otherwise interfere with a ballot box or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.Ballots — election officerNo election officer shallwith the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; orplace on a ballot or special ballot any writing, number or mark with intent that the elector to whom the ballot or special ballot is to be given, or has been given, can be identified.Special ballots — unit election officerNo unit election officer shall place on a special ballot any writing, number or mark with intent that the elector to whom the special ballot is to be given, or has been given, can be identified.2018, c. 31, s. 190
Photograph, video or copy of marked ballotNo person shalltake a photograph or make a video recording of a ballot or special ballot that has been marked, at an election, by an elector;make a copy, in any manner, of any ballot or special ballot that has been marked, at an election, by an elector; ordistribute or show, in any manner, to one or more persons, a photograph, video recording or copy of a ballot or special ballot that has been marked, at an election, by an elector.Exception — persons with visual impairmentSubsection (1) does not apply to any person with a visual impairment who takes a photograph or makes a video recording or copy of a ballot or special ballot that he or she has marked for the purpose of verifying the accuracy of their marking.Exception — legal proceedingsSubsection (1) does not apply to a person who does anything referred to in that subsection for the purpose of a recount under Part 14 or for the purpose of any other legal proceeding.2018, c. 31, s. 190
False statementNo person shallmake a false statement in an application for registration and special ballot; ormake a false statement in a declaration signed by him or her before an election officer or unit election officer.2018, c. 31, s. 190
Person who assists elector — limitAt an election, no person shall, as a friend, assist under section 155 or 243.01, more than one elector for the purpose of marking a ballot.Person who assists elector — secrecyNo person who assists an elector under section 155 or 243.01 shall, directly or indirectly, disclose the name of the candidate for whom the elector voted or that candidate’s political affiliation.2000, c. 9, s. 2822018, c. 31, s. 190
Vouching for more than one personNo person shall vouch for more than one person at an election, except in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01).Voucher not qualified as elector, etc.No person shall vouch for another person ifthe person who vouches is not qualified as an elector;the person who vouches does not personally know the other person; orthe person who vouches does not reside in a polling division assigned to the same polling station as the polling division in which the other person resides or, in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01), in a polling division in the other person’s electoral district or an adjacent electoral district.Vouchee acting as voucherNo person who has been vouched for at an election shall vouch for another person at that election.2018, c. 31, s. 190
Influencing electorsNo person shall, in a polling station or in any place where voting at an election is taking place, influence or attempt to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.2018, c. 31, s. 190
Influencing electors — election officers and staff of returning officersSubject to section 141, no election officer, unit election officer or member of the staff of a returning officer shall, while exercising their powers or performing their duties, influence or attempt to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.2018, c. 31, s. 190
Undue influence by foreignersNo person or entity referred to in any of paragraphs (a) to (e) shall, during an election period, unduly influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election:an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and who does not reside in Canada;a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose 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;a trade union that does not hold bargaining rights for employees in Canada;a foreign political party; ora foreign government or an agent or mandatary of a foreign government.Meaning of unduly influencingFor the purposes of subsection (1), a person or entity unduly influences an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election ifthey knowingly incur any expense to directly promote or oppose a candidate in that election, a registered party that has endorsed a candidate in that election or the leader of such a registered party;one of the things done by them to influence the elector is an offence under an Act of Parliament or a regulation made under any such Act, or under an Act of the legislature of a province or a regulation made under any such Act.ExceptionsFor greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the elector to vote or refrain from voting, or to vote or refrain from voting for the particular candidate or registered party, consists ofan expression of their opinion about the outcome or desired outcome of the election;a statement by them that encourages the elector to vote or refrain from voting for any candidate or registered party in the election; orthe transmission to the public through broadcasting, or through electronic or print media, of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, regardless of the expense incurred in doing so, if no contravention of subsection 330(1) or (2) is involved in the transmission.CollusionNo person or entity shall act in collusion with a person or entity to whom subsection (1) applies for the purpose of contravening that subsection.Selling advertising spaceNo person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit an election advertising message or to cause an election advertising message to be transmitted.2018, c. 31, s. 190
Interfering with marking of ballotNo person shall interfere with, or attempt to interfere with, an elector who is marking a ballot or special ballot.2018, c. 31, s. 190
Preventing elector from votingNo person shall prevent or attempt to prevent an elector from voting at an election.2018, c. 31, s. 190
Offering bribeNo person shall, during an election period, directly or indirectly, offer a bribe to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.Accepting bribeNo person shall, during an election period, accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.2018, c. 31, s. 190
Intimidation, etc.No person shallby intimidation or duress, compel or attempt to compel a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election; orby any pretence or contrivance, including by representing that the ballot or special ballot or the manner of voting at an election is not secret, influence or attempt to influence a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.2018, c. 31, s. 190
Counting VotesPolling Stations
Counting the votesImmediately after the close of a polling station, an election officer who is assigned to the polling station shall count the votes in the presence ofanother election officer who is assigned to the polling station; andany candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.Tally sheetsOne of those election officers shall supply all the persons referred to in paragraph (1)(b) who are present and who request one with a tally sheet to keep their own score of the voting.Steps to followThe election officer who counts the votes shall, in the following order,count the number of electors who voted, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it;count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;total the number of electors indicated under paragraph (a) who voted and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;open the ballot box and empty its contents onto a table; andexamine each ballot, show the ballot to each person who is present, and ask the election officer referred to in paragraph (1)(a) to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.2000, c. 9, s. 283; 2014, c. 12, s. 612018, c. 31, s. 191
Rejection of ballotsIn examining the ballots, the election officer who counts the votes shall reject onethat has not been supplied by him or her;that has not been marked in a circle at the right of the candidates’ names;that is void by virtue of section 76;that has been marked in more than one circle at the right of the candidates’ names; oron which there is any writing or mark by which the elector could be identified.LimitationNo ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.Counterfoils remaining attachedIf a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.2000, c. 9, s. 2842018, c. 31, s. 192
Ballots not initialled by election officerIf the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).2000, c. 9, s. 2852018, c. 31, s. 193
Objections to ballotsOne of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it.Decision of election officerEvery question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1).2000, c. 9, s. 2862018, c. 31, s. 193
Statement of voteThe election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose.Copies of statement of voteThe election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count.2000, c. 9, s. 2872018, c. 31, s. 194
Marked ballotsOne of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them.Rejected ballotsOne of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.Documents enclosed in large envelopeOne of the election officers shall seal in a large envelope supplied for the purposethe envelopes that contain the marked ballots for the candidates, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; andany other election documents, except for the envelopes that contain the statements of the vote and the registration certificates.Documents to be placed in the ballot boxThe large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.Sealing ballot boxThe ballot box shall be sealed with the seals provided by the Chief Electoral Officer.2000, c. 9, s. 2882018, c. 31, s. 195
Solemn declarationsOne of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.2014, c. 12, s. 622018, c. 31, s. 196
Periodic statements of electors who votedOne of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.2014, c. 12, s. 622018, c. 31, s. 196
Advance Polls
Counting of votes on polling dayAt least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.Application of rules for counting votesSubsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll except thatfor the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; andfor the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.ProhibitionSubject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.ExceptionThe two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day ifthe returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;the counting is done in accordance with the Chief Electoral Officer’s instructions;the counting is done in a manner that ensures the integrity of the vote; andthe counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.2000, c. 9, s. 289; 2014, c. 12, s. 632018, c. 31, s. 197
Delivery of Ballot Boxes to Returning Officer
Sending ballot boxes and envelopes to returning officerAn election officer who is assigned to a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of an election officer who is assigned to a polling station, the envelope referred to in section 288.1.2000, c. 9, s. 290; 2014, c. 12, s. 642018, c. 31, s. 198
Provision of documentsA returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, withone copy of each statement of the vote in respect of the candidate’s electoral district; andone copy of the documents prepared under paragraph 162(i.1).2000, c. 9, s. 291; 2014, c. 12, s. 65
Safekeeping of ballot boxesA returning officer, on the receipt of each ballot box, shalltake every precaution to prevent any other person, except the assistant returning officer, from having access to it; andexamine and record the condition of the seals affixed to it and, if necessary, affix new seals.
List of persons who made solemn declarationA returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who made a solemn declaration under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.2014, c. 12, s. 662018, c. 31, s. 199
Validation of Results by the Returning Officer
Validation of resultsAfter a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280.Adjournment if ballot boxes or information not receivedIf, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days.Further adjournmentIf, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments. The further adjournments may not exceed a total of two weeks.
Witnesses at validationCandidates and their representatives may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed.
Opening ballot box in certain casesIf the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by a candidate or his or her representative, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope.Information on envelopes containing ballotsIf a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose.LimitationThe returning officer shall not open an envelope that appears to contain ballots.Resealing of loose papersIf the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal.
Loss or destruction of ballot boxesIf a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.Power to summon and examineIf the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or sheshall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate at the polling stations;for ascertaining the total number of votes under paragraph (a), may summon any election officer or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; andmay question the election officer or other person respecting the matter in question and, if necessary, ask them to make a solemn declaration in respect of the matter.Notice to candidatesIf paragraph (2)(b) applies, the returning officer shall give notice to the candidates for that electoral district of the date and time fixed for the appearance.Obligation to comply with summonsEvery person to whom a summons is directed under paragraph (2)(b) shall obey it.2000, c. 9, s. 2962018, c. 31, s. 200
Certificate of votes castWithout delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each candidate.
Ballot boxesAfter the close of an election, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.
Judicial RecountInterpretation
Definition of judgeIn this Part, judge means a judge who sits in the electoral district where the results are validated.Powers of judgeA judge who is authorized by sections 300 to 309 to act may act, to the extent authorized, within or outside his or her judicial district.
Recount Procedure
Request by returning officer for recountIf the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than 1/1000 of the votes cast, the returning officer shall make a request to a judge for a recount within four days after the results are validated.Notice to candidatesThe returning officer shall notify each candidate or his or her official agent in writing of the request for a recount.Recount automaticThe judge shall fix the date for the recount to be conducted within four days after he or she receives the request.Documents to be suppliedThe returning officer shall attend the recount and shall bring all relevant election materials includingthe ballot boxes;the statements of the vote used to validate the results; andall ballots cast and statements of the vote made in accordance with Part 11.
Application for recountAn elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, apply to a judge for a recount.Notice to candidatesThe returning officer shall notify each candidate or his or her official agent in writing of the application for a recount.Grounds for recountThe judge shall fix a date for a recount if it appears, on the affidavit of a credible witness, thatan election officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; orthe returning officer has incorrectly added up the results set out in the statements of the vote.DepositThe applicant shall deposit with the clerk or prothonotary of the court the sum of $250 as security for the costs of the candidate who obtained the largest number of votes.Date for recount and summonsThe date fixed for the recount shall be within four days after the judge receives the application. The judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11.Notice to candidatesThe judge shall notify each candidate or his or her official agent in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner.Returning officer required to attendA returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.2000, c. 9, s. 301; 2014, c. 12, s. 672018, c. 31, s. 201
More than one applicationIf a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications.
[Repealed, 2014, c. 12, s. 68]
Recount procedureThe judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer.Documents that may be examinedIf a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other election documents.Procedure for certain recountsIn the case of a recount conducted by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.Powers of judgeFor the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer.Additional powers of judgeFor the purpose of conducting a recount, a judge has the power to summon any election officer as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.Clerical assistantsSubject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part.2000, c. 9, s. 304; 2014, c. 12, s. 692018, c. 31, s. 202
Proceedings to be continuousThe judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m.
Security of documentsDuring a break described in section 305, the judge or any other person who has possession of ballots and other election documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance.Supervision of sealingThe judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security.
Judge may terminate recountExcept in a case referred to in section 300, a judge may at any time terminate a recount on request in writing by the person who applied for the recount.
Procedure at conclusion of recountAt the conclusion of a recount, the judge shallseal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate;deliver the original of the certificate to the returning officer and a copy of it to each candidate;return to the returning officer the election documents or election materials brought under subsection 300(4) or 301(4) for the purpose of the recount; anddeliver to the returning officer the reports created in the course of the recount.2000, c. 9, s. 308; 2014, c. 12, s. 702018, c. 31, s. 203
CostsIf a recount does not alter the result of the vote so as to affect the return, the judge shallorder the costs of the candidate for whom the largest number of votes have been cast to be paid by the person who applied for the recount; andtax those costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.Disposal of deposit and right of action for balanceThe money deposited as security for costs shall, as far as is necessary, be paid out to the candidate in whose favour costs are awarded under subsection (1) and, if the deposit is insufficient to cover the costs, the party in whose favour the costs are awarded has their action for the balance.
Application for reimbursement of costsAfter a recount, a candidate may make an application to the Chief Electoral Officer for reimbursement of his or her costs in respect of the recount, setting out the amount and nature of the costs and whether they were actually and reasonably incurred.Chief Electoral Officer determines costsOn receipt of an application under subsection (1), the Chief Electoral Officer shall determine the costs, and shall make a request for reimbursement to the Receiver General, up to a maximum of $500 for each day or part of a day during which the judge conducted the recount.Payment from Consolidated Revenue FundThe Receiver General, on receipt of a request for reimbursement from the Chief Electoral Officer, shall pay to the candidate the amount requested from the Consolidated Revenue Fund.
Failure of Judge to Conduct Recount
Failure of judge to actIf a judge does not comply with the provisions of sections 300 to 309, an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3)in the Province of Ontario, to a judge of the Superior Court of Justice;in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory;in the Province of Nova Scotia, British Columbia or Prince Edward Island, to a judge of the Supreme Court of the Province;in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; andin the Province of Newfoundland and Labrador, to a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador.Application on affidavitAn application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply.Order of judgeThe judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an orderfixing the time, within the following eight days, and place to hear the application;directing the attendance of all parties interested at that time and place; andgiving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party.Affidavits may be filed in replyThe judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand.2000, c. 9, s. 311; 2002, c. 7, s. 93; 2014, c. 12, s. 712018, c. 31, s. 204(F)
Order of court after hearingAfter hearing the judge complained of and any other parties, the judge to whom the application was made or another judge of the same courtshall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act in respect of the recount; andmay make an order with respect to costs.Judge to obey orderA judge found to be in default shall without delay comply with an order made under subsection (1).CostsRemedies for the recovery of costs awarded under paragraph (1)(b) are the same as for costs in ordinary cases in the same court.
Return of the Writ
Return of elected candidateThe returning officer, without delay after the sixth day that follows the completion of the validation of results or, if there is a recount, without delay after receiving the certificate referred to in section 308, shall declare elected the candidate who obtained the largest number of votes by completing the return of the writ in the prescribed form on the back of the writ.Equality of votesIf there is an equality of votes between the candidates with the largest number of votes, the returning officer shall indicate that on the return of the writ.
Sending of documentsOn completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all election documents in his or her possession together witha report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from election officers;a summary, in the prescribed form, of the number of votes cast for each candidate at each polling station; andall other documents that were used at the election, including documents prepared under paragraph 162(i.1).Report re: disappearance of ballot box, etc.In any case arising under section 296, the returning officer shall mention specially in the report the circumstances accompanying the disappearance of the ballot boxes or the lack of any statement of the vote, and the mode by which the returning officer ascertained the number of votes cast for each candidate.2000, c. 9, s. 3142018, c. 31, s. 205
Duplicate of return to each candidateThe returning officer shall forward a copy of the return of the writ to each candidate.Premature returnA premature return of the writ is deemed not to have reached the Chief Electoral Officer until it should have reached the Chief Electoral Officer in due course.Correction of writThe Chief Electoral Officer shall, if necessary, send back the return of the writ and any or all of the related election documents to the returning officer for completion or correction.
Where report made before recountWhere, at the time of the issue of an order under section 311 or 312, the returning officer for the electoral district in respect of which the order is made has made a return of the writ under section 314, the Chief Electoral Officer shall, on being provided with a certified copy of the order, send back to the returning officer all election documents required for use at the recount.Duties of returning officer on recountOn receiving a judge’s certificate with respect to the result of a recount, the returning officer shallif the result of the recount is that a person other than the person named in the original return is to be returned, make a substitute return of the writ; orif the result of the recount is to confirm the return, send the papers back to the Chief Electoral Officer without delay and not make a substitute return of the writ.Effect of substitute returnA substitute return made under paragraph (2)(a) has the effect of cancelling the original return.
Procedure on receipt of return by Chief Electoral OfficerThe Chief Electoral Officer, on receiving each return of the writ, shall, in the order in which the return is received,indicate, in a book kept by the Chief Electoral Officer for the purpose, that he or she has received it; andpublish in the Canada Gazette the name of the candidate who was declared elected.
Equality of votesIf the return of the writ indicates an equality of votes between the candidates with the largest number of votes, the Chief Electoral Officer shall without delayprepare and send to the Speaker of the House of Commons or, if none, two members of the House or two candidates who have been declared elected, as the case may be, a report stating that no candidate was declared elected in the electoral district because of the equality of votes; andpublish in the Canada Gazettethe names of the candidates between whom there was an equality of votes, andnotice that, as no candidate was declared elected in the electoral district because of the equality of votes, a by-election will be conducted under subsection 29(1.1) of the Parliament of Canada Act.
CommunicationsInterpretation
DefinitionsThe definitions in this section apply in this Part.election advertising[Repealed, 2018, c. 31, s. 206]election survey[Repealed, 2018, c. 31, s. 206]network means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection. (réseau)network operator means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network. (exploitant de réseau)online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. (plateforme en ligne)prime time, in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight. (heures de grande écoute)2000, c. 9, s. 319; 2014, c. 12, s. 722018, c. 31, s. 206
Election Advertising
Message must be authorizedA candidate or registered party, or a person acting on their behalf, who causes election advertising to be conducted shall mention in or on the message that its transmission was authorized by the official agent of the candidate or by the registered agent of the party, as the case may be.
[Repealed, 2018, c. 31, s. 207]
Election advertising postersNo landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.Permitted restrictionsDespite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.
Blackout periodNo person shall transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.InterpretationThe transmission to the public of a notice of an event that the leader of a registered party intends to attend or an invitation to meet or hear the leader of a registered party is not election advertising for the purpose of subsection (1).Definition of personFor the purpose of subsection (1), a person includes a registered party and a group within the meaning of Part 17.2000, c. 9, s. 3232018, c. 31, s. 208
ExceptionsSubsection 323(1) does not apply in respect ofthe transmission of a message that was transmitted to the public on what is commonly known as the Internet before the blackout period described in that subsection and that was not changed during that period; orthe distribution during that period of pamphlets or the posting of messages on signs, posters or banners.2000, c. 9, s. 324; 2001, c. 21, s. 16(E)
Prohibition — prevention or impairment of transmissionNo person shall prevent or impair the transmission to the public of an election advertising message without the consent of a person with authority to authorize its transmission.ExceptionSubsection (1) does not apply with respect tothe prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; orthe removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.
Online Platforms
Online platforms that are subject to requirementsThis section and section 325.2 apply to any online platform that, in the 12 months before the first day of the pre-election period, in the case of the publication on the platform of a partisan advertising message, or the 12 months before the first day of the election period, in the case of the publication on the platform of an election advertising message, was visited or used by Internet users in Canada an average of at least the following numbers of times per month:3,000,000 times, if the content of the online platform is available mainly in English;1,000,000 times, if the content of the online platform is available mainly in French; or100,000 times, if the content of the online platform is available mainly in a language other than English or French.Registry of partisan advertising messages and election advertising messagesThe owner or operator of an online platform that sells, directly or indirectly, advertising space to the following persons and groups shall publish on the platform a registry of the persons’ and groups’ partisan advertising messages and election advertising messages published on the platform during that period:a registered party or eligible party;a registered association;a nomination contestant;a potential candidate or a candidate; ora third party that is required to register under subsection 349.6(1) or 353(1).Information to be included in registryThe registry referred to in subsection (2) shall include the following:an electronic copy of each partisan advertising message and each election advertising message published on the platform; andfor each advertising message referred to in paragraph (a), the name of the person who authorized the advertising message’s publication on the platform, namelya registered agent of the registered party or eligible party, in the case of an advertising message whose publication was requested by a registered party or eligible party,the financial agent of the registered association, in the case of an advertising message whose publication was requested by a registered association,the financial agent of the nomination contestant, in the case of an advertising message whose publication was requested by a nomination contestant,the official agent of the potential candidate or candidate, in the case of an advertising message whose publication was requested by a potential candidate or a candidate, andthe financial agent of the registered third party, in the case of an advertising message whose publication was requested by a registered third party.Publication period of registryThe owner or operator of the online platform shall publish in the registry referred to in subsection (2) the information referred to in subsection (3) for each partisan advertising message and each election advertising message during the following periods:in the case of a partisan advertising message, during the period that begins on the day on which the online platform first publishes the advertising message and ends two years afterthe end of the election period of the general election immediately following the pre-election period, orthe day referred to in paragraph (b) of the definition pre-election period if there is no general election immediately following the pre-election period; andin the case of an election advertising message, during the period that begins on the first day on which the online platform publishes such an advertising message and ends two years after the end of the election period.Information to be kept after publication periodThe owner or operator of the online platform shall keep the information that was included in the registry referred to in subsection (2) in respect of each partisan advertising message and each election advertising message for five years after the end of the applicable publication period referred to in subsection (4).2018, c. 31, s. 208.1
Information to be provided by advertiserA person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2).2018, c. 31, s. 208.1
Election Surveys
Transmission of election survey resultsThe first person who transmits the results of an election survey — other than a survey that is described in section 327 — to the public during an election period and any person who transmits them to the public within 24 hours after they are first transmitted to the public must provide the following together with the results:the name of the sponsor of the survey;the name of the person or organization that conducted the survey;the date on which or the period during which the survey was conducted;the population from which the sample of respondents was drawn;the number of people who were contacted to participate in the survey;if applicable, the margin of error in respect of the data obtained; andthe address of the Internet site on which a report referred to in subsection (3) is published.Additional information — published surveysIn addition to the information referred to in subsection (1), in the case of a transmission to the public by means other than broadcasting, the wording of the survey questions in respect of which data is obtained must be provided.Notice of transmission of survey resultsThe first person who transmits to the public the results of an election survey — other than a survey that is described in section 327 — shall, if that person is not the sponsor of the survey, ensure that the sponsor of the survey has been notified, before the transmission, of the date on which the results are to be transmitted.Report on survey resultsA sponsor of an election survey — other than a survey that is described in section 327 — shall, during an election period, ensure that a report on the results of the survey is published and remains for the remainder of that period on an Internet site that is available to the public. The sponsor shall do so before transmitting the results of the survey, if they are the first person to transmit them or, if they are not, as soon as feasible after being notified of the date of transmission under subsection (2.1), and the report shall include the following, as applicable:the name and address of the sponsor of the survey;the name and address of the person or organization that conducted the survey;the date on which or the period during which the survey was conducted;information about the method used to collect the data from which the survey results are derived, includingthe sampling method,the population from which the sample was drawn,the size of the initial sample,the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey,the dates and time of day of the interviews,the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, andany weighting factors or normalization procedures used in deriving the results of the survey; andthe wording of the survey questions and, if applicable, the margins of error in respect of the data obtained.[Repealed, 2018, c. 31, s. 210]2000, c. 9, s. 3262018, c. 31, s. 210
Broadcast of surveys not based on recognized statistical methodsThe first person who transmits the results of an election survey that is not based on recognized statistical methods to the public during an election period and any person who transmits them within 24 hours after they are first transmitted to the public must indicate that the survey was not based on recognized statistical methods.
Prohibition — causing transmission of election survey results during blackout periodNo person shall cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.Prohibition — transmission of election survey results during blackout periodNo person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.ApplicationFor the purpose of this section, a person includes a group within the meaning of Part 17.2000, c. 9, s. 3282018, c. 31, s. 211
[Repealed, 2014, c. 12, s. 73]
Broadcasting outside Canada
Prohibition — use of broadcasting station outside CanadaNo person shall, with intent to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election, use a broadcasting station outside Canada, or aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election.ExceptionSubsection (1) does not apply in respect of any matter that is broadcast if the broadcasting signals originated in Canada.Prohibition — broadcasting outside CanadaDuring an election period, no person shall broadcast, outside Canada, election advertising with respect to an election.2000, c. 9, s. 3302018, c. 31, s. 212
[Repealed, 2018, c. 31, s. 213]
Political Broadcasts
Appointment of Broadcasting ArbitratorA Broadcasting Arbitrator shall be appointed by the Chief Electoral Officer without delay after the consultations described in section 333. The Broadcasting Arbitrator shall bechosen by a unanimous decision of representatives of registered parties; ornamed by the Chief Electoral Officer, if the consultations do not result in a unanimous decision.Term of officeThe term of office of the Broadcasting Arbitrator shall expire six months after polling day at the general election next following his or her appointment.Removal for causeThe Chief Electoral Officer may remove the Broadcasting Arbitrator from office only for cause.Eligible for re-appointmentA Broadcasting Arbitrator whose term of office has expired is eligible to be re-appointed.SalaryA Broadcasting Arbitrator shall be paid the salary or other remuneration that may be fixed by the Chief Electoral Officer.
Convening of representativesThe Chief Electoral Officer shall hold a meeting of two representatives of each registered party represented in the House of Commons at that time, or if Parliament is dissolved, at the time of dissolution, designated in writing by their party leader, for the purpose of holding consultations to choose a Broadcasting Arbitrator. The meeting shall be held within90 days after polling day at a general election; or14 days after the day on which the Broadcasting Arbitrator dies, becomes incapacitated, resigns or is removed from office, if that day is not during the election period of a general election.ChairpersonThe Chief Electoral Officer shall designate the Chairperson at the meeting referred to in subsection (1) and at all subsequent consultations.ReportThe representatives of the registered parties referred to in subsection (1) shall make a report signed by each of them to the Chief Electoral Officer of the results of their consultations no later thansix weeks after a meeting referred to in paragraph (1)(a); andfour weeks after a meeting referred to in paragraph (1)(b).
Vacancy during election periodIn the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the election period of a general election, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay.
Broadcasting time provided to registered partiesIn the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions imposed on it under section 9.1 of that Act, make available, for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities.When broadcaster affiliated with networkIf a broadcaster is affiliated with a network, the part of the broadcasting time to be made available under subsection (1) that may be determined by agreement between the broadcaster and the network operator shall be made available by the network operator during the portion of the broadcaster’s prime time broadcasting schedule that has been delegated to the control of the network operator.2000, c. 9, s. 335; 2001, c. 21, s. 172023, c. 8, s. 43
Request for meetingThe Broadcasting Arbitrator shall convene a meeting of representatives of all registered parties to consult on the allocation of broadcasting time made available under section 335 within 30 days after the receipt of a written request from the chief agent of a registered party, or six months after the Broadcasting Arbitrator takes office, whichever is earlier.Time of requestThe written request may not be made until the Broadcasting Arbitrator has been in office for 60 days.ChairpersonThe Broadcasting Arbitrator shall act as Chairperson at any meeting referred to in subsection (1).
No allocationA registered party shall not be allocated broadcasting time if, after receiving notice of the meeting referred to in subsection 336(1), the partyindicates in writing to the Broadcasting Arbitrator that it does not wish to be allocated broadcasting time; orfails to communicate to the Broadcasting Arbitrator its intentions regarding the allocation of the broadcasting time and fails to have its representative attend the meeting.Agreement on allocationUnanimous agreement of the registered parties on the allocation of the broadcasting time is binding on all registered parties.Broadcasting Arbitrator decides when no agreementIf unanimous agreement is not reached within four weeks after the meeting referred to in subsection 336(1), the Broadcasting Arbitrator shall allocate the broadcasting time, and that allocation is binding on all registered parties.
Factors in allocationSubject to subsections (3) to (5), in allocating broadcasting time, the Broadcasting Arbitrator shall give equal weight tothe percentage of seats in the House of Commons held by each of the registered parties at the previous general election; andthe percentage of the popular vote at the previous general election of each registered party.The Broadcasting Arbitrator shall in addition give half the weight given to each of the factors referred to in paragraphs (a) and (b) to the number of candidates endorsed by each of the registered parties at the previous general election, expressed as a percentage of all candidates endorsed by all registered parties at that election.Allocation where merger of partiesSubject to subsections (3) to (5), in allocating broadcasting time in the case of the merger of two or more registered parties, the Broadcasting Arbitrator shallin determining the percentage of seats held by a merged party at the previous general election for the purpose of paragraph (1)(a), include the total number of seats held by the merging parties;in determining the percentage of the popular vote of a merged party at the previous general election for the purpose of paragraph (1)(b), include the total number of votes obtained by the merging parties; andfor the purpose of giving the half-weight under subsection (1), assign to the merged party the number of candidates endorsed by the merging party that had the greatest number of candidates at that election.No allocation in excess of 50%In no case shall the Broadcasting Arbitrator allocate more than 50% of the total of the broadcasting time to a registered party.Allocation of time in excess of 50%If the calculation under subsection (1) would give more than 50% of the total of the broadcasting time to a registered party, the Broadcasting Arbitrator shall allocate the excess amount to the other registered parties entitled to broadcasting time on a proportionate basis.Discretion re allocationIf the Broadcasting Arbitrator considers that an allocation determined in accordance with subsection (1) would be unfair to a registered party or contrary to the public interest, the allocation may be modified, subject to subsections (3) and (4), in any manner that the Broadcasting Arbitrator considers appropriate.Notification of allocationThe Broadcasting Arbitrator shall, as soon as possible, give notice in writing of every allocation of broadcasting time made by the Broadcasting Arbitrator or by the registered parties toevery registered party; andevery political party that became an eligible party either before or after the allocation.The notice shall advise an eligible party referred to in paragraph (b) that it has 30 days after the receipt of the notice to request that broadcasting time be made available to it, for purchase, under section 339.
New parties entitled to broadcasting timeSubject to subsection (4), every eligible party referred to in paragraph 338(6)(b) that makes a request as described in subsection 338(6) within the time referred to in that subsection is entitled to purchase broadcasting time in an amount equal to the lesser ofthe smallest portion of broadcasting time to be made available under section 335 allocated to a registered party under sections 337 and 338, andsix minutes.Parties not entitled to timeAn eligible party referred to in paragraph 338(6)(b) is not entitled to have any broadcasting time made available to it under this section if the partyindicates in writing that it does not wish any broadcasting time under this section; orfails to make a request as described in subsection 338(6) within the time referred to in that subsection.Broadcasting time provided to new eligible partiesIn addition to the broadcasting time to be made available under section 335, and within the period referred to in that section, every broadcaster shall, subject to the regulations made under the Broadcasting Act and to the conditions imposed on it under section 9.1 of that Act, make available, for purchase by every eligible party entitled to broadcasting time under this section, broadcasting time in the amount determined under this section for the eligible party for the transmission of political announcements and other programming produced by or on behalf of the eligible party during prime time on that broadcaster’s facilities.Maximum of 39 minutesThe maximum amount of broadcasting time available for purchase by eligible parties under this section is 39 minutes and, once that amount of broadcasting time is reached, all entitlement under this section shall be altered or established to be of whatever number of minutes or portions of minutes is necessary so that all eligible parties requesting time under this section receive the same amount of time within the 39-minute limit.2000, c. 9, s. 3392023, c. 8, s. 44
Reallocation in case of deregistrationIf a registered party to which broadcasting time has been allocated under this Part is subsequently deregistered, the Broadcasting Arbitrator, within two weeks after publication in the Canada Gazette of the notice of deregistration, shall convene the representatives of the remaining registered parties and eligible parties to which broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time.Reallocation in case of loss of eligibilityWhere an eligible party to which broadcasting time has been allocated under section 339 subsequently ceases to be an eligible party, the Broadcasting Arbitrator, within two weeks after the cessation of eligibility, shall convene the representatives of the remaining registered parties and eligible parties to whom broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time.ExceptionIf the deregistration or cessation of eligibility referred to in subsection (1) or (2), respectively, occurs after the issue of the writs for a general election, the broadcasting time that was allocated to the deregistered party or to the party that has ceased to be eligible shall not be reallocated.2000, c. 9, s. 340; 2003, c. 19, s. 5
Reallocation in case of mergerIf two or more registered parties merge after an allocation of the broadcasting time to be made available under section 335, the Broadcasting Arbitrator shall without delay convene the representatives of the registered parties, including the merged parties, for the purpose of reallocating the broadcasting time allocated to all registered parties.
Broadcasters to be notifiedThe Broadcasting Arbitrator shall notify the Canadian Radio-television and Telecommunications Commission of every allocation under sections 337 and 338 and every entitlement under section 339 as soon as possible after it is made or requested and the Commission shall notify every broadcaster and every network operator of every such allocation and entitlement without delay after it is made and again immediately after the issue of the writs for the next general election.Information to partiesThe Broadcasting Arbitrator shall, on request, provide all registered parties and all eligible parties referred to in paragraph 338(6)(b) with the names and addresses of all broadcasters and network operators.
Annual reviewIn each of the calendar years after the calendar year in which an allocation of broadcasting time has been made under sections 337 and 338 or an eligible party has requested and has become entitled to broadcasting time under section 339, the Broadcasting Arbitrator shall convene and chair a meeting of the representatives of all registered parties to review the allocation or entitlement.Reduction to six and one-half hoursIf, at a meeting referred to in subsection (1), it is determined that the total broadcasting time allocated or requested exceeds six and one-half hours, the Broadcasting Arbitrator shall reduce the allocated or requested time to six and one-half hours on a proportionate basis and that reduction shall be final and binding on all registered parties and eligible parties.
DefinitionsThe definitions in this subsection apply in subsections (2) and (5).commercial time means any period of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements or station or network identification. (temps commercial)program time means any period longer than two minutes during which a broadcaster does not normally present commercial messages, public service announcements or station or network identification. (durée de l’émission)Notice of preference by partyEach registered party and each eligible party entitled to purchase broadcasting time under this Act shall, not later than 10 days after the issue of the writs for a general election, send a notice in writing to each broadcaster and each network operator from whom it intends to purchase broadcasting time, setting out its preference as to the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned is to be made available, but at no time shall that party obtain broadcasting time before the 5th day after the notice is received by the broadcaster or network operator.Consultation to reach agreementEvery broadcaster or network operator who receives a notice under subsection (2) shall, within two days after its receipt, consult with representatives of the registered party or eligible party that sent the notice for the purpose of reaching an agreement on the requests contained in it.When no agreementIf no agreement is reached under subsection (3) within two days after the commencement of the consultation required by that subsection, the matter shall be referred to the Broadcasting Arbitrator who shall decide on the requests without delay and give notice of his or her decision to the broadcaster or network operator and to the representatives of the registered party or eligible party that made the requests.Factors in decisionIn making a decision under subsection (4), the Broadcasting Arbitrator shall take into account the following principles:that each registered party and each eligible party should have the freedom and flexibility to determine the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned should be made available; andthat any broadcasting time to be made available to a registered party or eligible party should be made available fairly throughout prime time.Decision bindingA decision of the Broadcasting Arbitrator under subsection (4) is final and binding on the registered party or eligible party, as the case may be, and the broadcaster or network operator.
Free broadcasting timeIn the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day at that election, every network operator shall, subject to the regulations made under the Broadcasting Act and to the conditions imposed on it under section 9.1 of that Act, make available, at no cost, to the registered parties and eligible parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection if the network formed and operated by the network operatorreaches a majority of Canadians whose mother tongue is the same as that in which the network broadcasts;is licensed with respect to more than a particular series of programs or type of programming; anddoes not involve a distribution undertaking as defined in subsection 2(1) of the Broadcasting Act.Determination of free broadcasting timeFor the purpose of subsection (1), the minimum amount of broadcasting time that a network operator is to make available shall be no less than the amount of free broadcasting time made available by it at the last general election and shall be made available as follows:two minutes to every registered party referred to in paragraph 337(1)(a) and every eligible party referred to in paragraph 339(2)(a); andthe remainder to all registered parties that have been allocated any of the broadcasting time to be made available under section 335 and all eligible parties that have requested broadcasting time under section 339 in the proportion that their allocated or requested purchasable broadcasting time bears to the total broadcasting time allocated or requested under those sections.Free time not election expenseThe value of free broadcasting time made available to a registered party under this section shall not be taken into consideration in calculating its election expenses within the meaning of section 376.Determination of population reachedFor the purpose of subsection (1), a network is deemed to reachpeople resident within the areas served by broadcasting stations affiliated to the network thatin the case of A.M. radio stations, are enclosed by the night-time interference-free official contour of the stations,in the case of F.M. radio stations, are enclosed by the 50 mV per metre official contour of the stations, andin the case of television stations, are enclosed by the Grade B official contour of the stations; andpeople resident outside the areas described in paragraph (a) to whom the signals of broadcasting stations affiliated to the network are available via distribution undertakings licensed by the Canadian Radio-television and Telecommunications Commission.2000, c. 9, s. 345; 2001, c. 21, s. 18; 2014, c. 12, s. 742023, c. 8, s. 45
Broadcasting Arbitrator to prepare guidelinesThe Broadcasting Arbitrator shall, not later than two days after the issue of the writs for a general election, prepare and send to the Canadian Radio-television and Telecommunications Commission a set of guidelines respectingthe allocation of or entitlement to broadcasting time under this Act;the procedures for booking broadcasting time by registered parties and eligible parties; andany other matters that may be pertinent to the conduct of broadcasters and network operators under this Act.
C.R.T.C. to prepare and send guidelinesThe Canadian Radio-television and Telecommunications Commission shall, not later than four days after the issue of the writs for a general election, prepare a set of guidelines respecting the applicability of the Broadcasting Act and the regulations made under that Act to the conduct of broadcasters and network operators in relation to a general election and send them, together with the set of guidelines sent by the Broadcasting Arbitrator under section 346, to all broadcasters and network operators.
Prohibition relating to rates chargedNo person shall charge a registered party, any other political party or a candidate or a person acting on behalf of any of them,a rate for broadcasting time made available to the party or candidate, in the period beginning on the issue of the writs and ending at midnight on the day before polling day, that exceeds the lowest rate charged by the person for an equal amount of equivalent time on the same facilities made available to any other person at any time within that period; ora rate for an advertisement in a periodical publication published or distributed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by the person for an equal amount of equivalent advertising space in the same issue of the periodical publication or in any other issue of it that is published or distributed and made public in that period.2000, c. 9, s. 348; 2001, c. 21, s. 19
Voter Contact Calling ServicesInterpretation
DefinitionsThe following definitions apply in this Part.automatic dialing-announcing device means any automatic equipment that has the capability to store or produce telephone numbers and that is used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to those telephone numbers.  (composeur-messager automatique)call means any of the following types of calls that are made to telephone numbers:live voice calls;calls made by means of an automatic dialing-announcing device;calls that consist of a combination of the types of calls referred to in paragraphs (a) and (b). (appel)calling service provider means a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group. (fournisseur de services d’appel)group means a registered party, registered association, unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose. (groupe)internal services meansin relation to a group, the services provided by its members or employees, and those provided to it free of charge by any individual;in relation to a candidate, a nomination contestant or a third party who is an individual, the services provided by them personally or by their employees and those provided free of charge to the candidate, contestant or third party by any individual; andin relation to a third party that is a corporation, the services provided by its employees and those provided to it free of charge by any individual. (services internes)official representative meansin the case of a registered party, its chief agent;in the case of a registered association, its financial agent;in the case of a candidate, their official agent;in the case of a nomination contestant, their financial agent;in the case of a registered third party, its financial agent;in the case of an unregistered third party that is a corporation, the officer of the corporation who has signing authority for it; andin the case of an unregistered third party that is a group, a person who is responsible for the group. (représentant officiel)registered third party means a third party that is registered under section 353. (tiers enregistré)third party means a person or a group, other than a registered party, registered association, candidate or nomination contestant. (tiers)voter contact calling services means services involving the making of calls during an election period for any purpose related to an election, includingpromoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated;encouraging electors to vote or to refrain from voting;providing information about the election, including information about voting hours and the location of polling stations;gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; andraising funds for a registered party, a registered association, a candidate or a nomination contestant. (services d’appels aux électeurs)2014, c. 12, s. 75
Provision of Voter Contact Calling ServicesAgreements Relating to Voter Contact Calling Services
Prohibition — entering into agreement with calling service providerA person or group shall not enter into an agreement with a calling service provider for voter contact calling services unlessthe person or group is a registered party, a registered association, a nomination contestant or a registered third party, or an unregistered third party that is a corporation or group, and the agreement is entered into on behalf of the person or group by the person’s or group’s official representative;the person is a candidate and the agreement is entered into in their own name or on their behalf by their official representative or by a person that their official representative has so authorized in writing; orthe person is an unregistered third party who is an individual and the agreement is entered into in their own name.2014, c. 12, s. 76
Obligation to informBefore a person enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, the person shall inform the calling service provider that the agreement is for voter contact calling services and shall provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.2014, c. 12, s. 76
Obligation to obtain identification informationBefore a calling service provider enters into an agreement with a person or group to provide voter contact calling services, the calling service provider shall obtain from the person who is to enter into the agreement, either in their own name or on behalf of the person or a group, their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.Obligation to keep identification informationThe calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.2014, c. 12, s. 76
Obligation to confirm nature of servicesA calling service provider that enters into an agreement to make calls for or on behalf of a person or group shall, before the first call is made under the agreement during an election period, ask the person or group whether the making of calls under the agreement would constitute voter contact calling services.Obligation to authorize, etc.If the making of calls under the agreement does constitute voter contact calling services, a person who is authorized under section 348.02 to enter into an agreement for voter contact calling services with respect to the person or group in question shall, before the first call is made, authorize the provision of voter contact calling services under the agreement and provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.Obligation to obtain identification informationIf the making of calls under the agreement does constitute voter contact calling services, the calling service provider shall, before the first call is made, obtain from the person who provides the authorization in accordance with subsection (2) that person’s name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains that person’s name.Obligation to keep identification informationThe calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.2014, c. 12, s. 76
Filing Obligations — Registration Notices
Obligation to file registration noticeA calling service provider that, in accordance with an agreement, provides voter contact calling services shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.Time for filing and contentsFor each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set outthe calling service provider’s name;the name of the person or group that is a party to the agreement;the name of the person or group on whose behalf calls will be made under the agreement; andthe type of calls to be made under the agreement.2014, c. 12, s. 762018, c. 31, s. 214
Obligation to file registration notice — agreementA person who enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, or a person who provides an authorization of the provision of voter contact calling services under an agreement in accordance with subsection 348.05(2), as the case may be, shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.Time for filing and contentsFor each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set outthe calling service provider’s name;the name of the person or group that is a party to the agreement;the name of the person or group on whose behalf calls will be made under the agreement; andthe type of calls to be made under the agreement.Obligation to provide copy of identification documentThe person who files the registration notice shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.DeemingExcept for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.2014, c. 12, s. 762018, c. 31, s. 215
Obligation to file registration notice — live voice callsIf, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the third party’s official representative shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.Time for filing and contentsThe registration notice shall be filed not later than 48 hours after the first live voice call is made and shall set outthe third party’s name;the name, address and telephone number of the official representative; anda statement that the third party is making live voice calls.Obligation to provide copy of identification documentThe official representative shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.DeemingExcept for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.2014, c. 12, s. 76
Obligation to file registration notice — other callsIf, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the official representative of the person or group — or the person themselves, if the person is an unregistered third party who is an individual — shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.Time for filing and contentsThe registration notice shall be filed not later than 48 hours after the first call is made and shall set outthe name of the person or group;the name, address and telephone number of the official representative or individual; anda statement that the person or group is making calls by means of an automatic dialing-announcing device.Obligation to provide copy of identification documentThe official representative or individual shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.DeemingExcept for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.2014, c. 12, s. 76
Role of the Canadian Radio-television and Telecommunications Commission
Administration and enforcementThe Canadian Radio-television and Telecommunications Commission is responsible for the administration and enforcement of this Division.Telecommunications ActThe administration and enforcement of this Division are to be carried out under Part V of the Telecommunications Act.2014, c. 12, s. 76
RegistryThe Canadian Radio-television and Telecommunications Commission is responsible for establishing and maintaining a registry, to be known as the Voter Contact Registry, in which all documents provided to it under sections 348.06 to 348.09 are to be kept.2014, c. 12, s. 76
PublicationAs soon as feasible but no later than 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.ClarificationNothing in subsection (1) precludes the Canadian Radio-television and Telecommunications Commission from publishing, before polling day, any registration notice filed with it or any information related to any incomplete registration notice that is filed with it.2014, c. 12, s. 762018, c. 31, s. 216
DelegationThe Canadian Radio-television and Telecommunications Commission may, in writing and on any terms it specifies, delegate to any person any of the powers, duties and functions referred to in sections 348.11 and 348.12.RevocationThe Commission may, in writing, revoke a delegation made under subsection (1).2014, c. 12, s. 76
Authorization of types of identificationThe Canadian Radio-television and Telecommunications Commission may authorize the types of pieces of identification and of copies of such pieces of identification for the purposes of sections 348.03 to 348.05 and 348.07 to 348.09.2014, c. 12, s. 76
Disclosure to CommissionerThe Canadian Radio-television and Telecommunications Commission shall, on the request of the Commissioner, disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.2014, c. 12, s. 76
Scripts, Recordings and Lists of Telephone Numbers
Calling service provider — agreementEvery calling service provider that, in accordance with an agreement, provides voter contact calling services shall keep, for three years after the end of the election period,a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used;a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed; anda list of every telephone number called under the agreement during the election period.2014, c. 12, s. 772018, c. 31, s. 218
Person or group — agreementEvery person or group that enters into an agreement with a calling service provider under which voter contact calling services are provided shall keep, for one year after the end of the election period,a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used;a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed; anda list of every telephone number called under the agreement during the election period.2014, c. 12, s. 772018, c. 31, s. 219
Person or group — internal servicesIf, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the person or group shall keep, for one year after the end of the election period,a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed; anda list of every telephone number called for that purpose during the election period.2014, c. 12, s. 772018, c. 31, s. 220
Third party that is corporation or group — internal servicesIf, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the third party shall, if a script is used, keep, for one year after the end of the election period,a copy of each unique script used and a record of every date on which the script was used; anda list of every telephone number called for that purpose during the election period.2014, c. 12, s. 772018, c. 31, s. 220
Third Party Advertising, Partisan Activities and Election SurveysInterpretation
DefinitionsThe definitions in this section apply in this Part.election advertising[Repealed, 2018, c. 31, s. 222]election advertising expense[Repealed, 2018, c. 31, s. 222]election survey means an election survey that is conducted by, or caused to be conducted by, a third party — a person or group other than a political party that is registered under an Act of a province — during a pre-election period or an election period and whose results the person or group takes into accountin deciding whether or not to organize and carry out partisan activities or to transmit partisan advertising messages or election advertising messages; orin their organization and carrying out of those activities or their transmission of those messages. (sondage électoral)election survey expense means an expense incurred in respect of the conducting of an election surveyin Division 1, during a pre-election period;in Division 2, during an election period; andin Division 3, during either a pre-election period or an election period. (dépenses de sondage électoral)expenses meansamounts paid;liabilities incurred;the commercial value of property and services, other than volunteer labour, that are donated or provided; andamounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value. (dépenses)group means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose. (groupe)partisan activity means an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party — a person or group other than a political party that is registered under an Act of a province — and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. It does not include election advertising, partisan advertising or a fundraising activity. (activité partisane)partisan activity expense means an expense incurred in respect of the organization and carrying out of a partisan activity. (dépenses d’activité partisane)registered third party means a third party that is registered under section 349.6 or 353. (tiers enregistré)third party meansin Division 0.1, a person or a group other thanduring an election period, a candidate, a registered party or an electoral district association of a registered party, andoutside of an election period,a registered party or eligible party or a registered association,a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), ora nomination contestant;in Division 1, a person or a group other thana registered party or eligible party or a registered association,a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), ora nomination contestant; andin Division 2, a person or a group other than a candidate, a registered party or an electoral district association of a registered party. (tiers)2000, c. 9, s. 3492018, c. 31, s. 222
Prohibition on Use of Foreign Funds by Third Parties
DefinitionsThe following definitions apply in this Division.advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not includethe transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; orthe making of telephone calls to electors only to encourage them to vote. (publicité)foreign entity includesan individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;a trade union that does not hold bargaining rights for employees in Canada;a foreign political party; ora foreign government or an agent or mandatary of one. (entité étrangère)Definition of advertisingFor the purposes of the definition advertising, promoting or opposing includesin relation to a registered party or eligible party,naming it,identifying it, including by its logo, andproviding a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); andin relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,naming him or her,showing a photograph, cartoon or drawing of him or her,identifying him or her, including by political affiliation or by any logo that he or she has, andproviding a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).2018, c. 31, s. 223
Prohibition — use of foreign fundsNo third party shall use funds for a partisan activity, for advertising, for election advertising or for an election survey if the source of the funds is a foreign entity.2018, c. 31, s. 223
Prohibition — circumventing prohibition on use of foreign fundsNo third party shallcircumvent, or attempt to circumvent, the prohibition under section 349.02; oract in collusion with another person or entity for that purpose.2018, c. 31, s. 223
Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period
Maximum pre-election period expensesSubject to section 349.4, a third party shall not incur the following expenses in an aggregate amount of more than $700,000:partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.Maximum pre-election period expenses — electoral districtNot more than $7,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more potential candidates or nomination contestants in a given electoral district.Expenses — party leaderThe 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.Third party inflation adjustment factorThe amounts referred to in subsections (1) and (2) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.2018, c. 31, s. 223
Prohibition — circumventing maximum amountA third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 349.1 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, partisan advertising expenses and election survey expenses exceed the maximum amount.2018, c. 31, s. 223
Prohibition — collusion with registered partyNo 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 a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.Prohibition — collusion with potential candidateNo third party and no potential 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 a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.Prohibition — collusion with associated personNo third party and no person associated with a potential candidate’s activities undertaken with a view to the potential candidate’s eventual election — including an official agent of a potential candidate who is deemed to be a candidate under section 477 — 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 a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.2018, c. 31, s. 223
Prohibition — spending by foreign third partiesA foreign third party shall not incur the following expenses:partisan activity expenses in relation to a partisan activity that is carried out during a pre-election period;partisan advertising expenses in relation to a partisan advertising message that is transmitted during that period; andelection survey expenses in relation to an election survey that is conducted during that period.Definition of foreign third partyIn subsection (1), a foreign third party is a third party in respect of whichif the third party is an individual, the individualis not a Canadian citizen,is not a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, anddoes not reside in Canada;if the third party is a corporation or entity,it does not carry on business in Canada, or its only activity carried on in Canada during a pre-election period consists of doing anything 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 following election, andit was incorporated, formed or otherwise organized outside Canada; andif the third party is a group, no person who is responsible for the groupis a Canadian citizen,is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orresides in Canada.2018, c. 31, s. 223
Advertising to name third partyA third party shall include — in a manner that is clearly visible or otherwise accessible — in any partisan 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.2018, c. 31, s. 223
Registration requirement for third partiesA third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.However, the third party may not register before the beginning of the pre-election period.Application for registrationAn application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall includeif the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration thatthey are a Canadian citizen,they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orthey reside in Canada;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;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 thatthey are a Canadian citizen,they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orthey reside in Canada;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; andthe name, address and telephone number of the third party’s financial agent.Declaration of financial agent to accompany applicationAn application under subsection (2) shall be accompanied by a declaration signed by the financial agent accepting the appointment.New financial agentIf a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.Trade union or corporationIf 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, partisan advertising expenses and election survey expenses.Examination of applicationThe Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.Application rejectedA third party may not be registered under a name that, in the Chief Electoral Officer’s opinion, is likely to be confused with the name of a registered party or eligible party, a potential candidate, a nomination contestant, a candidate, a leadership contestant, a leader of a registered party or eligible party or a registered third party.Registration endsSubject to subsection 353(1.1), the registration of a third party is valid only for the pre-election period during which the application is made, but the third party continues to be subject to this Part.2018, c. 31, s. 223
Appointment of financial agentA third party that is required to register under subsection 349.6(1) shall appoint a financial agent, who may be a person who is authorized to sign an application for registration made under that subsection.Financial agent — ineligible personsThe following persons are not eligible to be a financial agent of a third party:an election officer or a member of the staff of a returning officer;a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;the chief agent of a registered party or eligible party;a registered agent of a registered party;a nomination contestant or their financial agent;a leadership contestant or their leadership campaign agent; anda person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.2018, c. 31, s. 223
Requirement to appoint auditorA third party that is required to register under subsection 349.6(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.Eligibility criteriaThe following are eligible to be an auditor for a third party:a person who is a member in good standing of a corporation, an association or an institute of professional accountants; ora partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.Auditor — ineligible personsThe following persons are not eligible to be an auditor for a third party:the third party’s financial agent;a person who signed the application made under subsection 349.6(2);an election officer or a member of the staff of a returning officer;a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;the chief agent of a registered party or eligible party;a registered agent of a registered party;a nomination contestant or their financial agent; anda leadership contestant or their leadership campaign agent.Notification of appointmentEvery third party, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a declaration signed by the auditor accepting the appointment.New auditorIf a third party’s auditor is replaced, it shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a declaration signed by the new auditor accepting the appointment.2018, c. 31, s. 223
Responsibilities of financial agentEvery contribution made during a pre-election period to a registered third party for partisan activity, partisan advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, partisan advertising expense or election survey expense incurred during a pre-election period on behalf of a registered third party shall be authorized by its financial agent.DelegationA financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, partisan advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.2018, c. 31, s. 223
Interim third-party expenses returnEvery third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer within 5 days after the day on which it became required to be registered in accordance with that subsection, if the third partyhas incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the day on which it became required to be registered in accordance with subsection 349.6(1); orhas 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 (a).Contents of returnThe interim third-party expenses return shall containa list of partisan activity expenses referred to in subsection 349.1(2) incurred during the period referred to in paragraph (1)(a) and the date and place of the partisan activities to which the expenses relate;a list of partisan advertising expenses referred to in subsection 349.1(2) incurred during that period and the date and place of the transmission of the partisan advertising messages to which the expenses relate;a list of election survey expenses referred to in subsection 349.1(2) incurred during that period and the date of the election surveys to which the expenses relate; anda list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) incurred during that period — other than those referred to in paragraphs (a) to (c) — 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.When no expensesIf a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.ContributionsThe interim third-party expenses return shall includethe 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)(a);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)(a), their name, address and class, and the amount and date of each contribution;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; andthe 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)(a) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.ExceptionsThe 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 under subsection 359(1) in respect ofa by-election that was held after the general election referred to in paragraph (1)(a); ora 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).LoansFor the purpose of subsection (4), a contribution includes a loan.CategoriesFor the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:individuals;businesses;commercial organizations;governments;trade unions;corporations without share capital other than trade unions; andunincorporated organizations or associations other than trade unions.Names to be providedIf the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(a) 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.DeclarationThe interim third-party expenses return shall include a declaration that the return is accurate signed bythe third party’s financial agent; andif different from the financial agent, the person who signed the application made under subsection 349.6(2).Supporting documentsA 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.2018, c. 31, s. 223
Interim third-party expenses returnEvery third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on September 15, if the third partyhas incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the earlier of September 14 and the last day of the pre-election period; orhas 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 (a).Section 349.91 appliesSubsections 349.91(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(a) of section 349.91 shall be read as a reference to the period referred to in paragraph (1)(a) of this section.ExceptionIn addition to the exceptions set out in subsection 349.91(5), the interim third-party expenses return need not include any information referred to in subsections 349.91(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 349.91(1).ApplicationThis section applies only in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2.2018, c. 31, s. 223
Prohibition — false, misleading or incomplete returnNo third party shall file under subsection 349.91(1) or 349.92(1) an interim third-party expenses return thatthe third party knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under section 349.91 or 349.92, as the case may be.2018, c. 31, s. 223
Prohibition — use of certain contributionsNo third party shall use a contribution made for partisan activity, partisan advertising or election survey purposes 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 349.91(7) the contributor falls:a partisan activity that is carried out during a pre-election period;a partisan advertising message that is transmitted during that period; andan 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 partisan advertising messages during that period.2018, c. 31, s. 223
Partisan Activities, Election Advertising and Election Surveys During Election Period
Maximum election period expensesSubject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $350,000:partisan activity expenses in relation to partisan activities that are carried out during the election period of a general election;election advertising expenses in relation to election advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.Maximum election period expenses — electoral districtNot 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.Expenses — party leaderThe 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.Maximum election period expenses — by-electionSubject 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:partisan activity expenses in relation to partisan activities that are carried out during the election period of a by-election;election advertising expenses in relation to election advertising messages that are transmitted during that period; andelection survey expenses in relation to election surveys that are conducted during that period.Uncancellable spendingIn 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.Third party inflation adjustment factorThe amounts referred to in subsections (1), (2) and (4) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the issue of the writ or writs.[Repealed, 2018, c. 31, s. 224]2000, c. 9, s. 350; 2014, c. 12, s. 782018, c. 31, s. 224
Prohibition — circumventing maximum amountA 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.2000, c. 9, s. 3512018, c. 31, s. 225
Prohibition — collusion with registered partyNo 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.Prohibition — collusion with candidateNo 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.Prohibition — collusion with associated personNo 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.2018, c. 31, s. 225
Prohibition — spending by foreign third partiesA foreign third party shall not incur the following expenses:partisan activity expenses in relation to a partisan activity that is carried out during an election period;election advertising expenses in relation to an election advertising message that is transmitted during that period; andelection survey expenses in relation to an election survey that is conducted during that period.Definition of foreign third partyIn subsection (1), a foreign third party is a third party in respect of whichif the third party is an individual, the individualis not a Canadian citizen,is not a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, anddoes not reside in Canada;if the third party is a corporation or entity,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, andit was incorporated, formed or otherwise organized outside Canada; andif the third party is a group, no person who is responsible for the groupis a Canadian citizen,is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orresides in Canada.2014, c. 12, s. 78.12018, c. 31, s. 225
[Repealed, 2018, c. 31, s. 225]
Advertising to name third partyA 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.2000, c. 9, s. 3522018, c. 31, s. 225
Registration requirement for third partiesA third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:partisan activity expenses in relation to partisan activities that are carried out during an election period;election advertising expenses in relation to election advertising messages that are transmitted during that period; andelection 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.Exception — deemed registrationA 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).Application for registrationAn application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall includeif the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration thatthey are a Canadian citizen,they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orthey reside in Canada;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;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 thatthey are a Canadian citizen,they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, orthey reside in Canada;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; andthe name, address and telephone number of the third party’s financial agent.Declaration of financial agent to accompany applicationAn application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.New financial agentIf a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.Trade union or corporationIf 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.Examination of applicationThe Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.Application rejectedA third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, registered party, registered third party or eligible party.Registration endsThe 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).2000, c. 9, s. 353; 2014, c. 12, s. 792018, c. 31, s. 226
Appointment of financial agentA third party that is required to register under subsection 353(1) shall appoint a financial agent who may be a person who is authorized to sign an application for registration made under that subsection.Exception — deemed appointmentIf, 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).Financial agent — ineligible personsThe following persons are not eligible to be a financial agent of a third party:a candidate or an official agent of a candidate;a person who is the chief agent, or a registered agent, of a registered party;an election officer or a member of the staff of a returning officer; anda person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.2000, c. 9, s. 354; 2001, c. 27, s. 2122018, c. 31, s. 227
Requirement to appoint auditorA 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:partisan activity expenses in respect of partisan activities that take place during an election period;election advertising expenses in respect of election advertising messages that are transmitted during that period; andelection survey expenses in relation to that period.Exception — deemed appointmentIf, 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).Eligibility criteriaThe following are eligible to be an auditor for a third party:a person who is a member in good standing of a corporation, an association or an institute of professional accountants; ora partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.Ineligibility criteriaThe following persons are not eligible to be an auditor for a third party:the third party’s financial agent;a person who signed the application made under subsection 353(2);an election officer or a member of the staff of a returning officer;a candidate;the official agent of a candidate;the chief agent of a registered party or an eligible party; anda registered agent of a registered party.Notification of appointmentEvery third party, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.New auditorIf a third party’s auditor is replaced, it must, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.2000, c. 9, s. 3552018, c. 31, s. 228
[Repealed, 2018, c. 31, s. 229]
Responsibilities of financial agentEvery 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.DelegationA 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.[Repealed, 2018, c. 31, s. 230]2000, c. 9, s. 3572018, c. 31, s. 230
Interim third party expenses returnEvery 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 partywas required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);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; orhas 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).Contents of returnThe interim third-party expenses return shall containin the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,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,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,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, anda 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; andin the case of any general election,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,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,a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, anda 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.When no expensesIf a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.ContributionsThe interim third-party expenses return shall includethe 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);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;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; andthe 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.ExceptionsThe 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 filedunder subsection 359(1) in respect ofa by-election that was held after the general election referred to in paragraph (1)(b), ora 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); orunder subsection 349.91(1) or 349.92(1).LoansFor the purpose of subsection (4), a contribution includes a loan.CategoriesFor the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:individuals;businesses;commercial organizations;governments;trade unions;corporations without share capital other than trade unions; andunincorporated organizations or associations other than trade unions.Names to be providedIf 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.DeclarationThe interim third-party expenses return shall include a declaration that the return is accurate signed bythe third party’s financial agent; andif 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.Supporting documentsA 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.2018, c. 31, s. 231
Interim third-party expenses returnEvery 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 partywas required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);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; orhas 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).Section 357.01 appliesSubsections 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.ExceptionIn 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).2018, c. 31, s. 231
Prohibition — false, misleading or incomplete returnNo third party shall file under subsection 357.01(1) or 357.02(1) an interim third-party expenses return thatthe third party knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under section 357.01 or 357.02, as the case may be.2018, c. 31, s. 231
Prohibition — use of certain contributionsNo 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 partisan activity that is carried out during an election period;an election advertising message that is transmitted during that period; andan 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.2018, c. 31, s. 231
[Repealed, 2018, c. 31, s. 232]
Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns
Bank accountA third party that is required to register under subsection 349.6(1) — or under subsection 353(1), if it was not required to register under subsection 349.6(1) — shall open a separate bank account for the sole purpose of its partisan activities that are carried out or to be carried out during a pre-election period or an election period, partisan advertising, election advertising and election surveys.Financial institutionThe account shall be in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.Payments and receiptsAll of the third party’s financial transactions in relation to its partisan activities referred to in subsection (1), partisan advertising, election advertising and election surveys that involve the payment or receipt of money are to be paid from or deposited to the account.Closure of bank accountAfter polling day, the third party shall close the account once all unpaid claims and any outstanding balance have been dealt with.Final statement of bank accountThe third party shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.2018, c. 31, s. 233
Registry of third partiesThe Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of registered third parties in which is recorded, in relation to each one, the information referred to in subsections 349.6(2), 349.8(4) and (5), 353(2) and 355(4) and (5).2018, c. 31, s. 233
Third-party expenses returnEvery third party that is required to be registered in accordance with subsection 349.6(1) or 353(1) shall file a third-party expenses return in the prescribed form with the Chief Electoral Officer within four months after polling day.Contents of returnThe third-party expenses return shall containin the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,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,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,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, anda 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;in the case of any general election,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,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,a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, anda 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; andin the case of a by-election, a list of partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(4) 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.When no expensesIf a third party has not incurred expenses referred to in paragraph (2)(a), (b) or (c), that fact shall be indicated in its third-party expenses return.ContributionsThe third-party expenses return shall includethe amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on that polling day referred to in that subsection;subject to paragraph (b.1), 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 (a), their name, address and class, and the amount and date of each contribution;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; andthe 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 partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.ExceptionsThe third-party expenses return need not include any information referred to in subsection (4) that was included in a third-party expenses return that the third party previously filed under subsection (1) in respect ofa by-election that was held after the general election referred to in paragraph (4)(a); ora 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).LoansFor the purpose of subsection (4), a contribution includes a loan.CategoriesFor the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:individuals;businesses;commercial organizations;governments;trade unions;corporations without share capital other than trade unions; andunincorporated organizations or associations other than trade unions.Names to be providedIf the third party is unable to identify which contributions were received during the period referred to in paragraph (4)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the third-party expenses return shall include, subject to paragraph (4)(b.1), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.DeclarationA third-party expenses return shall include a declaration that the return is accurate signed bythe third party’s financial agent; andif different from the financial agent, the person who signed the application made under subsection 353(2) or — if subsection 353(1.1) applies — 349.6(2).Supporting documentsA 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.2000, c. 9, s. 359; 2001, c. 21, s. 202018, c. 31, s. 234
Prohibition — false, misleading or incomplete documentNo third party shall file under subsection 359(1) a third-party expenses return thatthe third party knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under section 359.2018, c. 31, s. 235
Auditor’s reportIf a third party incurs partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses in an aggregate amount of $10,000 or more, its third-party expenses return filed under subsection 359(1) shall include a report made under subsection (2).Auditor’s reportThe third party’s auditor shall report on the third-party expenses return and shall 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 accounting records on which it is based.StatementAn auditor shall include in the report any statement that the auditor considers necessary, whenthe third-party expenses return that is the subject of the report does not present fairly the information contained in the accounting records on which it is based;the auditor has not received from the third party all of the required information and explanation; orbased on the auditor’s examination, it appears that proper accounting records have not been kept by the third party.Right of accessThe auditor shall have access at any reasonable time to all of the third party’s documents that, in the auditor’s opinion, are necessary to enable the auditor to prepare the report, and may require the third party to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.2000, c. 9, s. 3602018, c. 31, s. 236
Minor corrections — Chief Electoral OfficerThe Chief Electoral Officer may correct a third-party expenses return filed under subsection 359(1) if the correction does not materially affect its substance.Corrections or revisions at request of Chief Electoral OfficerThe Chief Electoral Officer may in writing request a third party to correct or revise, within a specified period, a third-party expenses return filed under subsection 359(1).Deadline for correction or revisionIf the Chief Electoral Officer requests a correction or revision, the third party shall provide him or her with the corrected or revised version of the return within the specified period.2000, c. 9, s. 3612018, c. 31, s. 237
Extensions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a third party, shall authorize the extension of the period referred to in subsection 359(1) unless he or she is satisfied that the third party’s failure to file the third-party expenses return under that subsection was deliberate or was the result of the third party’s failure to exercise due diligence.DeadlineThe application may be made within the period referred to in subsection 359(1) or within two weeks after the end of that period.2018, c. 31, s. 237
Corrections or revisions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a third party, shall authorize the correction or revision of a third-party expenses return filed under subsection 359(1) if he or she is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.Application made without delayThe application shall be made immediately after the third party becomes aware of the need for correction or revision.Deadline for corrections or revisionsThe third party shall provide the Chief Electoral Officer with the corrected or revised version of the return 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).New deadlineThe Chief Electoral Officer, on the written application of the third party 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 third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.Extension of new deadlineThe Chief Electoral Officer, on the written application of the third party 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 third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.2018, c. 31, s. 237
Extensions, corrections or revisions — judgeA third party may apply to a judge for an orderrelieving the third party from the obligation to comply with a request referred to in subsection 361(2);authorizing an extension referred to in subsection 361.1(1); orauthorizing a correction or revision referred to in subsection 361.2(1).The third party shall notify the Chief Electoral Officer that the application has been made.DeadlineThe application may be madeunder paragraph (1)(a), within the specified period referred to in subsection 361(2) or within the two weeks after the end of that period;under paragraph (1)(b), within two weeks after, as the case may be,if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 361.1(2), the end of the two-week period referred to in that subsection,the rejection of an application for an extension made in accordance with section 361.1, orthe end of the extended period referred to in subsection 361.1(1); orunder paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 361.2.Grounds — extensionThe judge shall grant an order authorizing an extension unless the judge is satisfied that the third party’s failure to file the required third-party expenses return was deliberate or was the result of the third party’s failure to exercise due diligence.Grounds — corrections or revisionsThe judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.Contents of orderThe order may require that the third party satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.2018, c. 31, s. 237
PublicationThe Chief Electoral Officer shall, in the manner he or she considers appropriate,publish the names and addresses of registered third parties, as they are registered;publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);publish, within one year after the issue of the writ, returns filed under subsection 359(1); andpublish, as soon as feasible, a corrected or revised version of a return filed under subsection 359(1) and published under paragraph (b).2000, c. 9, s. 3622018, c. 31, s. 238
Financial AdministrationGeneral Financial ProvisionsContributions
Prohibition — ineligible contributorsNo person or entity other than an individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.Return of contributionsIf a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution from an ineligible contributor, 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 ineligibility, 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.Provincial divisionsFor greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers of funds to or by the division are transfers to or by the party.Registered agentsA provincial division of a registered party may appoint registered agents, subject to any terms and conditions that the appointment specifies. This Act applies to those agents as if they were registered agents appointed by the party under subsection 396(1).2000, c. 9, s. 363; 2014, c. 12, s. 86
Contributions — inclusions and exclusionsAny money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.Exclusion — litigation expenses and personal expensesFor the purposes of this Act, any money that is used out of a nomination contestant’s, candidate’s or leadership contestant’s own funds to pay a litigation expense or personal expense is not a contribution if it has not been deposited into the bank account referred to insubsection 476.65(1), in the case of a nomination contestant;subsection 477.46(1), in the case of a candidate; orsubsection 478.72(1), in the case of a leadership contestant.Exclusion for goods and services — registered parties, registered associations and candidatesA provision of goods or services is permitted and is not a contribution for the purposes of this Act if it isfrom a registered party to an electoral district association of the party or a candidate endorsed by the party;from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);from a candidate endorsed by a registered party to the party or a registered association of the party;from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; orin the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.Exclusion for funds — registered parties, registered associations and candidatesA transfer of funds is permitted and is not a contribution for the purposes of this Act if it isfrom a registered party to an electoral district association of the party;from a registered association to the registered party with which it is affiliated or another registered association of the party;from a candidate endorsed by a registered party to the party or a registered association of the party;from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; orin the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.Exclusion for funds other than trust funds — registered parties and registered associationsA transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it isfrom a registered party to a candidate endorsed by the party; orfrom a registered association to a candidate endorsed by the registered party with which the association is affiliated.Exclusion for funds — nomination contestants, leadership contestants and registered partiesA transfer of funds is permitted and is not a contribution for the purposes of this Act if it isfrom a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;from a leadership contestant of a registered party to the party or a registered association of the party; orfrom a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).Exclusion — paid leave of absenceThe provision by an employer of a paid leave of absence to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.Exclusion — membership feesThe payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.ContributionFor greater certainty, the payment by or on behalf of an individual of fees to attend an annual or biennial convention or leadership convention of a particular registered party is a contribution to that party.ProhibitionNo person or entity other than an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall pay fees to attend an annual or biennial convention or leadership convention of a particular registered party, or pay fees on behalf of another individual for them to attend such a convention.2000, c. 9, s. 364; 2014, c. 12, s. 862018, c. 31, s. 239
Certain transfers prohibitedNo registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a nomination contestant or a leadership contestant, unless the goods or services are offered equally to all contestants.Definition of directed contributionIn this section, directed contribution means an amount that is all or part of a contribution made to a registered party and that the contributor requests in writing be transferred to a particular leadership contestant.ExceptionSubsection (1) does not apply to a directed contribution that is transferred by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.PresumptionThe amount of a directed contribution that is to be transferred to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.2000, c. 9, s. 365; 2014, c. 12, s. 86
Issuance of receiptsAny person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant shall issue a receipt — of which the person shall keep a copy — for each contribution of more than $20 that they accept.Record keepingIf anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following:a description of the function at which the contributions were collected;the date of the function;the approximate number of people at the function; andthe total amount of the anonymous contributions received.2000, c. 9, s. 366; 2004, c. 24, s. 3; 2014, c. 12, s. 86
Contribution limitsSubject to subsection 373(4), no individual shall make contributions that exceed$1,500 in total in any calendar year to a particular registered party;$1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;$1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and$1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.Increase to contribution limitsThe contribution limits set out in subsection (1) increase by $25 on January 1 in each year.Testamentary dispositionsA contribution may be made by way of a testamentary disposition if the contribution is made only in one calendar year and does not cause the contributor to exceed the relevant limit under subsection (1), taking into account any contributions that the contributor made before their death.Non-conforming testamentary dispositions read downA testamentary disposition that provides for a contribution that would cause the contributor to exceed the relevant limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the contributor to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one calendar year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those calendar years.Attribution of certain contributionsFor the purposes of subsection (1), a contribution to a person who presents themselves as seeking the endorsement of a particular registered party is to be treated as a contribution referred to in paragraph (1)(b) to a candidate of that party and a contribution to a person who presents themselves as seeking to be a candidate not endorsed by any registered party is to be treated as a contribution referred to in paragraph (1)(c).Exception — nomination contestant’s contributions to own campaignContributions that do not exceed $1,000 in total by a nomination contestant out of their own funds to their own campaign as a nomination contestant do not count towards the nomination contestant’s contributions for the purposes of paragraph (1)(b).Contributions — candidates and leadership contestantsSubject to subsection (7), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.Exception — certain contributions to own campaignThe following contributions are permitted:contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; andcontributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.For greater certainty, contributions made by a candidate under subsection (1) to a registered party or a registered association that later transfers funds to the candidate for the purpose of their campaign do not have the effect of reducing the amount that the candidate may contribute under this subsection.Contributions under subsection (1) not affectedContributions made under subsection (7) do not have the effect of reducing the amounts that the candidate or leadership contestant, as the case may be, may contribute under subsection (1) to other candidates or to other leadership contestants, as the case may be.2000, c. 9, s. 367; 2014, c. 12, ss. 86, 872018, c. 31, s. 240
Prohibition — circumventing limitsNo person or entity shallcircumvent, or attempt to circumvent, the prohibition under subsection 363(1) or 367(6) or a limit set out in subsection 367(1) or (7) or section 371; oract in collusion with another person or entity for that purpose.Prohibition — concealing source of contributionNo person or entity shallconceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; oract in collusion with another person or entity for that purpose.Prohibition — accepting excessive contributionsNo person who is permitted to accept contributions under this Act shall accept a contribution that exceeds a limit under this Act.Prohibited agreementsNo person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.2000, c. 9, s. 368; 2004, c. 24, s. 4; 2014, c. 12, s. 862018, c. 31, s. 241
[Repealed, 2014, c. 12, s. 86]
Prohibition — soliciting or accepting contributionNo person or entity shall solicit or accept a contribution on behalf of a registered party, a registered association or a candidate if the person or entity makes a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity other than the registered party or a candidate, a leadership contestant or an electoral district association.Prohibition — collusionNo person or entity shall act in collusion with another person or entity for the purpose of circumventing the prohibition under subsection (1).2000, c. 9, s. 369; 2004, c. 24, s. 5; 2014, c. 12, s. 86
Prohibition — making indirect contributionsNo individual shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.Exception — candidates and leadership contestantsDespite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 367(7) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.2000, c. 9, s. 370; 2004, c. 24, s. 5; 2014, c. 12, s. 86
Limit on cash contributionsNo individual shall, in respect of each contribution made under this Division, contribute cash in an amount that exceeds $20.2000, c. 9, s. 371; 2014, c. 12, s. 86
Return of contributionsIf a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or (6) or 368(4) or section 370 or 371, 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 contravention, 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.2000, c. 9, s. 372; 2003, c. 19, s. 8; 2014, c. 12, s. 862018, c. 31, s. 242
Loans, Guarantees and Suretyships
Ineligible lenders and guarantorsExcept as permitted under this section, no person or entity shallmake a loan to a registered party or a registered association;make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; orguarantee a loan referred to in paragraph (a) or (b).Ineligible borrowersExcept if the loan is permitted under this section, no registered agent of a registered party and no financial agent of a registered association shall borrow money on behalf of the party or association, and no official agent of a candidate and no financial agent of a nomination contestant or of a leadership contestant shall borrow money for the purposes of the candidate’s or contestant’s campaign.Exception — financial institutionsA financial institution as defined in section 2 of the Bank Act may in writing make a loan referred to in subsection (1) at a fair market rate of interest.Exception — individualsAn individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act may in writing make a loan referred to in subsection (1) or guarantee such a loan. However, the total of the following amounts shall not at any time exceed the individual’s relevant contribution limit set out in paragraphs 367(1)(a) to (d), subsection 367(5) and paragraphs 367(7)(a) and (b):the amounts of the individual’s contributions,the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made, andthe amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individual has ceased to be liable in the calendar year in which the guarantee was given.Exception — certain loansA loan may be made in writingby a registered party to a registered association of the party or a candidate endorsed by the party; orby a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party.Exception — certain guarantees and suretyshipsA registered party or registered association may in writing guarantee a loan made in writing to a party, association or candidate to which it itself is permitted to make a loan under subsection (5).2000, c. 9, s. 373; 2014, c. 12, s. 86
Prohibition — making indirect loansNo individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.2000, c. 9, s. 374; 2014, c. 12, s. 86
Expenses
Nomination campaign expensesA nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, includinga nomination contest expense;a litigation expense;travel and living expenses;a personal expense; andany fees of an auditor appointed under subsection 476.77(1) that have not been reimbursed by the Receiver General.Exclusions — administrative monetary penalties, etc.For greater certainty, none of the following is a nomination campaign expense:the amount of any administrative monetary penalty imposed under Part 19;any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; andany amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.2004, c. 24, s. 7; 2014, c. 12, s. 862018, c. 31, s. 243
Nomination contest expensesA nomination contest expense is any of the following:any cost incurred, or non-monetary contribution received, by a nomination contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a nomination contestant during a nomination contest; andany acceptance by a nomination contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a nomination contestant during a nomination contest.Exclusion — fundraisingExpenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not nomination contest expenses under subsection (1).InclusionsA nomination contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,the production of advertising or promotional material;the distribution, broadcast or publication of such material in any media or by any other means during the nomination contest, including by the use of a capital asset;the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;securing a meeting space or the supply of light refreshments at meetings;any product or service provided by a government, a Crown corporation or any other public agency; andthe conduct of surveys or research during a nomination contest.Definition of cost incurredIn this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.2018, c. 31, s. 243
Litigation expenses — nomination contestantsA litigation expense of a nomination contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.2018, c. 31, s. 243
Personal expenses — nomination contestantsA nomination contestant’s personal expenses includechildcare expenses;expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; andin the case of a contestant who has a disability, additional expenses that are related to the disability.Exclusions — travel and living expenses, etc.Neither litigation expenses nor travel and living expenses are personal expenses of a nomination contestant.2018, c. 31, s. 243
Electoral campaign expensesAn electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, includingan election expense;a litigation expense;travel and living expenses;an accessibility expense;a personal expense; andany fees of an auditor appointed under subsection 477.1(2) that have not been reimbursed by the Receiver General.Exclusions — administrative monetary penalties, etc.For greater certainty, none of the following is an electoral campaign expense:the amount of any administrative monetary penalty imposed under Part 19;any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; andany amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.2000, c. 9, s. 375; 2003, c. 19, s. 9; 2014, c. 12, s. 862018, c. 31, s. 244
Election expensesAn election expense is any of the following:any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a candidate during an election period; andany acceptance by a registered party or a candidate of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a candidate during an election period.Exclusions — certain fundraising and nominationsExpenses for a fundraising activity and expenses to directly promote the nomination of a person as a candidate or the selection of a person as leader of a registered party, other than expenses referred to in paragraphs (3)(a) and (b) that are related to such fundraising and promotional activities, are not election expenses under subsection (1).InclusionsAn election expense referred to in subsection (1) includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,the production of advertising or promotional material;the distribution, broadcast or publication of such material in any media or by any other means during the election period, including by the use of a capital asset;the payment of remuneration and expenses to or on behalf of a person for their services as an official agent or registered agent or in any other capacity;securing a meeting space or the supply of light refreshments at meetings;any product or service provided by a government, a Crown corporation or any other public agency; andthe conduct of election surveys or other surveys or research during an election period.Exclusion — accessibility expensesAn accessibility expense of a registered party or a candidate, as the case may be, is not an election expense of that party or candidate.Definition of cost incurredIn subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.2000, c. 9, s. 376; 2003, c. 19, s. 10; 2014, c. 12, s. 862018, c. 31, s. 245
Partisan advertising expensesA partisan advertising expense of a registered party or an electoral district association of a registered party, as the case may be, includes any of the following:any non-monetary contribution received by the party or association, to the extent that the property or service that was received as a non-monetary contribution is used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public; andany acceptance by the party or association of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public.2018, c. 31, s. 246
Contributions for ticketed fundraising functionsIf a fundraising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.CalculationFor the purpose of subsection (1), in calculating what a ticket bearer is entitled to obtain, to be included in the calculation isthe cost of any goods or services received by the ticket bearer personally, such as meals and promotional products; andtheir share of any general expenses incurred by the registered party, registered association, nomination contestant, candidate or leadership contestant, as the case may be, in holding the activity, such as expenses incurred for the rental of a meeting space or for any audiovisual equipment used.2000, c. 9, s. 377; 2003, c. 19, s. 11; 2004, c. 24, s. 8; 2014, c. 12, s. 862018, c. 31, s. 247
Litigation expenses — candidatesA litigation expense of a candidate is an expense of the candidate related to any of the following requests or applications, including an expense related to any appeal or judicial review arising from the request or the application:a request or an application made under Part 14;an application to a judge made under this Part; andan application to contest the election in the candidate’s electoral district.2018, c. 31, s. 248
Accessibility expensesAn accessibility expense of a registered party or a candidate, as the case may be, is any of the following:the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used solely to make accessible, to persons with a disability, materials used or activities held during an election period;the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, andthe amount equal to the value of the property or service if the materials or activities had not been accessible to persons with a disability;the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used solely to make accessible, to persons with a disability, materials used or activities held during an election period; andthe difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, andthe amount equal to the value of the goods or services if the materials or activities had not been accessible to persons with a disability.Exclusion — fundraising, etc.An amount referred to in subsection (1) that is related to a fundraising activity, to the nomination of a person as a candidate or to the selection of a person as leader of a registered party is not an accessibility expense.Definition of cost incurredIn subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.2018, c. 31, s. 248
Personal expenses — candidateA candidate’s personal expenses include[Repealed, 2018, c. 31, s. 249]childcare expenses;expenses relating to the provision of care for a person with a physical or mental incapacity for whom the candidate normally provides such care; andin the case of a candidate who has a disability, additional expenses that are related to the disability.Exclusions — travel and living expenses, etc.Neither litigation expenses nor travel and living expenses are personal expenses of a candidate.2000, c. 9, s. 378; 2004, c. 24, s. 9; 2014, c. 12, s. 862018, c. 31, s. 249
Categories of certain expenses and maximumsThe Chief Electoral Officer may establish, in respect of candidates, categories of personal expenses and of travel and living expenses and may fix maximum amounts of expenses that may be incurred in each category.2018, c. 31, s. 250
Costs related to candidate’s representativesAny expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) or 237.1(2) are deemed to be personal expenses of the candidate.2000, c. 9, s. 379; 2014, c. 12, s. 86
Leadership campaign expensesA leadership campaign expense of a leadership contestant is an expense reasonably incurred as an incidence of the leadership contest, includinga leadership contest expense;a litigation expense;travel and living expenses;a personal expense; andany fees of an auditor appointed under Division 6 of Part 18 that have not been reimbursed by the Receiver General.Exclusions — administrative monetary penalties, etc.For greater certainty, none of the following is a leadership campaign expense:the amount of any administrative monetary penalty imposed under Part 19;any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; andany amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.2018, c. 31, s. 251
Leadership contest expensesA leadership contest expense is any of the following:any cost incurred, or non-monetary contribution received, by a leadership contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a leadership contestant during a leadership contest; andany acceptance by a leadership contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a leadership contestant during a leadership contest.Exclusion — fundraisingExpenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not leadership contest expenses under subsection (1).InclusionsA leadership contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,the production of advertising or promotional material;the distribution, broadcast or publication of such material in any media or by any other means during the leadership contest, including by the use of a capital asset;the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;securing a meeting space or the supply of light refreshments at meetings;any product or service provided by a government, a Crown corporation or any other public agency; andthe conduct of surveys or research during a leadership contest.Definition of cost incurredIn this section, cost incurred means an expense that is incurred by a leadership contestant, whether it is paid or unpaid.2018, c. 31, s. 251
Litigation expenses — leadership contestantsA litigation expense of a leadership contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.2018, c. 31, s. 251
Personal expenses — leadership contestantsA leadership contestant’s personal expenses includechildcare expenses;expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; andin the case of a contestant who has a disability, additional expenses that are related to the disability.Exclusions — travel and living expenses, etc.Neither litigation expenses nor travel and living expenses are personal expenses of a leadership contestant.2018, c. 31, s. 251
Evidence of payment — $50 or moreIf an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person shall keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates setting out the nature of the expense together with proof that it was paid.Evidence of payment — under $50If an expense of less than $50 was incurred and paid as described in subsection (1), the person who made the payment shall keep a record of the nature of the expense together with proof that it was paid.2000, c. 9, s. 380; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
Petty expensesA person may pay a petty expense incurred for office supplies, postage, courier services and other incidental expenses under the written authorization ofa registered agent of a registered party, as an expense incurred on behalf of the registered party;an electoral district agent of a registered association, as an expense incurred on behalf of the association;the financial agent of a nomination contestant, as a nomination campaign expense;the official agent of a candidate, as an electoral campaign expense for the candidate; ora leadership campaign agent of a leadership contestant, as a leadership campaign expense.Authorized maximumThe written authorization referred to in subsection (1) shall specify a maximum amount for the total of petty expenses that the person is authorized to pay.Statement and evidence of paymentA person who is authorized to pay a petty expense shall provide the agent who authorized it with a statement of payments that the person made and the documentation referred to in section 380 within three months afterin the case of a petty expense incurred on behalf of a registered party, the day on which it is incurred;in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred;in the case of a petty expense incurred on behalf of a candidate, polling day; andin the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred.ProhibitionNo person who is authorized to pay petty expenses shall pay, in total, more than the maximum amount of petty expenses that they are authorized to pay.2000, c. 9, s. 381; 2004, c. 24, s. 11; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
Publication of electoral campaign returns and election expenses returnsThe Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the original election expenses returns of registered parties and electoral campaign returns of candidates and any corrected or revised versions of those returnsin the case of an original return, within one year after the issue of a writ for an election;in the case of a corrected or revised version of a return, as soon as feasible after he or she receives it; andin the case of a document referred to in subsection 477.59(10), (11), (12) or (15), or a corrected or revised version of such a document, as soon as feasible after he or she receives it.Publication of financial transactions returnsThe Chief Electoral Officer shall publish the following, as soon as feasible after receiving them, in the manner that he or she considers appropriate:the financial transactions returns of registered parties and registered associations, and any corrected or revised versions of those returns;the nomination campaign returns of nomination contestants, any document referred to in subsection 476.75(10), (11), (12) or (15), and any corrected or revised versions of those returns or documents; andthe leadership campaign returns of leadership contestants, any document referred to in subsection 478.8(10), (11), (12) or (15), any corrected or revised versions of those returns or documents, the returns in respect of contributions required under section 478.81, and any statements containing information with respect to contributions referred to in paragraph 478.3(2)(d).Summary of return on candidates’ election expensesAs soon as feasible after receiving an electoral campaign return, any document referred to in subsection 477.59(10), (11), (12) or (15) or any corrected or revised version of those returns or documents for each candidate in an electoral district, the Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a summary report that includes the maximum election expenses allowed for the electoral district and, for each candidate,the total election expenses;the total litigation expenses;the total travel and living expenses that are related to travel and sojourns during the election period;the total accessibility expenses;the total personal expenses;the number of contributors and the total amount of contributions received;the name of the official agent;the name of the auditor; andif applicable, an indication that the auditor’s report on a return was qualified.Publication of return of deregistered partiesAs soon as feasible after receiving a financial transactions return under subparagraph 420(a)(i) from a deregistered political party, the Chief Electoral Officer shall publish it in the manner that he or she considers appropriate.2000, c. 9, s. 382; 2003, c. 19, s. 12; 2004, c. 24, s. 14; 2014, c. 12, s. 862018, c. 31, s. 252
[Repealed, 2018, c. 31, s. 253]
Inflation Adjustment Factor
Inflation adjustment factorBefore 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 witha 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; anda 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
Regulated Fundraising EventsInterpretation
Definition of regulated fundraising eventIn this Division, regulated fundraising event means an eventthat is organized for the financial benefit ofa registered party that is represented in the House of Commons on the day the event occurs or, if Parliament is dissolved, on the date of dissolution, ora registered association, nomination contestant, candidate or leadership contestant of a registered party described in subparagraph (i); andthat is attended bya leader, interim leader or leadership contestant of the registered party for whose financial benefit the event is organized or the registered party described in subparagraph (a)(ii), or a minister of the Crown or minister of state who is a member of the registered party for whose financial benefit the event is organized or the registered party described in that subparagraph, andat least one person who, in order to attend it, is requiredto have made a contribution or contributions of a total amount of more than $200 to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a contribution or contributions, orto have paid more than $200, the amount including a contribution to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a payment.Exclusion — conventions and leadership contestant debatesDespite subsection (1), a regulated fundraising event does not include a convention, including a leadership convention, of a registered party referred to in subparagraph (1)(a)(i), or a leadership contestants’ debate.Inclusion — fundraising events that are part of conventionsDespite subsection (2), a regulated fundraising event includes an event that is part of a convention referred to in that subsection if the event is attended by at least one person who, in order to attend it, is requiredto make a contribution or contributions — in addition to any amount that they were required to pay to attend the convention — of a total amount of more than $200 to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a contribution or contributions; orto pay more than $200 — in addition to any amount that they were required to pay to attend the convention — to attend the event, the amount including a contribution to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants, or to any combination of them, or to be the guest of a person who has made such a payment.Exclusion — contributor appreciation eventsDespite subsection (3), a regulated fundraising event does not include any event that is part of a convention referred to in subsection (2) and that is organized to express appreciation for persons who have made a contribution to the registered party or any of its registered associations, nomination contestants, candidates or leadership contestants.2004, c. 24, s. 16; 2014, c. 12, s. 86; 2018, c. 20, s. 2
Publication and Report
Regulated fundraising event organized by registered partyIf 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 shall publish the information set out in subsection (2) in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.InformationThe information to be published under subsection (1) and provided under subsection (3) is the following:the date, time and location of the regulated fundraising event;the name of each entity or person referred to in paragraph 384.1(1)(a) for whose financial benefit the event is organized;the name of each person referred to in subparagraph 384.1(1)(b)(i) who will be attending the event;the total amount of contributions that a person will be required to have made, or the amount that they will be required to have paid, in order to attend the event; andthe contact information of an individual who may be contacted and from whom further information about the event may be obtained.Regulated fundraising event not organized by registered partyIf 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 provide the information set out in subsection (2) to the registered party in time for the registered party to be able to publish the information as required under subsection (4).Registered party to publish informationIf at least one person or entity referred to in subsection (3) complies with the obligation under that subsection — to provide information to the registered party in time for the registered party to be able to publish it — the registered party shall publish that information in a prominent location on its Internet site for the period beginning five days before the day the regulated fundraising event takes place and ending at the time the event starts.Registered party to notify Chief Electoral OfficerIf a registered party is required to publish information under subsection (1) or (4), it shall also notify the Chief Electoral Officer of the regulated fundraising event no later than five days before the day the event takes place.Updating published informationIf a registered party referred to in subsection (1) or (4) becomes aware, after publishing information under this section, of any change to that information, the registered party shall replace the old information on its Internet site with the new information as soon as feasible after becoming aware of the change.Updating information providedIf a person or entity referred to in subsection (3) becomes aware, after providing information to a registered party under this section, 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.Updating published informationIf new information is provided to a registered party under subsection (6), the registered party shall replace the old information on its Internet site with the new information as soon as feasible after being provided with it.Exception — election periodSubsections (1) to (7) do not apply in respect of a regulated fundraising event that takes place during the election period of a general election.2018, c. 20, s. 2
Report on regulated fundraising event organized by registered partyIf 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.Contents of reportSubject to subsection (3), the report referred to in subsection (1) shall set out the following:the date, time and location of the regulated fundraising event;the name of each entity or person referred to in paragraph 384.1(1)(a) for whose financial benefit the event was organized;the name of each person referred to in subparagraph 384.1(1)(b)(i) who attended the event;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;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; andthe name of each person or entity that organized the event or any part of it.Information not to be included in reportThe 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:any person who was under 18 years of age on the day on which the event took place;any person who attended the event solely to assist a person with a disability;any person who attended the event solely because they were employed in the organization of the event;any of the following persons who attended the event solely in the course of their employment:an employee or other representative of any media organization, as well as any freelance journalist, anda member of the support staff, including security staff, of any person referred to in subparagraph 384.1(1)(b)(i) who attended the event; andany person who attended the event solely in order to provide volunteer labour.Regulated fundraising event not organized by registered partyIf 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).Updating information providedIf 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.Information not to be providedNo 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.Report on regulated fundraising eventIf 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.Period for providing reportThe 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.Exception — election periodSubsections (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.Election periodA 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 andall 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; orin 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).Period for providing reportThe 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.Regulated fundraising event not organized by registered partyIf 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).Updating information providedIf 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.Information not to be providedNo 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.Contents of reportSubject 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).Information not to be included in reportThe 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.Publication of reportsThe 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.2018, c. 20, s. 2
Contributions
Return of contributionsIf 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.2018, c. 20, s. 2
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral OfficerThe 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.2018, c. 20, s. 2
Extensions — Chief Electoral OfficerThe 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.DeadlineThe 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.2018, c. 20, s. 2
Corrections or revisions — Chief Electoral OfficerThe 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.Application made without delayThe application shall be made immediately after the applicant becomes aware of the need for correction or revision.Deadline for corrections or revisionsThe 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).New deadlineThe 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.Extension of new deadlineThe 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.2018, c. 20, s. 2
Extensions, corrections or revisions — judgeThe 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 orderauthorizing an extension referred to in subsection 384.6(1); orauthorizing 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.DeadlineThe application may be madeunder paragraph (1)(a), within two weeks after, as the case may be,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,the rejection of an application for an extension made in accordance with section 384.6, orthe end of the extended period referred to in subsection 384.6(1); orunder paragraph (1)(b), within two weeks after the rejection of an application for a correction or revision made in accordance with section 384.7.Grounds — extensionThe 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.Grounds — corrections or revisionsThe 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.Contents of orderThe order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.2018, c. 20, s. 2
Political PartiesDefinition
Definition of personal informationIn this Division, personal information means information about an identifiable individual.2026, c. 2, s. 43
Registration of Political PartiesApplication for Registration
Application for registrationThe leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.Contents of applicationThe application for registration shall includethe political party’s full name;the party’s short-form name, or its abbreviation, if any, that is to be shown in election documents;the party’s logo, if any;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;the address of the party’s office where records are maintained and to which communications may be addressed;the names and addresses of the party’s officers and their signed consent to act in that capacity;the name and address of the party’s auditor and their signed consent to act in that capacity;the name and address of the party’s chief agent and their signed consent to act in that capacity;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;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;the party’s policy for the protection of personal information, includinga statement indicating the types of personal information that the party collects and how it collects that information,a statement indicating how the party protects personal information under its control,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,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,a statement indicating the party’s practices concerningthe collection and use of personal information created from online activity, andits use of cookies, andthe name and contact information of a person to whom concerns regarding the party’s policy for the protection of personal information can be addressed; andthe 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).Short-form nameThe Chief Electoral Officer may establish a maximum length for a political party’s short-form name that is to be shown in election documents.Additional informationTo 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).Publication of policy for the protection of personal informationA 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.2000, c. 9, s. 385; 2003, c. 19, s. 13; 2004, c. 24, s. 16; 2014, c. 12, s. 862018, c. 31, s. 254
[Repealed, 2026, c. 2, s. 44]
[Repealed, 2026, c. 2, s. 45]
Withdrawal of applicationA 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
Eligibility for registrationA political party whose leader has made an application under subsection 385(1) becomes eligible for registration ifits name, short-form name, abbreviation or logo does notso 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, orinclude 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;the party has at least three officers in addition to its leader and has appointed a chief agent and an auditor; andthe 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
Preservation of nameIn the period of 30 days after the deregistration of a political party,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; andif 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
Notification of eligibilityThe 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.Loss of eligibilityA political party whose leader has been informed under subsection (1) that it is eligible loses its eligibility ifit contravenes any of section 391, subsection 395(1), sections 399 to 402, subsections 405(1), (3) and (4) and 406(1) and section 407;one of its officers is not eligible under subsection 395(2) and the party has not complied with subsections 395(3) and (4);its chief agent is not eligible under section 397 and the party has not complied with section 400; orits 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]
RegistrationAn 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.Late applicationAn 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.NotificationThe Chief Electoral Officer shall, as soon as feasible after the end of the 48-hour period following the close of nominations,inform the leader of an eligible party that meets the requirements of subsection (1) that the party has been registered; andin 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.Loss of eligibilityAn 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.Eligible party deemed registeredFor 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.Eligible party deemed registeredFor the purposes of section 429.1 and — despite subsection (5) — sections 363 and 367, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the first day of the pre-election period — if any — before the election period of the election referred to in that subsection.2000, c. 9, s. 390; 2003, c. 19, s. 19; 2014, c. 12, s. 862018, c. 31, s. 256
Report on agents of eligible partiesAn eligible party shall, within 30 days after being informed under subsection 389(1) that it is eligible, provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, containing the name and address of any person appointed as its registered agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall, on the registration of the eligible party, register that information in the registry of political parties.2000, c. 9, s. 391; 2003, c. 19, s. 19; 2014, c. 12, s. 86
Statement of assets and liabilitiesWithin six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer witha statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration;a report on that statement made by the registered party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it is based; anda declaration in the prescribed form by the registered party’s chief agent that the statement is complete and accurate.2000, c. 9, s. 392; 2003, c. 19, s. 20; 2014, c. 12, s. 86
Annual fiscal periodThe fiscal period of a registered party is the calendar year.Adjustment of fiscal periodWithout delay after becoming registered, a political party shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.2000, c. 9, s. 393; 2014, c. 12, s. 86
Registry of political partiesThe Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h), (k) and (l) and subsections 396(2) and 418(2).2000, c. 9, s. 394; 2014, c. 12, s. 862018, c. 31, s. 257
Officers, Registered Agents, Auditors and Members
Minimum number of officersSubject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party.Eligibility — officerOnly a person who is an elector and whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party.Appointment of replacementIn the event of the death, incapacity, resignation or ineligibility of an officer of a registered party or eligible party, or the revocation of the appointment of one, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days.Report of appointmentWithin 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).2000, c. 9, s. 395; 2014, c. 12, s. 86
Registered agentsA registered party may appoint persons to act as its registered agents, subject to any terms and conditions that the appointment specifies.Report of appointmentWithin 30 days after the day on which a registered agent is appointed, the registered party shall provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, that includes the registered agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of political parties.2000, c. 9, s. 396; 2014, c. 12, s. 86
Agents — corporationsA corporation incorporated under the laws of Canada or a province is eligible to bea chief agent or a registered agent of a registered party; ora chief agent or an agent of an eligible party.Agents — ineligibilityThe following persons are ineligible to be a chief agent, a registered agent or an agent:an election officer or a member of the staff of a returning officer;a candidate;an auditor appointed as required by this Act;subject to subsection (1), a person who is not an elector;an undischarged bankrupt; anda person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.2000, c. 9, s. 397; 2014, c. 12, s. 86
Auditor — eligibilityOnly the following are eligible to be an auditor for a registered party or an eligible party:a person who is a member in good standing of a corporation, association or institute of professional accountants; ora partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.Auditor — ineligibilityThe following persons are ineligible to be an auditor:an election officer or a member of the staff of a returning officer;a candidate or their official agent;an officer of a registered party or an eligible party;a chief agent of a registered party or an eligible party;a registered agent of a registered party;an electoral district agent of a registered association;a nomination contestant or their financial agent;a leadership contestant or their leadership campaign agent; anda financial agent of a registered third party.2000, c. 9, s. 398; 2014, c. 12, s. 86
ConsentA registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act in that capacity.2000, c. 9, s. 399; 2014, c. 12, s. 86
Replacement of chief agent or auditorIn the event of the death, incapacity, resignation or ineligibility of its chief agent or auditor, or the revocation of the appointment of one, a registered party or eligible party shall without delay appoint a replacement.Report of appointmentWithin 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).2000, c. 9, s. 400; 2014, c. 12, s. 86
Only one chief agent and auditorA registered party or eligible party shall have no more than one chief agent and one auditor at a time.2000, c. 9, s. 401; 2014, c. 12, s. 86
Minimum number of membersA registered party and an eligible party shall have at least 250 members who are electors.2000, c. 9, s. 402; 2003, c. 19, s. 22; 2014, c. 12, s. 86
Prohibition — officerNo person who is ineligible to be an officer of a registered party or an eligible party shall act in that capacity.Prohibition — agentNo person who is ineligible to be a chief agent or registered agent of a registered party or an eligible party shall act in that capacity.Prohibition — auditorNo person who is ineligible to be an auditor of a registered party or an eligible party shall act in that capacity.2000, c. 9, s. 403; 2001, c. 21, s. 21; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
Prohibition — fundamental purposeSubject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party ifthey know that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election; andthe party has not made an application for deregistration under section 414.ExceptionA person referred to in subsection (1) may sign an application for deregistration under section 414.2000, c. 9, s. 404; 2001, c. 27, s. 214; 2003, c. 19, s. 24; 2014, c. 12, s. 86
[Repealed, 2006, c. 9, s. 43]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
Changes in Information Concerning Parties
Changes in informationWithin 30 days after the day on which there is a change in the information in respect of a registered party or an eligible party in the registry of political parties, the party shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the leader of the party.New name, abbreviation or logoThe report of a change in the information referred to in paragraphs 385(2)(a) to (c) shall include a copy of the resolution of the party to make the change. If the changed information complies with subparagraph 387(a)(i) or (ii), the change is deemed to be effective as ofthe day after polling day, in the case of a report made during an election period; orthe day on which the report was made, in any other case.New leaderThe report of a change of leader for a party shall include a copy of the resolution of the party to appoint the new leader, certified by the new leader and another officer of the party.New officer, chief agent or auditorIf the report involves the replacement of an officer, the chief agent or the auditor, it shall include a copy of the signed consent referred to in section 399.Registration of changeThe Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of political parties.Entry in registry of electoral district associationsThe Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations.2000, c. 9, s. 405; 2003, c. 19, s. 25; 2006, c. 9, s. 46; 2014, c. 12, ss. 80, 86
Publication of changes to policy for the protection of personal informationAs soon as feasible after reporting a change in its policy for the protection of personal information to the Chief Electoral Officer in writing under subsection 405(1), a registered party or an eligible party shall publish on its Internet site the updated version of the policy, incorporating the change set out in the report.2003, c. 19, s. 25; 2006, c. 9, s. 47; 2014, c. 12, ss. 81, 862018, c. 31, s. 258
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
Confirmation of information at general electionA registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, provide the Chief Electoral Officer witha statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; orif there is a change in that information, the report of the change made under subsection 405(1).Endorsement of candidatesA registered party and an eligible party shall include with the statement or report referred to in subsection (1) a statement certified by its chief agent that sets out the names of the person or persons who are authorized by the party to endorse prospective candidates at a general election.2000, c. 9, s. 406; 2014, c. 12, s. 86; 2015, c. 37, s. 6
Confirmation of registration yearlyOn or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer witha statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties;if there is a change in that information, the report of the change made under subsection 405(1); anda statement certified by its privacy officer that the party complies with its policy for the protection of personal information.Confirmation of membersOn or before June 30 of every third year, beginning in 2016, a registered party and an eligible party shall provide the Chief Electoral Officer with the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party.Declaration of leaderOn or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with a declaration in the prescribed form by the leader that, having considered all of the factors relevant to determining the party’s purposes — including those described in subsection 521.1(5) — one of the party’s fundamental purposes is as described in paragraph 385(2)(j).2000, c. 9, s. 407; 2003, c. 19, s. 26; 2014, c. 12, s. 862026, c. 2, s. 46
Prohibition — false or misleading information (leader)No leader of a political party shall provide the Chief Electoral Officer with information under section 385 that the leader knows is false or misleading.Prohibition — false or misleading information (party)No registered party and no eligible party shall provide the Chief Electoral Officer with information under any of sections 405 to 407 that it knows is false or misleading.Prohibition — certification by leaderNo leader of a registered party or of an eligible party shall certify, under any of sections 405 to 407, a report or statement that they know contains false or misleading information.Prohibition — leader’s declarationNo leader of a political party shall make a declaration referred to in section 385, 405 or 407 that they know is false or misleading.Prohibition — false or misleading declarationNo person shall make a declaration referred to in paragraph 385(2)(i) or subsection 407(2) that they know is false or misleading.2000, c. 9, s. 408; 2003, c. 19, s. 27; 2014, c. 12, s. 862018, c. 31, s. 259
Deregistration of Registered Parties
Deregistration — no candidatesThe Chief Electoral Officer shall, effective on the expiry in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election.2000, c. 9, s. 409; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
Deregistration — officers or membersIf the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 395(1) or section 402, he or she shall, in writing, notify the party that it is required toshow its compliance with subsection 395(1) within 60 days after the day on which the party receives the notice; orshow its compliance with section 402 within 90 days after the day on which the party receives the notice.ExtensionIf the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 395(1) or section 402 within the time set out in the notice, he or she may, in writing, notify the party that it has another period of up to 60 or 90 days, as the case may be, in which to comply.DeregistrationThe Chief Electoral Officer shall deregister a registered party if it fails to comply with a notice under subsection (1) or (2), as the case may be.2000, c. 9, s. 410; 2003, c. 19, s. 28; 2014, c. 12, s. 86
Notice of deregistrationThe Chief Electoral Officer shall give notice of a deregistration under section 409 or 410 to the registered party and its chief agent and of the resulting deregistration under section 417 to the registered associations and their financial agents.2000, c. 9, s. 411; 2003, c. 19, s. 29; 2014, c. 12, s. 86
Deregistration — failure to provide documentsThe Chief Electoral Officer may deregister a registered party if the party fails to provideany of the documents referred to in section 392;a report under subsection 396(2) concerning the appointment of a registered agent;any of the documents referred to in subsection 400(2) or 405(1) or (4) with respect to a replacement of its auditor or chief agent;either of the documents referred to in subsections 405(1) and (3) with respect to a change of its leader;a report in accordance with subsection 405(2) of a change in the registered information on its name, short-form name, abbreviation or logo mentioned in paragraphs 385(2)(a) to (c);a report under subsection 405(1) concerning a change in any other registered information;confirmation under subsection 406(1) or section 407 of the validity of the registered information;a report that is required to be filed under subsection 476.1(1) by the registered party; ora statement that is required under subsection 478.1(1) or (2).Deregistration — failure to publish updated policy for the protection of personal informationThe Chief Electoral Officer may deregister a registered party if the party fails to publish an updated version of its policy for the protection of personal information on its Internet site in accordance with section 405.1.Deregistration — failure to continue to have policy for the protection of personal informationThe Chief Electoral Officer may deregister a registered party if the party fails to continue to have a policy for the protection of personal information referred to in paragraph 385(2)(k).2000, c. 9, s. 412; 2003, c. 19, s. 30; 2014, c. 12, s. 862018, c. 31, s. 260
Deregistration — failure to file return and auditor’s reportThe Chief Electoral Officer may deregister a registered party if its chief agent failsto provide him or her with a document for a fiscal year in accordance with subsection 432(1); orto provide him or her with a document for a general election in accordance with subsection 437(1).2000, c. 9, s. 413; 2014, c. 12, s. 86
Voluntary deregistrationOn application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the party, the Chief Electoral Officer may deregister the party.2000, c. 9, s. 414; 2014, c. 12, s. 86
Procedure for non-voluntary deregistrationIf the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to perform any obligation referred to in section 412 or 413, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of political parties that the party or officer mustrectify the omission by the discharge of that obligation,within 5 days after receipt of the notice, in the case of a failure to comply with subsection 406(1), orwithin 30 days after receipt of the notice, in any other case; orsatisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.Extension or exemptionIf paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice byexempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 412 or 413; orspecifying a period for compliance with the obligations referred to in subparagraph (1)(a)(i) or (ii), as the case may be.DeregistrationThe Chief Electoral Officer may deregister a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).2000, c. 9, s. 415; 2014, c. 12, s. 86
Notice of deregistrationIf the Chief Electoral Officer proposes to deregister a registered party under section 414 or subsection 415(3), he or she shall, in writing, so notify the party and its registered associations.Date of deregistrationThe notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.Proof of serviceThe notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.2000, c. 9, s. 416; 2003, c. 19, s. 31; 2014, c. 12, s. 86
Effect of deregistration of registered partyIf a registered party is deregistered, its registered associations are also deregistered.2000, c. 9, s. 417; 2014, c. 12, s. 86
Notice of deregistrationThe Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette.Entry of deregistration in registry of political partiesThe Chief Electoral Officer shall indicate the deregistration of the party in the registry of political parties.2000, c. 9, s. 418; 2014, c. 12, s. 86
Continuation of registered status for limited purposeA registered party that is deregistered continues to have the obligations of a registered party for the purpose of section 420.2000, c. 9, s. 419; 2014, c. 12, s. 86
Fiscal period and returnsThe chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer withthe documents referred to in subsection 432(1) forthe portion of its current fiscal period ending on the day of its deregistration, andany earlier fiscal period for which those documents have not already been provided under that subsection; andthe documents referred to in subsection 437(1), for any general election for which those documents have not already been provided under that subsection.2000, c. 9, s. 420; 2014, c. 12, s. 86
Merger of Registered Parties
Application for mergerTwo or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a merged registered party.ContentsAn application to merge two or more registered parties shallbe certified by the leaders of the merging parties;be accompanied by a resolution from each of the merging parties approving the proposed merger; andcontain the information required from a political party to become a registered party, except for the information referred to in paragraph 385(2)(i).2000, c. 9, s. 421; 2014, c. 12, s. 86
Registration for eligible merged partiesThe Chief Electoral Officer shall amend the registry of political parties by replacing the names of the merging parties with the name of the merged party ifthe application for the merger was not made in the period referred to in subsection 421(1); andhe or she is satisfied thatthe merged party is eligible for registration under this Act, andthe merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.NoticeThe Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of political parties is to be amended under subsection (1).Notice in Canada GazetteIf the Chief Electoral Officer amends the registry of political parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party.2000, c. 9, s. 422; 2003, c. 19, s. 32; 2014, c. 12, s. 86
Effective date of mergerA merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of political parties under subsection 422(1).Consequences of mergerOn the merger of two or more registered parties,the merged party is the successor of each merging party;the merged party becomes a registered party;the assets of each merging party are transferred to the merged party;the merged party is responsible for the liabilities of each merging party;the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; andany decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.Effect of merger on registered associationsOn the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 447(c), may transfer goods or funds to the merged party or a registered association of the merged party in the six months immediately after the merger. Any such transfer is not a contribution for the purposes of this Act.2000, c. 9, s. 423; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
ReturnsWithin six months after a mergereach of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 432(1) forthe portion of its current fiscal period that ends on the day before the day on which the merger takes effect, andany earlier fiscal period for which those documents have not been provided; andthe merged party shall provide the Chief Electoral Officer witha statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,a report on that statement made by the merged party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, anda declaration in the prescribed form by the chief agent of the merged party that the statement is complete and accurate.2000, c. 9, s. 424; 2003, c. 19, s. 34; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
Financial Administration of Registered PartiesGeneral
Duty of chief agentThe chief agent of a registered party is responsible for administering its financial transactions and for reporting on them in accordance with this Act.2000, c. 9, s. 425; 2003, c. 19, s. 35; 2006, c. 9, s. 50; 2014, c. 12, s. 86
Prohibition — paying expensesNo person or entity, other than a registered agent of a registered party or a person authorized under subsection 381(1), shall pay the registered party’s expenses.Prohibition — incurring expensesSubject to section 348.02, no person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.Expenses incurred by registered agent other than chief agentDespite subsection (2), a registered agent — other than the chief agent — of a registered party shall, before incurring the party’s expenses, obtain the written authorization of the chief agent to incur those expenses, and shall incur them only in accordance with that authorization.Prohibition — accepting contributions, borrowingNo person or entity, other than a registered agent of a registered party, shall accept contributions to the registered party or borrow money on its behalf.Prohibition — accepting or providing goods, services or fundsNo person or entity, other than a registered agent of a registered party, shall, on behalf of the registered party,accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; orprovide goods or services, or transfer funds, if the provision or transfer is permitted under that section.2000, c. 9, s. 426; 2003, c. 19, s. 36; 2014, c. 12, ss. 86, 1552018, c. 31, s. 261
Recovery of Claims for Debts
Claim for paymentA person who has a claim to be paid for a debt of a registered party shall send the invoice or other document evidencing the claim to the registered party or one of its registered agents.2000, c. 9, s. 427; 2014, c. 12, s. 86
Payment within three yearsIf a claim for an expense is evidenced by an invoice or other document that has been sent under section 427, the claim shall be paid within three years after the day on which payment of it is due.2000, c. 9, s. 428; 2014, c. 12, s. 86
Proceedings to recover paymentA person who has sent an invoice or other document evidencing a claim under section 427 may commence proceedings in a court of competent jurisdiction to recover any unpaid amountat any time, if the registered agent refuses to pay that amount or disputes that it is payable; orafter the end of the period referred to in section 428, in any other case.2000, c. 9, s. 429; 2014, c. 12, s. 86
Maximum Partisan Advertising Expenses
Maximum partisan advertising expensesThe maximum amount that is allowed for partisan advertising expenses of a registered party for a pre-election period is $1,400,000.Inflation adjustment factorThe amount referred to in subsection (1) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.2018, c. 31, s. 262
Prohibition — partisan advertising expenses more than maximum amountNo chief agent of a registered party shall incur partisan advertising expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 429.1.Prohibition — circumventing maximum amountNo registered party shall circumvent, or attempt to circumvent, that maximum amount in any manner, including by acting in collusion with a potential candidate for the purpose of his or her engaging in partisan advertising so that the combined total of the following exceeds the maximum amount:the potential candidate’s partisan advertising expenses that relate to the partisan advertising engaged in in collusion with the party; andthe party’s partisan advertising expenses.Prohibition — collusion by third partyNo third party, within the meaning of paragraph (a.1) of the definition third party in section 349, shall act in collusion with a registered party for the purpose of the registered party’s circumventing that maximum amount.2018, c. 31, s. 262
Message to be authorizedA registered party, or a person acting on its behalf, 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 party’s registered agents.2018, c. 31, s. 262
Maximum Election Expenses
Maximum election expensesThe maximum amount that is allowed for election expenses of a registered party for an election is the product of$0.735 multiplied by the number of names on the preliminary lists of electors for electoral districts in which the registered party has endorsed a candidate or by the number of names on the revised lists of electors for those electoral districts, whichever is greater, andthe inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election.Maximum expenses: postponement of polling dayIf the Governor in Council orders the postponement of an election under subsection 59(4) for one or more electoral districts, along with the corresponding extension of the election period, then the maximum amount calculated under subsection (1) for a registered party that has endorsed a candidate in that or any of those electoral districts is increased by adding to it the product of$0.735 multiplied by the number of names on the preliminary list of electors in the electoral districts governed by the order in which the party has endorsed a candidate, or the number of names on the revised list of electors in those electoral districts, whichever is greater, and divided by the number of days in the election period before it was extended;the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election; andthe number of days by which the election period is extended.Amounts not included in election expensesFor the purpose of subsections (1) and (2), an election expense of a registered party does not includea transfer made by or on behalf of it to candidates in the election; oran expense incurred by it through a registered agent, or person authorized under subsection 381(1), who was not acting within the scope of the registered agent’s authority.2000, c. 9, s. 430; 2003, c. 19, s. 38; 2014, c. 12, s. 862018, c. 31, s. 263
Prohibition — election expenses more than maximumNo chief agent of a registered party shall incur election expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 430.Prohibition — collusionNo registered party and no third party, within the meaning of paragraph (b) of the definition third party in section 349, shall act in collusion with each other for the purpose of the registered party’s circumventing the maximum amount referred to in subsection (1).2000, c. 9, s. 431; 2014, c. 12, s. 862018, c. 31, s. 264
Financial Reporting
Financial transactions returnFor each fiscal period of a registered party, its chief agent shall provide the Chief Electoral Officer witha financial transactions return, in the prescribed form, on the registered party’s financial transactions;the auditor’s report on the return made under subsection 435(1); anda declaration in the prescribed form by the chief agent that the return is complete and accurate.Contents of returnA financial transactions return shall set outthe total amount of contributions received by the registered party;the number of contributors;the name and address of each contributor who made contributions of a total amount of more than $200 to the registered party, that total amount, as well as the amount of each of those contributions and the date on which the party received it;the name and address of each contributor who has made a contribution to the registered party that includes a directed contribution as defined in subsection 365(2), the amount of the contribution, the amount of the directed contribution and the date on which the party received it;a statement of the registered party’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement ofclaims that are the subject of proceedings under section 429, andunpaid claims, including those resulting from loans made to the registered party under section 373;a statement of the registered party’s revenues and expenses in accordance with generally accepted accounting principles;a statement, for each electoral district, of the commercial value of goods or services provided and of funds transferred by the registered party to a candidate or the electoral district association;a statement of each amount transferred to a leadership contestant out of a directed contribution as defined in subsection 365(2), the information referred to in paragraph (d) with respect to the contributor and the name of the leadership contestant to whom the amount has been transferred;a statement of the commercial value of goods or services provided and of funds transferred to the registered party from any of its registered associations, a nomination contestant, a candidate or a leadership contestant;a return for election expenses incurred for each by-election during the fiscal period that sets outas an election expense, each ofthe expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, andthe non-monetary contributions used by the registered party as an election expense, andthe accessibility expenses incurred by the registered party;a statement of the terms and conditions of each loan made to the registered party under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed; anda statement of contributions received by the registered party but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.ReportIf there is any amendment to the information in a statement referred to in paragraph (2)(k), including with respect to the giving of a guarantee or suretyship, then the registered party’s chief agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.PublicationThe Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(k) and any report provided under subsection (3) as soon as feasible after receiving the information or report.Period for providing documentsThe documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within six months after the end of the fiscal period.Statement of unpaid claimsThe statement of unpaid claims referred to in subparagraph (2)(e)(ii) shall include information indicatingeach unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; andeach claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.Unpaid claims — 18 months or moreThe statement shall include the following information concerning claims referred to in paragraph (6)(b):whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;whether the claim is the subject of proceedings under section 429;whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; andany other relevant information that could help explain why the amount is unpaid.2000, c. 9, s. 432; 2014, c. 12, s. 862018, c. 31, s. 265
Quarterly returnsIf a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall, for each quarter — in respect of a fiscal period of the registered party — that follows that general election, beginning with the quarter that immediately follows that general election and ending with the quarter in which polling day at the next general election is held, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).Period for providing returnA quarterly return shall be provided within 30 days after the end of the period to which it relates.2000, c. 9, s. 433; 2014, c. 12, s. 862018, c. 31, s. 266
When contributions forwarded to Receiver GeneralIf the name of the contributor of a contribution of more than $20 to a registered party, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered party, is not known, one of the registered party’s registered agents shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.2000, c. 9, s. 434; 2014, c. 12, s. 86
Auditor’s reportA registered party’s auditor shall report to the party’s chief agent on the party’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 the return is based.StatementThe auditor shall include in the report any statement that the auditor considers necessary ifthe financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;the auditor has not received all of the information and explanations that the auditor required; orbased on the examination, it appears that the registered party has not kept proper financial records.Right of accessThe auditor shall have access at any reasonable time to all of the party’s documents, and may require the party’s registered agents and officers to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.2000, c. 9, s. 435; 2003, c. 19, s. 39; 2014, c. 12, ss. 84, 86
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
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[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
Prohibition — false, misleading or incomplete documentNo chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 432(1)(a) thatthe chief agent knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under subsection 432(2) or, in the case of a statement of unpaid claims referred to in subparagraph 432(2)(e)(ii), does not substantially set out information required under subsection 432(6) or (7).2000, c. 9, s. 436; 2014, c. 12, s. 86
Reporting on Expenses
Election expenses returnFor a general election, the chief agent of a registered party shall provide the Chief Electoral Officer withan election expenses return in the prescribed form;the auditor’s report referred to in subsection 438(1) on that return; anda declaration in the prescribed form by the chief agent that the return is complete and accurate.Contents of returnAn election expenses return shall set outas an election expense, each ofthe expenses incurred by the registered party — other than accessibility expenses — whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, andthe non-monetary contributions used by the registered party as an election expense;the accessibility expenses incurred by the registered party; andin the case of a general election held on a day set in accordance with subsection 56.1(2) or section 56.2, the partisan advertising expenses incurred by the registered party in relation to partisan advertising messages transmitted during the pre-election period.Period for providing documentsThe registered party’s chief agent shall provide the Chief Electoral Officer with the documents referred to in subsection (1) within eight months after the polling day for the general election.2000, c. 9, s. 437; 2003, c. 19, s. 41; 2014, c. 12, s. 862018, c. 31, s. 268
Auditor’s reportAs soon as feasible after a general election, a registered party’s auditor shall report to its chief agent on its return on general election expenses 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 the return is based and the registered party and the chief agent have complied with the requirements of Division 1 of this Part and this Division.StatementThe auditor shall include in the report under subsection (1) any statement that the auditor considers necessary ifthe return that is the subject of the report does not present fairly the information contained in the financial records on which the return is based;the auditor has not received all of the information and explanations that the auditor required;based on the examination, it appears that the registered party has not kept proper financial records; orbased on the examination, it appears that the registered party and the chief agent have not complied with the requirements of Division 1 of this Part and this Division.Right of accessThe auditor for a registered party shall have access at any reasonable time to all of the party’s documents, and may require the party’s registered agents and officers to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.2000, c. 9, s. 438; 2003, c. 19, s. 42; 2014, c. 12, s. 86
Prohibition — false, misleading or incomplete documentNo chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 437(1)(a) thatthe chief agent knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under subsection 437(2).2000, c. 9, s. 439; 2014, c. 12, s. 86
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral OfficerThe Chief Electoral Officer may correct a document referred to in subsection 432(1) or 437(1) if the correction does not materially affect its substance.Corrections or revisions at request of Chief Electoral OfficerThe Chief Electoral Officer may in writing request a registered party’s chief agent to correct or revise, within a specified period, a document referred to in subsection 432(1) or 437(1).Deadline for correction or revisionIf the Chief Electoral Officer requests a correction or revision, the registered party’s chief agent shall provide him or her with the corrected or revised version of the document within the specified period.2000, c. 9, s. 440; 2014, c. 12, s. 86
Extensions — Chief Electoral OfficerThe 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 a period referred to in subsection 432(5) or 437(3) unless he or she is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.DeadlineThe application may be made within the period referred to in subsection 432(5) or 437(3) or within two weeks after the end of that period.2000, c. 9, s. 441; 2001, c. 21, s. 22; 2014, c. 12, s. 86
Corrections or revisions — Chief Electoral OfficerThe 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 document referred to in subsection 432(1) or 437(1) 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.Application made without delayThe application shall be made immediately after the applicant becomes aware of the need for correction or revision.Deadline for corrections or revisionsThe applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document 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).New deadlineThe 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 document was deliberate or was the result of the applicant’s failure to exercise due diligence.Extension of new deadlineThe 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 document was deliberate or was the result of the applicant’s failure to exercise due diligence.2000, c. 9, s. 442; 2007, c. 21, s. 34; 2014, c. 12, s. 86
Extensions, corrections or revisions — judgeThe 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 orderrelieving the chief agent from the obligation to comply with a request referred to in subsection 440(2);authorizing an extension referred to in subsection 441(1); orauthorizing a correction or revision referred to in subsection 442(1).The applicant shall notify the Chief Electoral Officer that the application has been made.DeadlineThe application may be madeunder paragraph (1)(a), within the specified period referred to in subsection 440(2) or within the two weeks after the end of that period;under paragraph (1)(b), within two weeks after, as the case may be,if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 441(2), the end of the two-week period referred to in that subsection,the rejection of an application for an extension made in accordance with section 441, orthe end of the extended period referred to in subsection 441(1); orunder paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 442.Grounds — relief from complianceThe judge shall grant an order relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.Grounds — extensionThe judge shall grant an order authorizing an extension unless the judge is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.Grounds — corrections or revisionsThe 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.Contents of orderThe order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.2000, c. 9, s. 443; 2014, c. 12, s. 86
Reimbursement of Election Expenses and Accessibility Expenses
CertificateOn receipt from a registered party of the documents referred to in subsection 437(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is the sum of 50% of the registered party’s election expenses, as set out in the return for its general election expenses, that were paid by its registered agents and 90% — to a maximum of $250,000 — of the registered party’s accessibility expenses, as set out in that return, that were paid by its registered agents, ifthe Chief Electoral Officer is satisfied — even despite any statement that the registered party’s auditor has included under paragraph 438(2)(d) in a report under subsection 438(1) — that the registered party and its chief agent have complied with the requirements of sections 437 to 443;the auditor’s report does not include a statement referred to in any of paragraphs 438(2)(a) to (c); andcandidates endorsed by the registered party received at least2% of the number of valid votes cast at the election, or5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.Reduction of reimbursementIf the election expenses, as set out in the election expenses return, exceed the maximum amount that is allowed under section 430, the amount that is provided for in subsection (1) is reduced as follows, without at any time being less than zero:by one dollar for every dollar that exceeds the maximum amount by less than 5%;by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; andby four dollars for every dollar that exceeds the maximum amount by 12.5% or more.ReimbursementOn receipt of the certificate, the Receiver General shall reimburse the amount set out in it to the registered party by paying that amount out of the Consolidated Revenue Fund.2000, c. 9, s. 444; 2014, c. 12, s. 862018, c. 31, s. 270
Quarterly Allowances
Quarterly allowanceThe Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least2% of the number of valid votes cast; or5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.Computation of fundAn allowance fund for a quarter is the product of the number of valid votes cast in the election referred to in subsection (1) multiplied by the applicable following number:$0.255, for the quarter that begins on April 1, 2013 and the three following quarters; and$0.1275, for the quarter that begins on April 1, 2014 and the three following quarters.Computation of party’s allowanceEach such registered party’s allowance for a quarter is that part of the allowance fund for that quarter that corresponds to its percentage of valid votes cast in the election referred to in subsection (1).Merger of partiesA merged party is entitled to the aggregate of the allowances to which the merging parties of which it is composed would have been entitled had they not merged.2000, c. 9, s. 445; 2014, c. 12, s. 86
CertificateAs soon as feasible after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter.Delay for non-complianceIf a registered party has not provided all of the documents that it is required to provide under sections 432, 433 and 437, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents.PaymentOn receipt of the certificate, the Receiver General shall pay the amount set out in it to the registered party out of the Consolidated Revenue Fund. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the party’s leader.Definition of provincial divisionIn this Act, provincial division means a division of a registered party for a province or territory in relation to which the party’s leader has provided the following to the Chief Electoral Officer:the name of the division and of the province or territory;the name of the party;the address of the office where records of that division are maintained and to which communications may be addressed;the names and addresses of the chief executive officer and other officers of the division;the name and address of any registered agent appointed by the division; anda declaration signed by the party’s leader certifying that the division is a division of the party.This Act applies to information provided under this subsection as if it were information referred to in paragraphs 385(2)(a) to (h).Report of changes in informationWithin 15 days after a change in the information referred to in subsection (4), the chief executive officer of the provincial division shall report the change in writing to the chief agent of the registered party.2000, c. 9, s. 446; 2014, c. 12, s. 86
Personal Information Collected by Political Parties
[Repealed, 2026, c. 2, s. 48]
PurposeThe purpose of the provisions of this Act related to the protection of personal information, including the provisions of this subdivision, is to provide for a national, uniform, exclusive and complete regime applicable to registered parties and eligible parties respecting their activities in relation to personal information, including the collection, use, disclosure, retention and disposal of personal information.2026, c. 2, s. 47
Activities in relation to personal informationIn order to participate in public affairs by endorsing one or more of its members as candidates and supporting their election, any registered party or eligible party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, may, subject to this Act and any other applicable federal Act, carry out any activities in relation to personal information, including the collection, use, disclosure, retention and disposal of personal information in accordance with the party’s policy for the protection of personal information.2026, c. 2, s. 47
Provincial or territorial ActWhen participating in public affairs by endorsing one or more of its members as candidates and supporting their election, a registered party or eligible party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, cannot be required to comply with an Act of a province or territory that regulates activities in relation to personal information, including the collection, use, disclosure, retention and disposal of personal information, unless the party’s policy for the protection of personal information provides otherwise.For greater certaintyFor greater certainty, the registered party, eligible party or person or entity acting on the party’s behalf cannot be required to provide access to personal information or provide information relating to personal information under its control or to correct — or receive, adjudicate or annotate requests to correct — personal information or omissions in personal information under its control.2026, c. 2, s. 47
Policy for the protection of personal informationA registered party or eligible party, as well as any person or entity acting on the party’s behalf, including the party’s candidates, electoral district associations, officers, agents, employees, volunteers and representatives, must comply with the party’s policy for the protection of personal information.ClarificationFor greater certainty, a person or entity referred to in subsection (1) that fails to comply with the policy referred to in that subsection contravenes that subsection and commits a violation referred to in section 508.1.2026, c. 2, s. 47
Required contentsThe policy for the protection of personal information of a registered party or of an eligible party must be publicly available in both official languages, be written in plain language anddesignate a privacy officer who is responsible for overseeing the party’s compliance with the policy;include the name and contact information of the privacy officer;state the types of personal information in relation to which the party carries out its activities;explain, using illustrative examples, how the party carries out its activities in relation to personal information, such as by indicating whether it does so online or through the use of cookies; anddescribe the training related to the protection of personal information that is offered to the party’s employees and volunteers who may have access to the personal information that is under its control.2026, c. 2, s. 47
Meetings relating to protecting personal informationThe Chief Electoral Officer shall hold at least one meeting each calendar year relating to the protection of personal information by registered parties and eligible parties.2026, c. 2, s. 47
Electoral District AssociationsRegistration of Electoral District AssociationsRegistration
Prohibition — accepting contributions, etc., while not registeredNo electoral district association of a registered party shall, unless it is registered,accept contributions;provide goods or services or transfer funds to a candidate endorsed by a registered party;provide goods or services or transfer funds to a registered party or a registered association; oraccept surplus nomination campaign funds of a nomination contestant, surplus electoral funds of a candidate or surplus leadership campaign funds of a leadership contestant.2000, c. 9, s. 447; 2014, c. 12, s. 86
Contents of applicationAn electoral district association of a registered party may submit to the Chief Electoral Officer an application for registration that includesthe full name of the association and of the electoral district;the full name of the registered party;the address of the association’s office where records are maintained and to which communications may be addressed;the names and addresses of the chief executive officer and other officers of the association;the name and address of the appointed auditor of the association; andthe name and address of the financial agent of the association.Accompanying documentsThe application shall be accompanied bythe signed consent of the financial agent to act in that capacity;the signed consent of the auditor to act in that capacity; anda declaration signed by the leader of the party certifying that the electoral district association is an electoral district association of the party.Examination of applicationThe Chief Electoral Officer shall register an electoral district association that meets the requirements of subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate to the association which of the requirements have not been met.Date of registrationAn electoral district association is registered as of the date on which the Chief Electoral Officer registers it in the registry of electoral district associations.2000, c. 9, s. 448; 2014, c. 12, s. 86
Only one registered association per districtA registered party may have at most one registered association in an electoral district.2000, c. 9, s. 449; 2014, c. 12, s. 86
Prohibition — incurring partisan advertising expenses, etc.No electoral district association of a registered party shallincur 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; ortransmit or cause to be transmitted, during a pre-election period, partisan advertising messages that promote or oppose a registered party or an eligible party.ExceptionDespite 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 areprovided to that party, if permitted under paragraph 364(2)(b); orsold to that party.ExceptionDespite subsection (1), an electoral district association of a registered party mayincur 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; andtransmit 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.2018, c. 31, s. 271
Message to be authorizedA 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.2018, c. 31, s. 271
Prohibition — incurring election expensesNo electoral district association of a registered party shall incur election expenses.Election expenses — electoral district associationsFor the purposes of subsection (1),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”; andsubsections 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”.ExceptionDespite 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 — areprovided to that party, a registered association of that party or a candidate endorsed by that party, if permitted under paragraph 364(2)(b); orsold to that party or a candidate endorsed by that party.Uncancellable transmissionIn 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.2000, c. 9, s. 450; 2003, c. 19, s. 43; 2014, c. 12, s. 862018, c. 31, s. 271
Statement of assets and liabilitiesWithin six months after the day on which it becomes a registered association, the association shall provide the Chief Electoral Officer witha statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; anda declaration in the prescribed form by its financial agent that the statement is complete and accurate.2000, c. 9, s. 451; 2003, c. 19, s. 44; 2006, c. 9, s. 52; 2014, c. 12, s. 86
Prohibition — declaration concerning statementNo financial agent of a registered association shall make a declaration referred to in paragraph 451(b) if the agent knows or ought reasonably to know that the statement referred to in paragraph 451(a) is not complete and accurate.2000, c. 9, s. 452; 2003, c. 19, s. 45; 2006, c. 9, s. 53; 2014, c. 12, s. 86
Annual fiscal periodThe fiscal period of a registered association is the calendar year.2000, c. 9, s. 453; 2003, c. 19, s. 46; 2014, c. 12, s. 86
Adjustment of fiscal periodWithout delay after becoming registered, a registered association shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.2000, c. 9, s. 454; 2014, c. 12, s. 86
Registry of electoral district associationsThe Chief Electoral Officer shall maintain a registry of electoral district associations that contains the information referred to in subsections 448(1), 456(2) and 471(2).2000, c. 9, s. 455; 2004, c. 24, s. 19; 2014, c. 12, s. 86
Electoral District Agents and Auditors
AppointmentsA registered association may appoint, as electoral district agents, persons who are authorized by the association to accept contributions and to incur and pay expenses on behalf of the association. The appointment is subject to any terms and conditions that it specifies.Report of appointmentWithin 30 days after the day on which an electoral district agent is appointed, the registered association shall provide the Chief Electoral Officer with a written report, certified by its financial agent, that includes the electoral district agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of electoral district associations.2000, c. 9, s. 456; 2014, c. 12, s. 86
Agents — corporationsA corporation incorporated under the laws of Canada or a province is eligible to be the financial agent or an electoral district agent of a registered association.Agents — ineligible personsThe following persons are ineligible to be a financial agent or an electoral district agent:an election officer or a member of the staff of a returning officer;a candidate;an auditor appointed as required by this Act;subject to subsection (1), a person who is not an elector;an undischarged bankrupt; anda person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.If member of partnership appointed as agentA person may be appointed as agent for a registered association even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.2000, c. 9, s. 457; 2014, c. 12, s. 86
Auditor — eligibilityOnly the following are eligible to be an auditor for a registered association:a person who is a member in good standing of a corporation, association or institute of professional accountants; ora partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.Auditor — ineligibilityThe following persons are ineligible to be an auditor:an election officer or a member of the staff of a returning officer;a candidate or their official agent;a chief agent of a registered party or an eligible party;a registered agent of a registered party;an electoral district agent of a registered association;a nomination contestant or their financial agent;a leadership contestant or their leadership campaign agent; anda financial agent of a registered third party.2000, c. 9, s. 458; 2014, c. 12, s. 86
ConsentA registered association shall obtain from its financial agent and auditor, on appointment, their signed consent to act in that capacity.2000, c. 9, s. 459; 2014, c. 12, s. 86
Replacement of financial agent or auditorIn the event of the death, incapacity, resignation or ineligibility of its financial agent or auditor, or the revocation of the appointment of one, a registered association shall without delay appoint a replacement.2000, c. 9, s. 460; 2014, c. 12, s. 86
Only one financial agent and auditorA registered association shall have no more than one financial agent and one auditor at a time.2000, c. 9, s. 461; 2003, c. 19, s. 47; 2014, c. 12, s. 86
Prohibition — agentsNo person who is ineligible to be a financial agent or an electoral district agent of a registered association shall act in that capacity.Prohibition — auditorNo person who is ineligible to be an auditor of a registered association shall act in that capacity.2000, c. 9, s. 462; 2014, c. 12, s. 86
Changes in Information Concerning Registered Associations
Changes in informationWithin 30 days after the day on which there is a change in the information referred to in subsection 448(1) other than paragraph 448(1)(b), a registered association shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the chief executive officer of the association.New financial agent or auditorIf the report involves the replacement of the registered association’s financial agent or auditor, it shall include a copy of the signed consent referred to in section 459.Registration of changeThe Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of electoral district associations.2000, c. 9, s. 463; 2014, c. 12, s. 86
Confirmation of registration yearlyOn or before May 31 of every year a registered association shall provide the Chief Electoral Officer witha statement certified by its chief executive officer confirming the validity of the information concerning the association in the registry of electoral district associations; andif there is a change in that information, the report of the change made under subsection 463(1).2000, c. 9, s. 464; 2003, c. 19, s. 48; 2014, c. 12, s. 862018, c. 31, s. 272
Deregistration of Registered Associations
Deregistration — failure to provide documentsThe Chief Electoral Officer may deregister a registered association if the association fails to provideany of the documents referred to in section 451;a report under subsection 456(2) concerning the appointment of an electoral district agent;any of the documents referred to in subsection 463(1) or (2) with respect to a replacement of its financial agent or auditor;a report under subsection 463(1) concerning a change in any other registered information;confirmation under section 464 of the validity of the registered information; ora report that is required to be filed under subsection 476.1(1) by the registered association.2000, c. 9, s. 465; 2003, c. 19, s. 49; 2014, c. 12, ss. 85, 86
Deregistration — failure to file returnThe Chief Electoral Officer may deregister a registered association if its financial agent fails to provide him or her with a document for a fiscal period in accordance with subsection 475.4(1).2000, c. 9, s. 466; 2003, c. 19, s. 50; 2007, c. 21, s. 35; 2014, c. 12, s. 86
Voluntary deregistrationOn application by a registered association to become deregistered, signed by its chief executive officer and its financial agent, the Chief Electoral Officer may deregister the association.Deregistration at request of partyOn application by a registered party, signed by its leader and two of its officers, to deregister one of its registered associations, the Chief Electoral Officer shall deregister the association.ExceptionSubsections (1) and (2) do not apply during an election period in the electoral district of the registered association.2000, c. 9, s. 467; 2001, c. 21, s. 23(F); 2003, c. 19, s. 50; 2014, c. 12, s. 86
Procedure for non-voluntary deregistrationIf the Chief Electoral Officer believes on reasonable grounds that a registered association or its financial agent has omitted to perform any obligation referred to in section 465 or 466, the Chief Electoral Officer shall, in writing, notify the association’s chief executive officer and its financial agent that the association or financial agent mustrectify the omission by the discharge of that obligation within 30 days after receipt of the notice; orsatisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.Extension or exemptionIf paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice byexempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 465 or 466; orspecifying a period for compliance with the obligations referred to in paragraph (1)(a).Copy of noticeA copy of any notice or amendment under subsection (1) or (2) shall be sent to the leader and the chief agent of the registered party with which the registered association is affiliated.DeregistrationThe Chief Electoral Officer may deregister a registered association if the association or its financial agent fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).2000, c. 9, s. 468; 2003, c. 19, s. 51; 2014, c. 12, s. 86
Electoral Boundaries Readjustment ActIf the boundaries of an electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act, a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice shall be accompanied by a consent signed by the leader of the registered party with which it is affiliated.Effect of continuationIf a notice has been filed under subsection (1), on the day on which the representation order comes into force, the registered association is continued as the registered association for the electoral district specified in the notice and assumes all the rights and obligations of the association for the former electoral district.DeregistrationAny registered association in an electoral district whose boundaries are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act that does not give a notice under subsection (1) is deregistered on the day on which the representation order comes into force under subsection 25(1) of that Act and, despite paragraph 447(c), may provide goods or transfer funds to the registered party with which it is affiliated or to any of its registered associations in the six months after that day. Any such transfer is not a contribution for the purposes of this Act.RegistrationAs 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.Applicant deemed to be electoral district associationThe applicant in an application referred to in subsection (4) is deemed to be an electoral district association as of the date on which the application is received by the Chief Electoral Officer.2000, c. 9, s. 469; 2003, c. 19, s. 52; 2014, c. 12, s. 862018, c. 31, s. 273
Notice of deregistrationIf the Chief Electoral Officer proposes to deregister a registered association under section 467 or subsection 468(4), he or she shall, in writing, so notify the association and the registered party with which it is affiliated.Date of deregistrationThe notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.Proof of serviceThe notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.2000, c. 9, s. 470; 2003, c. 19, s. 53; 2014, c. 12, s. 86
PublicationIf a registered association is deregistered for any reason other than the deregistration of the registered party with which it is affiliated, the Chief Electoral Officer shall without delay cause a notice of deregistration to be published in the Canada Gazette.Entry of deregistration in registry of electoral district associationsThe Chief Electoral Officer shall indicate any deregistration of a registered association in the registry of electoral district associations.2000, c. 9, s. 471; 2003, c. 19, s. 54; 2014, c. 12, s. 86
Effect of deregistrationAn electoral district association that is deregistered continues to have the obligations of a registered association for the purpose of section 473.2000, c. 9, s. 472; 2014, c. 12, s. 86
Fiscal period and returnsThe financial agent of a deregistered electoral district association shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with the documents referred to in subsection 475.4(1) forthe portion of its current fiscal period ending on the day of its deregistration; andany earlier fiscal period for which those documents have not already been provided under that subsection.2000, c. 9, s. 473; 2003, c. 19, s. 55; 2014, c. 12, s. 86
Financial Administration of Registered AssociationsGeneral
Duty of financial agentThe financial agent of a registered association is responsible for administering its financial transactions and for reporting on them in accordance with this Act.2000, c. 9, s. 474; 2014, c. 12, s. 86
Prohibition — paying expensesNo person or entity, other than an electoral district agent of a registered association, shall pay the registered association’s expenses.Prohibition — incurring expensesSubject to section 348.02, no person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.Prohibition — accepting contributions, borrowingNo person or entity, other than an electoral district agent of a registered association, shall accept contributions to the registered association or borrow money on its behalf.Prohibition — accepting or providing goods, services or fundsNo person or entity, other than the financial agent of a registered association, shall, on behalf of the registered association,accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; orprovide goods or services, or transfer funds, if the provision or transfer is permitted under that section.2000, c. 9, s. 475; 2014, c. 12, ss. 86, 155
Recovery of Claims for Debts
Claim for paymentA person who has a claim to be paid for a debt of a registered association shall send the invoice or other document evidencing the claim to the registered association or one of its electoral district agents.2014, c. 12, s. 86
Payment within three yearsIf a claim for an expense is evidenced by an invoice or other document that has been sent under section 475.1, the claim shall be paid within three years after the day on which payment of it is due.2014, c. 12, s. 86
Proceedings to recover paymentA person who has sent an invoice or other document evidencing a claim under section 475.1 may commence proceedings in a court of competent jurisdiction to recover any unpaid amountat any time, if the electoral district agent refuses to pay that amount or disputes that it is payable; orafter the end of the period referred to in section 475.2, in any other case.2014, c. 12, s. 86
Financial Reporting
Financial transactions returnFor each fiscal period of a registered association, its financial agent shall provide the Chief Electoral Officer witha financial transactions return, in the prescribed form, on the association’s financial transactions;the auditor’s report on the return, if one is required under subsection 475.6(1); anda declaration in the prescribed form by the financial agent that the return is complete and accurate.Contents of returnA financial transactions return shall set outthe total amount of contributions received by the registered association;the number of contributors;the name and address of each contributor who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each of those contributions and the date on which the association received it;a statement of the registered association’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement ofclaims that are the subject of proceedings under section 475.3, andunpaid claims, including those resulting from loans made to the registered association under section 373;a statement of the registered association’s revenues and expenses in accordance with generally accepted accounting principles, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;a statement of the commercial value of goods or services provided and of funds transferred by the registered association to the registered party, to another registered association or to a candidate endorsed by the registered party;a statement of the commercial value of goods or services provided and of funds transferred to the registered association from the registered party, another registered association, a nomination contestant, a candidate or a leadership contestant;a statement of the terms and conditions of each loan made to the registered association under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed; anda statement of contributions received by the registered association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.ReportIf there is any amendment to the information in a statement referred to in paragraph (2)(h), including with respect to the giving of a guarantee or suretyship, then the registered association’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.PublicationThe Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(h) and any report provided under subsection (3) as soon as feasible after receiving the information or report.Period for providing documentsThe documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within five months after the end of the fiscal period.Statement of unpaid claimsThe statement of unpaid claims referred to in subparagraph (2)(d)(ii) shall include information indicatingeach unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; andeach claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.Unpaid claims — 18 months or moreThe statement shall include the following information concerning claims referred to in paragraph (6)(b):whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;whether the claim is the subject of proceedings under section 475.3;whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; andany other relevant information that could help explain why the amount is unpaid.2014, c. 12, s. 86
When contributions forwarded to Receiver GeneralIf the name of the contributor of a contribution of more than $20 to a registered association, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered association, is not known, the registered association’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.2014, c. 12, s. 86
Auditor’s reportThe 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.StatementThe auditor shall include in the report any statement that the auditor considers necessary ifthe financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;the auditor has not received all of the information and explanations that the auditor required; orbased on the examination, it appears that the registered association has not kept proper financial records.Right of accessThe auditor shall have access at any reasonable time to all of the association’s documents, and may require the association’s electoral district agents to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.2014, c. 12, s. 862018, c. 31, s. 274
Prohibition — false, misleading or incomplete documentNo financial agent of a registered association shall provide the Chief Electoral Officer with a document referred to in paragraph 475.4(1)(a) thatthe financial agent knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under subsection 475.4(2) or, in the case of a statement of unpaid claims referred to in subparagraph 475.4(2)(d)(ii), does not substantially set out information required under subsection 475.4(6) or (7).2014, c. 12, s. 86
Payment of Audit Expenses
Certificate — audit expensesOn receipt of the documents referred to in subsection 475.4(1) and a copy of the auditor’s invoice, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount, up to a maximum of $1,500, of the expenses incurred for the audit made under subsection 475.6(1).PaymentOn receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.Inflation adjustment factorThe $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.2014, c. 12, s. 862018, c. 31, s. 275
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral OfficerThe Chief Electoral Officer may correct a document referred to in subsection 475.4(1) if the correction does not materially affect its substance.Corrections or revisions at request of Chief Electoral OfficerThe Chief Electoral Officer may in writing request a registered association’s financial agent to correct or revise, within a specified period, a document referred to in subsection 475.4(1).Deadline for corrections or revisionIf the Chief Electoral Officer requests the correction or revision, the registered association’s financial agent shall provide him or her with the corrected or revised version of the document within the specified period.2014, c. 12, s. 86
Extensions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the extension of a period referred to in subsection 475.4(5) unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.DeadlineThe application may be made within the period referred to in subsection 475.4(5) or within two weeks after the end of that period.2014, c. 12, s. 86
Corrections or revisions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the correction or revision of a document referred to in subsection 475.4(1) 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.Application made without delayThe application shall be made immediately after the applicant becomes aware of the need for correction or revision.Deadline for corrections or revisionsThe applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document 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).New deadlineThe 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 document was deliberate or was the result of their failure to exercise due diligence.Extension of new deadlineThe 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 document was deliberate or was the result of their failure to exercise due diligence.2014, c. 12, s. 86
Extensions, corrections or revisions — judgeThe financial agent of a registered association or, if the financial agent is absent or unable to perform their duties, its chief executive officer, may apply to a judge for an orderrelieving the financial agent from the obligation to comply with a request referred to in subsection 475.9(2);authorizing an extension referred to in subsection 475.91(1); orauthorizing a correction or revision referred to in subsection 475.92(1).The applicant shall notify the Chief Electoral Officer that the application has been made.DeadlineThe application may be madeunder paragraph (1)(a), within the specified period referred to in subsection 475.9(2) or within the two weeks after the end of that period;under paragraph (1)(b), within two weeks after, as the case may be,if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 475.91(2), the end of the two-week period referred to in that subsection,the rejection of an application for an extension made in accordance with section 475.91, orthe end of the extended period referred to in subsection 475.91(1); orunder paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 475.92.Grounds — relief from complianceThe judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 475.9(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.Grounds — extensionThe judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.Grounds — correction or revisionThe 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.Contents of orderAn order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.2014, c. 12, s. 86
Nomination ContestantsInterpretation
Definition of selection dateIn this Division, selection date means the date on which a nomination contest is decided. (date de désignation)2000, c. 9, s. 476; 2003, c. 19, s. 56; 2014, c. 12, s. 862018, c. 31, s. 277
[Repealed, 2018, c. 31, s. 399]
[Repealed, 2018, c. 31, s. 399]
Nomination Contest Report
Notice of nomination contestWhen a nomination contest is held, the registered party, or the registered association if the contest was held by the registered association, shall, within 30 days after the selection date, file with the Chief Electoral Officer a report setting outthe name of the electoral district, the registered association and the registered party that the nomination contest concerns;the date on which the nomination contest began and the selection date;the name and address of each nomination contestant as of the selection date and of their financial agent; andthe name of the person selected in the nomination contest.NoticeThe Chief Electoral Officer shall, in the manner that he or she considers appropriate, communicate to each nomination contestant the information related to that contestant that was reported under subsection (1).PublicationThe Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsection (1).2014, c. 12, s. 86
DeemingFor the purposes of Division 1 of this Part and this Division, a nomination contestant is deemed to have been a nomination contestant from the time they accept a contribution, incur a nomination campaign expense or borrow money under section 373.2014, c. 12, s. 86
Duty to appoint financial agentA nomination contestant shall appoint a financial agent before accepting a contribution or incurring a nomination campaign expense.2014, c. 12, s. 86
Financial agent — ineligibilityThe following persons are ineligible to be the financial agent of a nomination contestant:an election officer or a member of the staff of a returning officer;a candidate or a nomination contestant;an auditor appointed as required by this Act;a person who is not an elector;an undischarged bankrupt; anda person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.If partnership appointed as auditorA person may be appointed as financial agent for a nomination contestant even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.2014, c. 12, s. 86
ConsentA nomination contestant shall obtain from the financial agent, on appointment, their signed consent to act in that capacity.2014, c. 12, s. 86
Replacement of financial agentIn the event of the death, incapacity, resignation or ineligibility of the financial agent, or the revocation of the appointment of one, the nomination contestant shall without delay appoint a replacement.2014, c. 12, s. 86
Only one financial agentA nomination contestant shall have no more than one financial agent at a time.2014, c. 12, s. 86
Prohibition — financial agentsNo person who is ineligible to be a financial agent of a nomination contestant shall act in that capacity.2014, c. 12, s. 86
Changes in reported informationWithin 30 days after a change in the information referred to in paragraph 476.1(1)(c) in respect of a nomination contestant, the nomination contestant shall report the change in writing to the Chief Electoral Officer.New financial agentIf the report involves the replacement of the nomination contestant’s financial agent, it shall include a copy of the signed consent referred to in section 476.5.2014, c. 12, s. 86
Financial Administration of Nomination ContestantsPowers, Duties and Functions of Financial Agent
Duty of financial agentA nomination contestant’s financial agent is responsible for administering the contestant’s financial transactions for their nomination campaign and for reporting on those transactions in accordance with this Act.2014, c. 12, s. 86
Bank accountA nomination contestant’s financial agent shall open, for the sole purpose of the contestant’s nomination campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.Account holder nameThe account shall name the account holder as follows: “(name of financial agent), financial agent”.Deposits into accountAll 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.Payments from accountAll 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.Closure of bank accountAfter the selection date or the withdrawal or death of the nomination contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus nomination campaign funds have been dealt with in accordance with this Act.Final statement of bank accountThe financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.2014, c. 12, s. 862018, c. 31, s. 278
Prohibition — accepting contributions, borrowingNo person or entity, other than the financial agent of a nomination contestant, shall accept contributions to the contestant’s nomination campaign or borrow money on the contestant’s behalf under section 373.Prohibition — accepting goods, services or funds or transferring fundsNo person or entity, other than the financial agent of a nomination contestant, shall, on the contestant’s behalf,accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; ortransfer funds, if the transfer is permitted under that section.Prohibition — accepting certain transfers of fundsNo financial agent of a nomination contestant shall, on the contestant’s behalf, accept a transfer of funds from a registered party or registered association.Prohibition — paying nomination campaign expensesNo person or entity, other than a nomination contestant’s financial agent, shall pay the contestant’s nomination campaign expenses except fora litigation expense;travel and living expenses;a personal expense; ora petty expense referred to in section 381.Prohibition — incurring nomination campaign expensesSubject to section 348.02, no person or entity, other than the nomination contestant or their financial agent, shall incur the contestant’s nomination campaign expenses.Prohibition — paying contestant’s personal expenses, etc.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).2014, c. 12, ss. 86, 1552018, c. 31, s. 279
Limits on nomination contest expensesThe limit for nomination contest expenses that is allowed for a nomination contestant in an electoral district is the amountthat 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; orthat the Chief Electoral Officer determines, in any other case.2014, c. 12, s. 86; 2018, c. 20, s. 42018, c. 31, s. 280
Prohibition — expenses more than maximumNo 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.Prohibition — collusionNo person or entity shallcircumvent, or attempt to circumvent, the limit referred to in section 476.67; oract in collusion with another person or entity for that purpose.2014, c. 12, s. 86; 2018, c. 20, s. 5
Recovery of Claims for Debts
Claim for paymentA person who has a claim to be paid for a nomination campaign expense shall send the invoice or other document evidencing the claim to the nomination contestant’s financial agent or, if there is no financial agent, to the nomination contestant.2014, c. 12, s. 86
Payment within three yearsIf a claim for a nomination campaign expense is evidenced by an invoice or other document that has been sent under section 476.69, or if a claim for repayment of a loan is made to the nomination contestant under section 373, the claim shall be paid within three years after the selection date or, in the case referred to in subsection 476.75(16), the polling day.Prohibition — payment without authorizationNo nomination candidate and no financial agent of a nomination contestant shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 476.72 or 476.73, or ordered to do so as a result of proceedings commenced under section 476.74.2014, c. 12, s. 86
Unenforceable contractsA contract in relation to a nomination campaign is not enforceable against the nomination contestant unless it was entered into by the contestant personally or by the contestant’s financial agent.2014, c. 12, s. 86
Irregular claims or payments — Chief Electoral OfficerOn the written application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination contestant or to be paid for a loan made to the contestant under section 373, or on the written application of the contestant’s financial agent or the contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the contestant’s financial agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 476.7(1).ConditionsThe Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).2014, c. 12, s. 86
Irregular claims or payments — judgeOn the application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination contestant or to be paid for a loan made to the contestant under section 373, or on the application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed ifthe applicant establishes that an authorization under subsection 476.72(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 476.7(1); orthe amount claimed has not been paid in accordance with an authorization obtained under subsection 476.72(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.The applicant shall notify the Chief Electoral Officer that the application has been made.2014, c. 12, s. 86
Proceedings to recover paymentA person who has sent an invoice or other document evidencing a claim under section 476.69, or has a claim for repayment of a loan made to a nomination contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amountat any time, if the nomination contestant or their financial agent refuses to pay that amount or disputes that it is payable; orafter the end of the three-year period referred to in subsection 476.7(1) or any extension of that period authorized under subsection 476.72(1) or section 476.73, in any other case.The nomination contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.2014, c. 12, s. 86
Nomination Campaign Return
Nomination campaign returnA nomination contestant’s financial agent who has accepted contributions of $1,000 or more in total or incurred nomination campaign expenses of $1,000 or more in total shall provide the Chief Electoral Officer with the following in respect of a nomination contest:a nomination campaign return, in the prescribed form, on the financing and nomination campaign expenses for the nomination campaign;if the appointment of an auditor is required under subsection 476.77(1), the auditor’s report on the return made under section 476.8;a declaration in the prescribed form by the financial agent that the return is complete and accurate; anda declaration in the prescribed form by the nomination contestant that the return is complete and accurate.Contents of returnThe nomination campaign return shall set outa statement of nomination contest expenses;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 statement of travel and living expenses;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 statement of nomination campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);a statement of claims that are the subject of proceedings under section 476.74;a statement of unpaid claims, including those resulting from loans made to the nomination contestant under section 373;a statement of the terms and conditions of each loan made to the nomination contestant under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;the total amount of contributions received by the nomination contestant;the number of contributors;the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each of those contributions and the date on which the contestant received it;a statement of the funds transferred by the nomination contestant to a registered party, a registered association or a candidate;a statement of the commercial value of goods or services provided to the nomination contestant by a registered party or a registered association;a statement of the commercial value of goods or services provided and of funds transferred to the nomination contestant from themselves in their capacity as a candidate; anda statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.Supporting documentsTogether 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).Additional supporting documentsIf the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.ReportIf there is any amendment to the information in a statement referred to in paragraph (2)(d), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the nomination contestant’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.PublicationThe Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(d) and any report provided under subsection (5) as soon as feasible after receiving the information or report.Period for providing documentsThe documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within four months after the selection date.Declaration of nomination contestantA nomination contestant shall, within four months after the selection date, send their financial agent the declaration referred to in paragraph (1)(d).Death of nomination contestantIf a nomination contestant dies without having sent the declaration within the period referred to in subsection (8),they are deemed to have sent the declaration in accordance with that subsection;the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1); andthe Chief Electoral Officer is deemed to have received the declaration for the purpose of section 476.901.Payment of unpaid claimsIf a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.First updateThe nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 18 months after the selection date, within the period that begins 18 months after the selection date and ends 19 months after the selection date. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;whether the claim is the subject of proceedings under section 476.74;whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; andany other relevant information that could help explain why the amount is unpaid.Second updateThe nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 36 months after the selection date, within the period that begins 36 months after the selection date and ends 37 months after the selection date. The updated version shall include the information referred to in paragraphs (11)(a) to (f).Supporting documentsTogether with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidenc­ing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.Additional supporting documentsIf the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.Irregular claims and paymentsThe nomination contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 476.72 or 476.73 or to an order to pay resulting from proceedings commenced under section 476.74. The financial agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.Selection dateIn applying subsections (7), (8), (11) and (12), if the selection date of a nomination contest falls within an election period for that electoral district or the 30 days before it, then a reference to “selection date” is to be read as a reference to “polling day”.2014, c. 12, s. 86; 2018, c. 20, s. 62018, c. 31, ss. 282, 399
When contributions forwarded to Receiver GeneralIf the name of the contributor of a contribution of more than $20 to a nomination contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a nomination contestant, is not known, the nomination contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.2014, c. 12, s. 86
Appointment of auditorA nomination contestant who has accepted contributions of $10,000 or more in total or incurred nomination campaign expenses of $10,000 or more in total shall appoint an auditor without delay.Auditor — eligibilityOnly the following are eligible to be an auditor for a nomination contestant:a person who is a member in good standing of a corporation, association or institute of professional accountants; ora partnership in which every partner is a member in good standing of a corporation, association or institute of professional accountants.Auditor — ineligibilityThe following persons are ineligible to be an auditor:an election officer or a member of the staff of a returning officer;a chief agent of a registered party or an eligible party, or a registered agent of a registered party;a candidate or their official agent;an electoral district agent of a registered association;a leadership contestant or their leadership campaign agent;a nomination contestant or their financial agent; anda financial agent of a registered third party.Notification of appointmentEvery nomination contestant, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and their signed consent to act in that capacity.New auditorIf a nomination contestant’s auditor is replaced, the contestant shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and their signed consent to act in that capacity.2014, c. 12, s. 86
Only one auditorA nomination contestant shall have no more than one auditor at a time.2014, c. 12, s. 86
Prohibition — auditorsNo person who is ineligible to be an auditor of a nomination contestant shall act in that capacity.2014, c. 12, s. 86
Auditor’s reportA nomination contestant’s auditor appointed in accordance with subsection 476.77(1) shall, as soon as feasible after the selection date, report to the contestant’s financial agent on the nomination campaign return for that campaign 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.StatementThe auditor shall include in the report any statement that the auditor considers necessary ifthe return does not present fairly the information contained in the financial records on which it is based;the auditor has not received all of the information and explanations that the auditor required; orbased on the examination, it appears that the financial agent has not kept proper financial records.Right of accessThe auditor shall have access at any reasonable time to all of the nomination contestant’s documents, and may require the contestant and their financial agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.Ineligible to prepare reportNo person referred to in subsection 476.77(3) who is a partner or an associate of a nomination contestant’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.2014, c. 12, s. 86
Nomination contestants outside CanadaDespite subsection 476.75(7), a nomination contestant who is outside Canada when the documents referred to in paragraphs 476.75(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 476.75(1)(d) within the period referred to in subsection 476.75(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.Financial agent relieved of obligationDespite subsection 476.75(1), the financial agent need not provide the Chief Electoral Officer with the nomination contestant’s declaration referred to in paragraph 476.75(1)(d) if, in the circumstances set out in subsection (1), the contestant has not sent it to the financial agent.2014, c. 12, s. 86
Statement of personal expensesA nomination contestant shall, within three months after the selection date, send their financial agent a written statement in the prescribed form thatsets out the following:the amount of any travel and living expenses paid by the contestant and details of those expenses, andthe 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; ordeclares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.Supporting documentsTogether 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.Death of contestantSubsection (1) does not apply to a nomination contestant who dies before the end of the three-month period referred to in that subsection without having sent the written statement.Subsequent payments — litigation expensesIf, 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,notify their financial agent of the payment;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; andsend their financial agent documents evidencing payment of the expense.2014, c. 12, s. 862018, c. 31, s. 283
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral OfficerThe Chief Electoral Officer may correct a document referred to in subsection 476.75(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.Corrections or revisions at request of Chief Electoral OfficerThe Chief Electoral Officer may in writing request a nomination contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 476.75(1), (10), (11), (12) or (15).Deadline for corrections or revisionsIf the Chief Electoral Officer requests the correction or revision, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with the corrected or revised version of the document within the specified period.2014, c. 12, s. 86
Extensions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the extension of a period referred to in subsection 476.75(7), (10), (11), (12) or (15), unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.DeadlineThe application may be made within the period referred to in subsection 476.75(7), (10), (11), (12) or (15) or within two weeks after the end of that period.2014, c. 12, s. 86
Corrections or revisions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 476.75(1), (10), (11), (12) or (15) 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.Application made without delayThe application shall be made immediately after the applicant becomes aware of the need for correction or revision.Deadline for corrections or revisionsThe applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document 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).New deadlineThe 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 document was deliberate or was the result of their failure to exercise due diligence.Extension of new deadlineThe 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 document was deliberate or was the result of their failure to exercise due diligence.2014, c. 12, s. 86
Extensions, corrections or revisions — judgeA nomination contestant or their financial agent may apply to a judge for an orderrelieving the financial agent from the obligation to comply with a request referred to in subsection 476.83(2);authorizing an extension referred to in subsection 476.84(1); orauthorizing a correction or revision referred to in subsection 476.85(1).The applicant shall notify the Chief Electoral Officer that the application has been made.DeadlineThe application may be madeunder paragraph (1)(a), within the specified period referred to in subsection 476.83(2) or within the two weeks after the end of that period;under paragraph (1)(b), within two weeks after, as the case may be,if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 476.84(2), the end of the two-week period referred to in that subsection,the rejection of an application for an extension made in accordance with section 476.84, orthe end of the extended period referred to in subsection 476.84(1); orunder paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 476.85.Grounds — relief from complianceThe judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 476.83(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.Grounds — extensionThe judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.Grounds — corrections or revisionsThe 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.Contents of orderAn order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.2014, c. 12, s. 86
Appearance of financial agent before judgeA judge dealing with an application under section 476.86 or 476.88 who is satisfied that a nomination contestant or a financial agent has not provided the documents referred to in subsection 476.75(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge.Show cause ordersThe judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent or predecessordo anything that the judge considers appropriate in order to remedy the failure; orbe examined concerning any information that pertains to the failure.2014, c. 12, s. 86
Recourse of contestant for fault of financial agentA nomination contestant may apply to a judge for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes thatit occurred without his or her knowledge or acquiescence; orhe or she exercised all due diligence to avoid its occurrence.The contestant shall notify the Chief Electoral Officer that the application has been made.2014, c. 12, s. 86
Destruction of documents — judgeA nomination contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 476.75(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.GroundsThe judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.Date of reliefFor the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.2014, c. 12, s. 86
Prohibition — false or misleading declarationNo 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.2018, c. 31, s. 284
Prohibition — false, misleading or incomplete documentNo 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) thatthe financial agent knows or ought reasonably to know contains a material statement that is false or misleading; orin 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.2014, c. 12, s. 862018, c. 31, s. 285
Payment of Audit Expenses
CertificateOn 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 ofthe 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$250.PaymentOn receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.Inflation adjustment factorThe $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.2018, c. 31, s. 285
Surplus of Nomination Campaign Funds
Surplus of nomination campaign fundsThe surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the sum of the following is more than the sum of the contestant’s nomination campaign expenses paid from the bank account referred to in subsection 476.65(1) and any transfers referred to in paragraph 364(5)(a):contributions accepted by the financial agent on behalf of the contestant;money received from the sale referred to in subsection (2); andany other amounts received by the contestant for their nomination campaign that are required to be deposited into the bank account referred to in subsection 476.65(1) and are not repayable.Sale of capital assetsBefore the surplus amount of nomination campaign funds is disposed of in accordance with sections 476.92 and 476.93, a nomination contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a nomination campaign expense.2014, c. 12, s. 862018, c. 31, s. 286
Notice of estimated surplusIf the Chief Electoral Officer estimates that a nomination contestant has a surplus of nomination campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.Disposal of surplus fundsThe nomination contestant’s financial agent shall dispose of a surplus of nomination campaign funds within 60 days after the day on which they receive the notice of estimated surplus.Disposal without noticeIf a nomination contestant has a surplus of nomination campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s nomination campaign return.2014, c. 12, s. 86
Method of disposal of surplusA nomination contestant’s financial agent shall dispose of surplus nomination campaign funds by transferring them tothe official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; orthe registered association that held the nomination contest or the registered party for whose endorsement the contest was held.2014, c. 12, s. 86
Notice of disposal of surplusA nomination contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus nomination campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.PublicationAs soon as feasible after the disposal of a nomination contestant’s surplus nomination campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.2014, c. 12, s. 86
CandidatesOfficial Agent and Auditor
DeemingFor the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense within the meaning of subsection 375(1).2000, c. 9, s. 477; 2014, c. 12, s. 862018, c. 31, s. 287
Duty to appoint official agentA candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense within the meaning of subsection 375(1).Appointment of auditorA candidate shall appoint an auditor without delay ifthey accept contributions of $10,000 or more in total;they incur electoral campaign expenses of $10,000 or more in total; orthey receive 10% or more of the valid votes cast in the electoral district in which they are a candidate.2014, c. 12, s. 862018, c. 31, s. 288
Official agent — ineligibilityThe following persons are ineligible to be an official agent:an election officer or a member of the staff of a returning officer;a candidate;an auditor appointed as required by this Act;a person who is not an elector;an undischarged bankrupt; anda person who does not have full capacity to enter into contracts in the province in which they ordinarily reside.2014, c. 12, s. 86
Auditor — eligibilityOnly the following are eligible to be an auditor for a candidate:a person who is a member in good standing of a corporation, association or institute of professional accountants; ora partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.Auditor — ineligibilityThe following persons are ineligible to be an auditor:an election officer or a member of the staff of a returning officer;the candidate or any other candidate;the official agent of the candidate or any other candidate;the chief agent of a registered party or an eligible party;a registered agent of a registered party;an electoral district agent of a registered association;a leadership contestant and their leadership campaign agent;a nomination contestant and their financial agent; anda financial agent of a registered third party.2014, c. 12, s. 86
If partnership appointed as auditorSubject to sections 477.2 and 477.3, a person may be appointed as official agent or auditor for a candidate even if the person is a member of a partnership that has been appointed in accordance with this Act as an auditor fora candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; ora registered party.2014, c. 12, s. 86
ConsentA candidate shall obtain from the official agent or auditor, on appointment, their signed consent to act in that capacity.2014, c. 12, s. 86
Replacement of official agent or auditorIn the event of the death, incapacity, resignation or ineligibility of an official agent or an auditor, or the revocation of the appointment of one, the candidate shall without delay appoint a replacement.2014, c. 12, s. 86
Only one official agent and auditorA candidate shall have no more than one official agent and one auditor at a time.2014, c. 12, s. 86
Prohibition — official agentsNo person who is ineligible to be an official agent of a candidate shall act in that capacity.Prohibition — auditorNo person who is ineligible to be an auditor of a candidate shall act in that capacity.2014, c. 12, s. 86
Financial Administration of CandidatesPowers, Duties and Functions of Official Agent
Duty of official agentA candidate’s official agent is responsible for administering the candidate’s financial transactions for their electoral campaign and for reporting on those transactions in accordance with this Act.2014, c. 12, s. 86
Bank accountA candidate’s official agent shall open, for the sole purpose of the candidate’s electoral campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.Account holder nameThe account shall name the account holder as follows: “(name of official agent), official agent”.Deposits into accountAll of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the receipt of money are to be deposited to the account unless the transaction involves the receipt of the candidate’s own funds and those funds are used to pay a litigation expense or a personal expense.Payments from accountAll of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment of money are to be paid from the account unless the transaction involves the payment out of the candidate’s own funds of a litigation expense or a personal expense.Closure of bank accountAfter the election or the withdrawal or death of a candidate, the candidate’s official agent shall close the account once all unpaid claims and surplus electoral funds have been dealt with in accordance with this Act.Final statement of bank accountThe official agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.2014, c. 12, s. 862018, c. 31, s. 289
Prohibition — accepting contributions, borrowingNo person or entity, other than the candidate’s official agent, shall accept contributions to a candidate’s electoral campaign or borrow money on the candidate’s behalf under section 373.Prohibition — issuing tax receiptsNo person or entity, other than the candidate’s official agent, shall provide official receipts to contributors of monetary contributions to a candidate for the purpose of subsection 127(3) of the Income Tax Act.Prohibition — accepting or providing goods, services or fundsNo person or entity, other than the candidate’s official agent, shall, on behalf of a candidate,accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; orprovide goods or services, or transfer funds, if the provision or transfer is permitted under that section.Prohibition — paying electoral expensesNo person or entity, other than a candidate’s official agent, shall pay the candidate’s electoral campaign expenses except fora litigation expense;travel and living expenses;a personal expense; ora petty expense referred to in section 381.Prohibition — incurring electoral expensesNo person or entity, other than a candidate, their official agent or a person authorized under paragraph 477.55(c) to enter into contracts, shall incur expenses in relation to the candidate’s electoral campaign.Election expenses incurred by candidateDespite subsection (5), a candidate shall, before incurring election expenses, obtain the written authorization of their official agent to incur those expenses, and shall incur them only in accordance with that authorization.Prohibition — paying candidate’s personal expenses, etc.No person or entity, other than a candidate or their official agent, shall pay the candidate’s expenses referred to in any of paragraphs (4)(a) to (c).ExceptionSubsection (4) or (5), as the case may be, does not apply to a registered agent of a registered party who pays or incurs expenses in relation to the electoral campaign of the leader of the registered party.2014, c. 12, s. 862018, c. 31, s. 290
[Repealed, 2018, c. 31, s. 291]
Election Expenses Limit
Maximum election expenses allowedThe election expenses limit that is allowed for a candidate’s election expenses in an electoral district is the product of the base amount for an electoral district determined under section 477.5 and the inflation adjustment factor referred to in section 384 on the day on which the writ is issued.Maximum expenses: postponement of polling dayIf the Governor in Council orders the postponement of polling day under subsection 59(4) for an electoral district along with the corresponding extension of the election period, then the election expenses limit calculated under subsection (1) for a candidate in that electoral district is increased by adding to it the product ofthe election expenses limit calculated under subsection (1) divided by the number of days in the election period before it was extended, andthe number of days by which the election period is extended.2014, c. 12, s. 862018, c. 31, s. 292
Base amount of candidate’s election expensesThe base amount of a candidate’s election expenses in an electoral district is the higher ofthe amount calculated, on the basis of the preliminary lists of electors for the electoral district, in accordance with subsections (3) to (6), andthe amount calculated, on the basis of the revised lists of electors for the electoral district, in accordance with subsections (7) to (10).Death of candidate of registered partyIf a candidate for an electoral district whose nomination was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day, the base amount for that electoral district is increased by 50%.Calculation using preliminary lists of electorsThe amount referred to in paragraph (1)(a) is the aggregate of the following amounts, based on the number of the electors on the preliminary lists of electors:$2.1735 for each of the first 15,000 electors,$1.092 for each of the next 10,000 electors, and$0.546 for each of the remaining electors.Fewer electors than average — general electionIf the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all preliminary lists of electors in a general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.Fewer electors than average — by-electionIn the case of a by-election, if the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.Districts with lower population densityIf the number of electors per square kilometre, calculated on the basis of the preliminary lists of electors for the electoral district, is less than 10, the amount calculated under subsection (3) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (3).Calculation using revised list of electorsThe amount referred to in paragraph (1)(b) is the aggregate of the following amounts, based on the number of the electors on the revised lists of electors:$2.1735 for each of the first 15,000 electors,$1.092 for each of the next 10,000 electors, and$0.546 for each of the remaining electors.Fewer electors than average — general electionIf the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in a general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.Fewer electors than average — by-electionIn the case of a by-election, if the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.Districts with lower population densityIf the number of electors per square kilometre, calculated on the basis of the revised lists of electors for the electoral district, is less than 10, the amount calculated under subsection (7) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (7).2014, c. 12, s. 86
Estimated expensesOn November 15 in each year, the Chief Electoral Officer shall calculate the election expenses limit referred to in section 477.49 for each electoral district, based on the lists of electors in the Register of Electors, as if an election were to be held on that date.Availability of estimatesThe election expenses limit for an electoral district shall be sentto any person on request; andto the member of the House of Commons who represents the electoral district and each registered party that endorsed a candidate in the electoral district in the last election.Maximum amount not guaranteedThe election expenses limit calculated under subsection (1) is an estimate and, as such, may be increased or decreased for an electoral district in the subsequent election period.ExceptionThis section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.2014, c. 12, s. 86
Prohibition — expenses more than maximumNo candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur total election expenses in an amount that is more than the election expenses limit calculated under section 477.49.Prohibition — collusionNo candidate, official agent of a candidate, person who is authorized under paragraph 477.55(c) to enter into contracts or third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the election expenses limit calculated under section 477.49.2014, c. 12, s. 86
Recovery of Claims for Debts
Claim for paymentA person who has a claim to be paid for an electoral campaign expense shall send the invoice or other document evidencing the claim to the candidate’s official agent or, if there is no official agent, to the candidate.2014, c. 12, s. 86
Payment within three yearsIf a claim for an electoral campaign expense is evidenced by an invoice or other document that has been sent under section 477.53, or if a claim for repayment of a loan is made to the candidate under section 373, the claim shall be paid within three years after polling day.Prohibition — payment without authorizationNo candidate and no official agent of a candidate shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 477.56 or 477.57, or ordered to do so as a result of proceedings commenced under section 477.58.2014, c. 12, s. 86
Unenforceable contractsA contract in relation to an electoral campaign is not enforceable against the candidate unless it was entered into bythe candidate personally;the candidate’s official agent; ora person whom the official agent may, in writing, have authorized to enter into the contract.2014, c. 12, s. 86
Prohibition — entering into contracts without authorizationNo person authorized under paragraph 477.55(c) to enter into contracts shall enter into any contract in relation to an electoral campaign other than a contract that they are authorized in writing by the official agent to enter into under that paragraph.2018, c. 31, s. 293
Irregular claims or payments — Chief Electoral OfficerOn the written application of a person who has a claim to be paid for an electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the written application of the candidate’s official agent or the candidate, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the candidate’s official agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 477.54(1).ConditionsThe Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).2014, c. 12, s. 86
Irregular claims or payments — judgeOn the application of a person who has a claim to be paid for a candidate’s electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the application of the candidate’s official agent or the candidate, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the candidate’s official agent to pay the amount claimed ifthe applicant establishes that an authorization under subsection 477.56(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 477.54(1); orthe amount claimed has not been paid in accordance with an authorization obtained under subsection 477.56(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.The applicant shall notify the Chief Electoral Officer that the application has been made.2014, c. 12, s. 86
Proceedings to recover paymentA person who has sent an invoice or other document evidencing a claim under section 477.53, or has a claim for repayment of a loan made to a candidate under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amountat any time, if the candidate or their official agent refuses to pay that amount or disputes that it is payable; orafter the end of the period mentioned in subsection 477.54(1) or any extension of that period authorized under subsection 477.56(1) or section 477.57, in any other case.The candidate shall notify the Chief Electoral Officer that the proceedings have been commenced.2014, c. 12, s. 86
Electoral Campaign Return
Electoral campaign returnA candidate’s official agent shall provide the Chief Electoral Officer with the following in respect of an election:an electoral campaign return, in the prescribed form, on the financing and expenses for the candidate’s electoral campaign;if the appointment of an auditor is required under subsection 477.1(2), the auditor’s report on the return under section 477.62;a declaration in the prescribed form by the official agent that the return is complete and accurate; anda declaration in the prescribed form by the candidate that the return is complete and accurate.Contents of returnThe electoral campaign return shall set outa statement of election expenses, including a statement of election expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;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 477.46(1) and the source of the funds used to pay them;a statement of travel and living expenses that includes an indication of which of those expenses relate to travel and sojourns during the election period;a statement of accessibility expenses;a statement of personal expenses that includesan indication of which of those expenses are childcare expenses,an indication of which of those expenses are expenses referred to in paragraphs 378(1)(c) and (d), andan indication of which of those expenses were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them;a statement of electoral campaign expenses, other than the expenses referred to in paragraphs (a) to (a.4), including a statement of electoral campaign expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;a statement of claims that are the subject of proceedings under section 477.58;a statement of unpaid claims, including those resulting from loans made to the candidate under section 373;a statement of the terms and conditions of each loan made to the candidate under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;the total amount of contributions received by the candidate;the number of contributors;the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each of those contributions and the date on which the candidate received it;a statement of the commercial value of goods or services provided and of funds transferred by the candidate to a registered party, to a registered association or to themselves in their capacity as a nomination contestant;a statement of the commercial value of goods or services provided and of funds transferred to the candidate from a registered party, a registered association or a nomination contestant; anda statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.Supporting documentsTogether with the electoral campaign return, the official agent of a candidate shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement referred to in subsection 477.64(1).Additional supporting documentsIf the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.ReportIf there is any amendment to the information in a statement referred to in paragraph (2)(e), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the candidate’s official agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.PublicationThe Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(e) and any report provided under subsection (5) as soon as feasible after receiving the information or report.Period for providing documentsThe documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within four months after polling day.Declaration of candidateA candidate shall, within four months after polling day, send their official agent the declaration referred to in paragraph (1)(d).Death of candidateIf a candidate dies without having sent the declaration within the period referred to in subsection (8),they are deemed to have sent the declaration in accordance with that subsection;the official agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1); andthe Chief Electoral Officer is deemed to have received the declaration for the purposes of sections 477.73, 477.75 and 477.76.Payment of unpaid claimsIf a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the candidate’s official agent shall provide him or her with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.First updateThe candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 18 months after polling day, within the period that begins 18 months after polling day and ends 19 months after polling day. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;whether the claim is the subject of proceedings under section 477.58;whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; andany other relevant information that could help explain why the amount is unpaid.Second updateThe candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 36 months after polling day, within the period that begins 36 months after polling day and ends 37 months after polling day. The updated version shall include the information referred to in paragraphs (11)(a) to (f).Supporting documentsTogether with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the candidate’s official agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.Additional supporting documentsIf the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.Irregular claims and paymentsThe candidate’s official agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 477.56 or 477.57 or an order to pay resulting from proceedings commenced under section 477.58. The official agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.2014, c. 12, s. 862018, c. 31, s. 294
Uncollectable debtsIf the updated version of the statement of unpaid claims provided under subsection 477.59(11) or (12) indicates that an unpaid amount of a loan has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices, and the candidate is the candidate of a registered party, then the Chief Electoral Officer shall without delay inform the lender, the registered party and, if the registered party has a registered association in the candidate’s electoral district, the registered association.RepresentationsThe Chief Electoral Officer shall give the lender, the registered party and the registered association the opportunity to make representations to him or her.Chief Electoral Officer’s determinationThe Chief Electoral Officer shall, without delay after receiving the representations, determine whether the unpaid amount has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices. He or she shall then inform the lender, the candidate, the registered party and the registered association of his or her determination.Registered association or party liableIf the Chief Electoral Officer determines that the unpaid amount has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices, then the registered association or, if there is no registered association, the registered party becomes liable for the unpaid amount as if the association or party, as the case may be, had guaranteed the loan.2014, c. 12, s. 86
When contributions forwarded to Receiver GeneralIf the name of the contributor of a contribution of more than $20 to a candidate, or the name or the address of a contributor who has made contributions of a total amount of more than $200 to a candidate, is not known, the candidate’s official agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.2014, c. 12, s. 86
Auditor’s reportAs soon as feasible after polling day, a candidate’s auditor shall report to the candidate’s official agent on the electoral campaign 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.ChecklistThe auditor’s report shall include a completed checklist for audits in the prescribed form.StatementThe auditor shall include in the report any statement that the auditor considers necessary ifthe return does not present fairly the information contained in the financial records on which it is based;the auditor has not received all the information and explanations that the auditor required; orbased on the examination, it appears that the official agent has not kept proper financial records.Right of accessThe auditor shall have access at any reasonable time to all of the candidate’s documents, and may require the candidate and their official agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.Ineligible to prepare reportNo person referred to in subsection 477.3(2) who is a partner or an associate of a candidate’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (4), in the preparation of the auditor’s report.2014, c. 12, s. 86
Candidates outside CanadaDespite subsection 477.59(7), a candidate who is outside Canada when the documents referred to in paragraphs 477.59(1)(a) to (c) are provided to the Chief Electoral Officer need not send their official agent the declaration referred to in paragraph 477.59(1)(d) within the period referred to in subsection 477.59(7), but if the candidate does not send it to their official agent within that period then the candidate shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which they return to Canada.Official agent relieved of obligationDespite subsection 477.59(1), the official agent need not provide the Chief Electoral Officer with the candidate’s declaration referred to in paragraph 477.59(1)(d) if, in the circumstances set out in subsection (1), the candidate has not sent it to the official agent.2014, c. 12, s. 86
Statement of personal expensesA candidate shall, within three months after polling day, send their official agent a written statement in the prescribed form thatsets out the following:the amount of any travel and living expenses paid by the candidate and details of those expenses, andthe amount of any litigation expenses and personal expenses paid by the candidate, details of those expenses and an indication of which of them were paid other than from the bank account referred to in subsection 477.46(1) and the source of the funds used to pay them; ordeclares that the candidate did not pay for any travel and living expenses, litigation expenses or personal expenses.Supporting documentsTogether with the statement referred to in paragraph (1)(a), the candidate shall send their official agent documents evidencing the payment of the expenses referred to in the statement.Death of candidateSubsection (1) does not apply to a candidate who dies before the end of the three-month period referred to in that subsection without having sent the written statement.Subsequent payments — litigation expensesIf, after having sent their official agent the statement referred to in subsection (1), a candidate pays a litigation expense other than from the bank account referred to in subsection 477.46(1), the candidate shall, as soon as feasible after paying it,notify their official agent of the payment;inform their official agent of the amount of the expense, the details of the expense and the source of the funds used to pay it; andsend their official agent documents evidencing payment of the expense.2014, c. 12, s. 862018, c. 31, s. 295
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral OfficerThe Chief Electoral Officer may correct a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.Corrections or revisions at request of Chief Electoral OfficerThe Chief Electoral Officer may in writing request a candidate’s official agent to correct or revise, within a specified period, a document referred to in subsection 477.59(1), (10), (11), (12) or (15).Deadline for correction or revisionIf the Chief Electoral Officer requests a correction or revision, the candidate’s official agent shall provide him or her with the corrected or revised version of the document within the specified period.2014, c. 12, s. 86
Extensions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the extension of a period referred to in subsection 477.59(7), (10), (11), (12) or (15), unless he or she is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.DeadlineThe application may be made within the period referred to in subsection 477.59(7), (10), (11), (12) or (15) or within two weeks after the end of that period.2014, c. 12, s. 86
Corrections or revisions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the correction or revision of a document referred to in subsection 477.59(1), (10), (11), (12) or (15) 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.Application made without delayThe application shall be made immediately after the applicant becomes aware of the need for correction or revision.Deadline for correction or revisionThe applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document 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).New deadlineThe 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 document was deliberate or was the result of the applicant’s failure to exercise due diligence.Extension of new deadlineThe 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 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 document was deliberate or was the result of the applicant’s failure to exercise due diligence.2014, c. 12, s. 86
Extensions, corrections or revisions — judgeA candidate or their official agent may apply to a judge for an orderrelieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2);authorizing an extension referred to in subsection 477.66(1); orauthorizing a correction or revision referred to in subsection 477.67(1).The applicant shall notify the Chief Electoral Officer that the application has been made.DeadlineThe application may be madeunder paragraph (1)(a), within the specified period referred to in subsection 477.65(2) or within the two weeks after the end of that period;under paragraph (1)(b), within two weeks after, as the case may be,if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 477.66(2), the end of the two-week period referred to in that subsection,the rejection of an application for an extension made in accordance with section 477.66, orthe end of the extended period referred to in subsection 477.66(1); orunder paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 477.67.Grounds — relief from complianceThe judge shall grant an order relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.Grounds — extensionThe judge shall grant an order authorizing an extension unless the judge is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.Grounds — corrections or revisionsThe 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.Contents of orderThe order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.ProcedureIf an application is made under paragraph (1)(a) in respect of a candidate who is a Member of the House of Commons at the time the application is made, the judge shall hear the application without delay and in a summary manner, and a court of appeal shall hear any appeal arising from the application without delay and in a summary manner.2014, c. 12, s. 86
Appearance of official agent before judgeA judge dealing with an application under section 477.68 or 477.7 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 477.59(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the official agent or a predecessor of the official agent shall, by order served personally, require the official agent or that predecessor to appear before the judge.Show cause ordersThe judge shall, unless the official agent or predecessor on his or her appearance shows cause why an order should not be issued, order that the agent or predecessordo anything that the judge considers appropriate in order to remedy the failure; orbe examined concerning any information that pertains to the failure.2014, c. 12, s. 86
Recourse of candidate for fault of official agentA candidate may apply to a judge for an order that relieves the candidate from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the candidate’s official agent, if the candidate establishes thatit occurred without the candidate’s knowledge or acquiescence; orthe candidate exercised all due diligence to avoid its occurrence.The candidate shall notify the Chief Electoral Officer that the application has been made.2014, c. 12, s. 86
Destruction of documents — judgeA candidate or their official agent may apply to a judge for an order relieving the official agent from the obligation to provide a document referred to in subsection 477.59(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.GroundsThe judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.Date of reliefFor the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.2014, c. 12, s. 86
Prohibition — false or misleading declarationNo candidate shall send to their official agent a declaration referred to in paragraph 477.59(1)(d) that they know or ought reasonably to know is false or misleading.2018, c. 31, s. 296
Prohibition — false, misleading or incomplete documentNo official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) thatthe official agent knows or ought reasonably to know contains a material statement that is false or misleading; orin the case of a document referred to in paragraph 477.59(1)(a), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.Membership in House of Commons suspended — document not providedIf the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1), then, until the document is provided, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as ofthe expiry of the two-week period referred to in paragraph 477.68(2)(b), determined on the basis of whichever of its subparagraphs applies, if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(b);if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b), and the application is rejected, the expiry of the day on which the application is finally disposed of so as to deny it; andif the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(b) and the order is granted, the expiry of the period extended by the order.Membership in House of Commons suspended — unmade correction or revisionIf the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision authorized to be made under subsection 477.67(1) was not made within 30 days after the day on which it was authorized, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as ofthe expiry of the two-week period referred to in subsection 477.67(4), if the candidate or their official agent does not apply to the Chief Electoral Officer for an extension under that subsection;if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent applies to the Chief Electoral Officer for a further extension under subsection 477.67(5);if the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(5) and it is authorized, the expiry of two weeks after the expiry of the authorized extension, unless the candidate or their official agent makes a further application to the Chief Electoral Officer for a extension under that subsection; andif the candidate or their official agent applies to the Chief Electoral Officer for an extension under subsection 477.67(4) or (5), and the application is rejected, the expiry of the day on which the application is rejected.Membership in House of Commons suspendedIf the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision that was requested to be made under subsection 477.65(2) was not made within the period specified, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as ofthe expiry of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); orif the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the expiry of the day on which the application is finally disposed of so as to deny it.Speaker informedAs soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under any of subsections (2), (2.1) and (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.2014, c. 12, s. 862018, c. 31, s. 297
Reimbursement of Certain Expenses
Reimbursement — first instalmentWithout delay after receipt of a return of the writ for an electoral district, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets outthe name of the elected candidate, if any;the name of any candidate who received 10% or more of the number of valid votes cast; andthe amount that is 15% of the election expenses limit calculated under section 477.49.Payment of partial reimbursementOn receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses, travel and living expenses that are related to travel and sojourns during the election period, accessibility expenses and personal expenses. The payment may be made to the person designated by the official agent.Return of excess paymentA candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than the sum of60% of the candidate’s paid election expenses, as set out in the their electoral campaign return,60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses or expenses referred to in paragraphs 378(1)(c) and (d),90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.2014, c. 12, s. 862018, c. 31, s. 299
Reimbursement — final instalmentOn receipt of the documents referred to in subsection 477.59(1), or a corrected or revised version of any of those documents, in respect of a candidate named in a certificate, the Chief Electoral Officer shall provide the Receiver General with a certificate thatstates that the Chief Electoral Officer is satisfied that the candidate and their official agent have complied with the requirements of subsection 477.56(2) and sections 477.59 to 477.71;states that the auditor’s report does not include a statement referred to in subsection 477.62(3);states that the amount received as partial reimbursement under subsection 477.73(2) is less than the sum of the amounts calculated under paragraphs (2)(a) to (f); andsets out the amount of the final instalment of the reimbursement of the candidate’s expenses, calculated under subsection (2).Calculation of reimbursementThe amount referred to in paragraph (1)(d) is the sum of the following, less the partial reimbursement made under section 477.73:60% of the candidate’s paid election expenses, as set out in their electoral campaign return,60% of the candidate’s paid travel and living expenses that are related to travel and sojourns during the election period, as set out in their electoral campaign return,60% of the candidate’s paid personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d),90% of the candidate’s paid childcare expenses, as set out in their electoral campaign return,90% of the candidate’s paid expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, and90% — to a maximum of $5,000 — of the candidate’s paid accessibility expenses, as set out in their electoral campaign return.Reduction of reimbursementIf a candidate’s election expenses, as set out in their electoral campaign return, exceed the election expenses limit calculated under section 477.49, the amount that is provided for in subsection (2) is reduced as follows:by one dollar for every dollar that exceeds the limit by less than 5%;by two dollars for every dollar that exceeds the limit by 5% or more but by less than 10%;by three dollars for every dollar that exceeds the limit by 10% or more but by less than 12.5%; andby four dollars for every dollar that exceeds the limit by 12.5% or more.Payment of final instalmentOn receipt of the certificate, the Receiver General shall pay, out of the Consolidated Revenue Fund, the amount set out in it to the candidate’s official agent. The payment may be made to the person designated by the official agent.ReimbursementIf the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (3), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 477.73.2014, c. 12, s. 862018, c. 31, s. 300
Payment to candidateThe official agent shall use any amount received under subsection 477.73(2), or received under both that subsection and subsection 477.74(4), to pay to the candidate the amount that is the sum of60% of the candidate’s personal expenses, as set out in their electoral campaign return, other than childcare expenses and expenses referred to in paragraph 378(1)(c) or (d), that were paid other than from the bank account referred to in subsection 477.46(1), and90% of the total of the candidate’s childcare expenses and expenses referred to in paragraphs 378(1)(c) and (d), as set out in their electoral campaign return, that were paid other than from the bank account referred to in subsection 477.46(1).2018, c. 31, s. 301
Audit feeOn receipt of the documents referred to in subsection 477.59(1), including the auditor’s report, and a copy of the auditor’s invoice for the auditor’s report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater ofthe amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate’s election expenses and $1,500, and$250.2014, c. 12, s. 86
PaymentOn receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.2014, c. 12, s. 86
Inflation adjustment factorThe $1,500 amount set out in paragraph 477.75(a) and the $250 amount set out in paragraph 477.75(b) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on polling day.2018, c. 31, s. 302
[Repealed, 2018, c. 31, s. 303]
Death of candidateIf a candidate who was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day,they are deemed for the purpose of section 477.73 to receive 10% of the valid votes cast in the electoral district in which they were a candidate; andin the certificate referred to in subsection 477.73(1) the Chief Electoral Officer shall set out, for the other candidates in that electoral district, the amount that is 22.5% of the election expenses limit calculated under section 477.49.2014, c. 12, s. 86
Withdrawal of writDivision 1 of this Part and this Division apply to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under subsection 59(1) or deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, except that in such a casethe election is deemed to have been held on the day on which the writ is withdrawn or deemed to be withdrawn; andeach candidate is deemed to have received 10% of the number of the votes that would have been validly cast at that deemed election.2014, c. 12, s. 862018, c. 31, s. 304
Surplus of Electoral Funds
Surplus of electoral fundsThe surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (3) are more than the total of the candidate’s electoral campaign expenses paid from the bank account referred to in subsection 477.46(1) and the transfers referred to in subsection (4).Transfer or sale of capital assetsBefore the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate’s official agent shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of subsection 375(1) to the registered party that has endorsed the candidate — or to the registered association of that party in the candidate’s electoral district — or sell them at their fair market value.Electoral revenuesThe electoral revenues of a candidate include any amount that representsa monetary contribution made to the candidate;any of the following for which the candidate was reimbursed under this Act:an election expense,travel and living expenses,an accessibility expense,a personal expense paid from the bank account referred to in subsection 477.46(1), anda cost incurred in respect of a request or an application made under Part 14, if the cost was paid from the bank account referred to in subsection 477.46(1);[Repealed, 2018, c. 31, s. 305]the resale value of the capital assets referred to in subsection (2); andany other amount that was received by the candidate for their electoral campaign and that is not repayable.ExclusionDespite subsection (3), for the purposes of this Act, none of the following is electoral revenue:any amount used to pay for a candidate’s litigation expenses that was not deposited into the bank account referred to in subsection 477.46(1);any amount used to pay for a candidate’s personal expenses that was not deposited into the bank account referred to in subsection 477.46(1);any amount paid to the candidate under this Act as a reimbursement of personal expenses that were paid other than from the bank account referred to in subsection 477.46(1); andany amount paid to the candidate under this Act as a reimbursement of a cost incurred in respect of a request or an application made under Part 14, if that cost was paid other than from the bank account referred to in subsection 477.46(1).TransfersA transfer made by a candidate is a transfer ofany funds that the candidate transfers, during the election period, to a registered party or a registered association;any amount of a reimbursement referred to in paragraph (3)(b) that the candidate transfers to that registered party; andany funds transferred by the candidate under paragraph 364(3)(d).2014, c. 12, s. 862018, c. 31, s. 305
Notice of estimated surplusIf the Chief Electoral Officer estimates that a candidate has a surplus of electoral funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the candidate’s official agent.Disposal of surplus fundsThe candidate’s official agent shall dispose of a surplus of electoral funds within 60 days after the day on which they receive the notice of estimated surplus.Disposal without noticeIf a candidate has a surplus of electoral funds but their official agent has not received a notice of estimated surplus, the official agent shall dispose of the surplus within 60 days after, as the case may be,the day on which they receive the final instalment of the reimbursement of the candidate’s expenses; orthe day on which the Chief Electoral Officer is provided with the candidate’s electoral campaign return, if the candidate did not receive the reimbursement mentioned in paragraph (a).2014, c. 12, s. 862018, c. 31, s. 306
Method of disposal of surplusA candidate’s official agent shall dispose of surplus electoral funds by transferring themin the case of a candidate who was endorsed by a registered party, to that party or to the registered association of that party in the candidate’s electoral district; orin any other case, to the Receiver General.2014, c. 12, s. 86
Notice of disposal of surplusA candidate’s official agent shall, within seven days after disposing of a candidate’s surplus electoral funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.PublicationAs soon as feasible after the disposal of a candidate’s surplus electoral funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.2014, c. 12, s. 86
Requisition for repaymentAn official agent who has disposed of a candidate’s surplus electoral funds under paragraph 477.82(b) and must subsequently pay an electoral campaign expense of the candidate may apply to the Chief Electoral Officer for repayment in an amount that is not more than the lesser of the amount of the subsequent payment and the amount of the surplus electoral funds.RepaymentOn receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the official agent out of the Consolidated Revenue Fund.2014, c. 12, s. 86
Persons to whom this section appliesThis section applies to any person who was a candidate at an election but who was not endorsed by a registered party and whose official agent disposed of the candidate’s surplus electoral funds under paragraph 477.82(b).Application for repaymentThe official agent of a candidate who is a person referred to in subsection (1) may, for the purpose of the candidate’s electoral campaign, apply to the Chief Electoral Officer for repayment of the amount of the surplus electoral funds referred to in that subsection if that candidateis a candidate at the general election next following the election to which the funds relate but is not endorsed by a registered party and was not a candidate at any intervening by-election;is a candidate at one, and only one, intervening by-election and at that by-election is not endorsed by a registered party; oris a candidate at more than one intervening by-election and, at the first intervening by-election at which they are a candidate, is not endorsed by a registered party.PaymentOn receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the candidate’s official agent out of the Consolidated Revenue Fund.2018, c. 31, s. 307
Prohibition — transfer of contributionsNo registered agent of a registered party, no financial agent of a registered association and no financial agent of a nomination contestant shall transfer funds to a candidate after polling day except to pay claims related to the candidate’s electoral campaign.2014, c. 12, s. 86
Supply and Use of Forms
Prescribed forms — Income Tax ActA candidate and their official agent shall use the prescribed forms for official receipts to contributors for the purpose of subsection 127(3) of the Income Tax Act.2014, c. 12, s. 86
Provision of forms to returning officersThe Chief Electoral Officer shall provide each returning officer with copies of prescribed forms.2014, c. 12, s. 86
Provision of forms to candidatesA returning officer shall provide each candidate in their electoral district with a reasonable number of copies of each prescribed form requested by the candidate or by their official agent.Return of unused formsA candidate and their official agent shall return any unused forms referred to in section 477.86 within a month after polling day.Designated formsThe Chief Electoral Officer may, from among forms that are to be provided under subsection (1), designate those that may be provided only to the official agent of a candidate whose nomination has been confirmed under subsection 71(1).2014, c. 12, s. 86
Gifts and Other Advantages
Definition of candidateFor the purposes of sections 477.9 to 477.95, a candidate is deemed to have become a candidate on the earlier ofthe day on which they are selected at a nomination contest, andthe day on which the writ is issued for the election.2014, c. 12, s. 86
ProhibitionNo candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence them in the performance of their duties and functions as a member of the House of Commons if the candidate were to be elected, during the period thatbegins on the day on which they are deemed to have become a candidate; andends onthe day on which they withdraw, if they withdraw in accordance with subsection 74(1),the day on which they become a member of the House of Commons, if they are elected, orpolling day, in any other case.ExceptionDespite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.Statement of candidateThe candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;the name and address of the person or entity giving the gift or other advantage; andthe circumstances under which the gift or other advantage was given.ClarificationFor the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.Period for providing statementThe candidate shall provide the statement to the Chief Electoral Officer within four months after polling day.DefinitionsThe following definitions apply in this section.common-law partnership means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year. (union de fait)gift or other advantage meansan amount of money if there is no obligation to repay it; anda service or property, or the use of property or money, that is provided without charge or at less than its commercial value.It does not include a contribution made by an eligible individual under Division 1 of this Part to the official agent of a candidate that does not exceed the limits set out in that Division, or a provision of goods or services or a transfer of funds under section 364. (cadeau ou autre avantage)relative, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity. (parent)2014, c. 12, s. 862018, c. 31, s. 308
Extensions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a candidate, shall authorize the extension of the period referred to in subsection 477.9(5), unless he or she is satisfied that the candidate’s failure to make the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.DeadlineThe application may be made within the period referred to in subsection 477.9(5) or within two weeks after the end of that period.2014, c. 12, s. 86
Corrections or revisions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a candidate, shall authorize the correction or revision of the statement if he or she is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.Application made without delayThe application shall be made immediately after the candidate becomes aware of the need for correction or revision.Deadline for corrections or revisionsThe candidate shall provide the Chief Electoral Officer with the corrected or revised version of the statement 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).New deadlineThe Chief Electoral Officer, on the written application of the candidate 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 candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.Extension of new deadlineThe Chief Electoral Officer, on the written application of the candidate 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 candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.2014, c. 12, s. 86
Extensions, corrections or revisions — judgeA candidate may apply to a judge for an orderauthorizing an extension referred to in subsection 477.91(1); orauthorizing a correction or revision referred to in subsection 477.92(1).The candidate shall notify the Chief Electoral Officer that the application has been made.DeadlineThe application may be madeunder paragraph (1)(a), within two weeks after, as the case may be,if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 477.91(2), the end of the two-week period referred to in that subsection,the rejection of an application for an extension made in accordance with section 477.91, orthe end of the extended period referred to in subsection 477.91(1); orunder paragraph (1)(b), within two weeks after the rejection of an application for a correction or revision made in accordance with section 477.92.Grounds — extensionThe judge shall grant an order authorizing an extension unless the judge is satisfied that the candidate’s failure to provide the required statement was deliberate or was the result of their failure to exercise due diligence.Grounds — corrections or revisionsThe judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.Contents of orderAn order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.2014, c. 12, s. 86
Chief Electoral Officer to retain statementsThe Chief Electoral Officer shall retain in its possession the statements referred to in subsection 477.9(3) for at least one year after the return of the writ for the election.Information to be kept confidentialThe Chief Electoral Officer shall keep the statements provided under subsection 477.9(3) confidential.ExceptionSubsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by the Director for the purpose of a prosecution for an offence under this Act.2014, c. 12, s. 86
Prohibition — false, misleading or incomplete statementNo candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 477.9(3) thatthe candidate knows or ought reasonably to know contains a material statement that is false or misleading; ordoes not substantially set out the information required under that subsection.2014, c. 12, s. 86
Leadership Contestants
[Repealed, 2018, c. 31, s. 309]
[Repealed, 2018, c. 31, s. 399]
[Repealed, 2018, c. 31, s. 399]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
Registration of Leadership Contestants
Notice of leadership contestIf a registered party proposes to hold a leadership contest, the party’s chief agent shall file with the Chief Electoral Officer a statement setting out the dates on which the leadership contest is to begin and end.Variation and cancellationA registered party that proposes to vary the leadership contest period or to cancel a leadership contest shall file with the Chief Electoral Officer a statement setting out, as the case may be, the amended beginning date or ending date or the fact of its cancellation.PublicationThe Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsections (1) and (2).2003, c. 19, s. 57; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
Duty to registerEvery person who accepts contributions for, or incurs leadership campaign expenses in relation to, their campaign for the leadership of a registered party shall apply to the Chief Electoral Officer for registration as a leadership contestant.DeemingFor the purposes of Division 1 of this Part and this Division, a leadership contestant is deemed to have been a leadership contestant from the time they accept a contribution, incur a leadership campaign expense or borrow money under section 373.2003, c. 19, s. 57; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
Contents of applicationAn application for registration as a leadership contestant shall include the following:the name of the leadership contestant;the address of the place where the records of the leadership contestant are maintained and to which communications may be addressed;the name and address of the leadership contestant’s auditor; andthe name and address of the leadership contestant’s financial agent.Accompanying documentsThe application shall be accompanied by the following:the signed consent of the financial agent to act in that capacity;the signed consent of the auditor to act in that capacity;a declaration signed by the chief agent of the registered party holding the leadership contest certifying that the party accepts the applicant as a leadership contestant; anda statement containing the information referred to in paragraphs 478.8(2)(d) to (g) with respect to contributions received and loans incurred before the first day of the leadership contest.Examination of applicationThe Chief Electoral Officer shall register a leadership contestant who meets the requirements set out in subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met.2003, c. 19, s. 57; 2004, c. 24, s. 20; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
RegistryThe Chief Electoral Officer shall maintain a registry of leadership contestants that contains the information referred to in subsection 478.3(1).2003, c. 19, s. 57; 2014, c. 12, s. 86
[Repealed, 2014, c. 12, s. 86]
[Repealed, 2014, c. 12, s. 86]
AppointmentsA leadership contestant may appoint leadership campaign agents authorized to accept contributions and to incur and pay leadership campaign expenses for the contestant. The appointment is subject to any terms and conditions that it specifies.Report of appointmentWithin 30 days after the appointment of a leadership campaign agent, the leadership contestant shall provide the Chief Electoral Officer with a written report, certified by the contestant’s financial agent, that includes the leadership campaign agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of leadership contestants.2014, c. 12, s. 86
Agents — ineligibilityThe following persons are ineligible to be the financial agent or a leadership campaign agent of a leadership contestant:an election officer or a member of the staff of a returning officer;a leadership contestant;an auditor appointed as required by this Act;a person who is not an elector;an undischarged bankrupt; anda person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.2014, c. 12, s. 86
Auditor — eligibilityOnly the following are eligible to be an auditor for a leadership contestant:a person who is a member in good standing of a corporation, association or institute of professional accountants; ora partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.Auditor — ineligibilityThe following persons are ineligible to be an auditor:an election officer or a member of the staff of a returning officer;the chief agent of a registered party or an eligible party, or a registered agent of a registered party;a candidate or their official agent;an electoral district agent of a registered association;a leadership contestant or their leadership campaign agent;a nomination contestant or their financial agent; anda financial agent of a registered third party.If partnership appointed as auditorA person may be appointed as agent for a leadership contestant even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.2014, c. 12, s. 862018, c. 31, s. 310(F)
ConsentA leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to act in that capacity.2014, c. 12, s. 86
Replacement of financial agent or auditorIn the event of the death, incapacity, resignation or ineligibility of the financial agent or auditor, or the revocation of the appointment of one, the leadership contestant shall without delay appoint a replacement.2014, c. 12, s. 86
Only one financial agent and auditorA leadership contestant shall have no more than one financial agent and one auditor at a time.2014, c. 12, s. 86
Prohibition — agentsNo person who is ineligible to be a financial agent or a leadership campaign agent of a leadership contestant shall act in that capacity.Prohibition — auditorNo person who is ineligible to be an auditor of a leadership contestant shall act in that capacity.2014, c. 12, s. 86
Changes in registered informationWithin 30 days after a change in the information referred to in subsection 478.3(1) in respect of a leadership contestant, the leadership contestant shall report the change in writing to the Chief Electoral Officer.New auditor or financial agentIf the report involves the replacement of the leadership contestant’s auditor or financial agent, it shall include a copy of the signed consent referred to in section 478.62.Registration of changeThe Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of leadership contestants.2014, c. 12, s. 86
Withdrawal of leadership contestantA leadership contestant who withdraws from the leadership contest shall file with the Chief Electoral Officer a statement in writing to that effect signed by the contestant and indicating the date of the withdrawal. The Chief Electoral Officer shall indicate the withdrawal in the registry of leadership contestants.2014, c. 12, s. 86
Notice of withdrawal of acceptanceA registered party that withdraws its acceptance of a leadership contestant shall file with the Chief Electoral Officer a statement in writing to that effect signed by the party’s chief agent and indicating the date of the withdrawal. The Chief Electoral Officer shall register the withdrawal of acceptance in the registry of leadership contestants.2014, c. 12, s. 86
Relieved of obligationsA leadership contestant who withdraws in accordance with section 478.67 or whose acceptance is withdrawn in accordance with section 478.68 is relieved of the obligation to provide returns under section 478.81 for any period after the withdrawal.2014, c. 12, s. 86
Notification of registered partyThe Chief Electoral Officer shall, on becoming aware that a leadership contestant of a registered party has failed to comply with any requirement under this Division, notify the party accordingly.2014, c. 12, s. 86
Financial Administration of Leadership ContestantsPowers, Duties and Functions of Financial Agent
Duty of financial agentA leadership contestant’s financial agent is responsible for administering the contestant’s financial transactions for their leadership campaign and for reporting on those transactions in accordance with this Act.2014, c. 12, s. 86
Bank accountA leadership contestant’s financial agent shall open, for the sole purpose of the contestant’s leadership campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.Account holder nameThe account shall name the account holder as follows: “(name of financial agent), financial agent”.Deposits into accountAll of a leadership contestant’s financial transactions in relation to the contestant’s leadership 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.Payments from accountAll of a leadership contestant’s financial transactions in relation to the contestant’s leadership 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.Closure of bank accountAfter the end of the leadership contest or the withdrawal or death of the leadership contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus leadership campaign funds have been dealt with in accordance with this Act.Final statement of bank accountThe financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.2014, c. 12, s. 862018, c. 31, s. 311
Prohibition — accepting contributions, borrowingNo person or entity, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant’s leadership campaign or borrow money on the contestant’s behalf under section 373.Prohibition — accepting goods, services or funds or transferring fundsNo person or entity, other than a leadership campaign agent of a leadership contestant, shall, on the contestant’s behalf,accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364 or 365; ortransfer funds, if the transfer is permitted under section 364.Prohibition — accepting certain transfers of fundsNo leadership campaign agent of a leadership contestant shall, on the contestant’s behalf, accept a transfer of funds from a registered party or registered association, except the transfer by a registered party of an amount out of a directed contribution as defined in subsection 365(2).Prohibition — paying leadership campaign expensesNo person or entity, other than a leadership campaign agent of a leadership contestant, shall pay the contestant’s leadership campaign expenses except fora litigation expense;travel and living expenses;a personal expense; ora petty expense referred to in section 381.Prohibition — incurring leadership campaign expensesNo person or entity, other than the leadership contestant or one of their leadership campaign agents, shall incur the contestant’s leadership campaign expenses.Prohibition — paying contestant’s personal expenses, etc.No person or entity, other than the leadership contestant or their financial agent, shall pay the contestant’s expenses referred to in any of paragraphs 4(a) to (c).2014, c. 12, s. 862018, c. 31, s. 312
Recovery of Claims for Debts
Claim for paymentA person who has a claim to be paid for a leadership campaign expense shall send the invoice or other document evidencing the claim to the leadership contestant’s financial agent or, if there is no financial agent, to the leadership contestant.2014, c. 12, s. 86
Payment within three yearsIf a claim for a leadership campaign expense is evidenced by an invoice or other document that has been sent under section 478.74, or if a claim for repayment of a loan is made to the leadership contestant under section 373, the claim shall be paid within three years after the day on which the leadership contest ends.Prohibition — payment without authorizationNo leadership contestant and no financial agent of a leadership contestant shall pay a claim referred to in subsection (1) after the expiry of the three-year period referred to in that subsection unless authorized to do so under section 478.77 or 478.78, or ordered to do so as a result of proceedings commenced under section 478.79.2014, c. 12, s. 86
Unenforceable contractsA contract in relation to a leadership campaign is not enforceable against the leadership contestant unless it was entered into by the contestant personally or by one of the contestant’s leadership campaign agents.2014, c. 12, s. 86
Irregular claims or payments — Chief Electoral OfficerOn the written application of a person who has a claim to be paid for a leadership campaign expense in relation to a leadership contestant or to be paid for a loan made to the contestant under section 373, or on the written application of the contestant’s financial agent or the contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the contestant’s financial agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 478.75(1).ConditionsThe Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).2014, c. 12, s. 86
Irregular claims or payments — judgeOn the application of a person who has a claim to be paid for a leadership campaign expense in relation to a leadership contestant or to be paid for a loan made to the contestant under section 373, or on the application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed ifthe applicant establishes that an authorization under subsection 478.77(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 478.75(1); orthe amount claimed has not been paid in accordance with an authorization obtained under subsection 478.77(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.The applicant shall notify the Chief Electoral Officer that the application has been made.2014, c. 12, s. 86
Proceedings to recover paymentA person who has sent an invoice or other document evidencing a claim under section 478.74, or has a claim for repayment of a loan made to a leadership contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amountat any time, if the leadership contestant or their financial agent refuses to pay that amount or disputes that it is payable; andafter the end of the three-year period referred to in subsection 478.75(1) or any extension of that period authorized under subsection 478.77(1) or section 478.78, in any other case.The leadership contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.2014, c. 12, s. 86
Leadership Campaign Return
Leadership campaign returnA leadership contestant’s financial agent shall provide the Chief Electoral Officer with the following in respect of a leadership contest:a leadership campaign return, in the prescribed form, on the financing and leadership campaign expenses for the leadership campaign;the auditor’s report on the return, if one is required under subsection 478.83(1);a declaration in the prescribed form by the financial agent that the return is complete and accurate; anda declaration in the prescribed form by the leadership contestant that the return is complete and accurate.Contents of returnThe leadership campaign return shall set outa statement of leadership contest expenses;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 478.72(1) and the source of the funds used to pay them;a statement of travel and living expenses;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 478.72(1) and the source of the funds used to pay them;a statement of leadership campaign expenses, other than the expenses referred to in paragraphs (a) to (a.3);a statement of claims that are the subject of proceedings under section 478.79;a statement of unpaid claims, including those resulting from loans made to the leadership contestant under section 373;a statement of the terms and conditions of each loan made to the leadership contestant under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;the total amount of contributions received by the leadership contestant;the number of contributors;the name and address of each contributor who made contributions of a total amount of more than $200 to the leadership contestant, that total amount, as well as the amount of each of those contributions and the date on which the contestant received it;the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 365(2) out of which an amount has been transferred by the party to the contestant, the amount of the contribution, the amount of the directed contribution and the amount transferred, as well as the dates of the receipt of the contribution and of the transfer;a statement of the funds transferred by the leadership contestant to a registered party or a registered association;a statement of the commercial value of goods or services provided and of funds transferred to the leadership contestant by a registered party or a registered association; anda statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.Supporting documentsTogether with the leadership campaign return, the leadership 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 478.85(1).Additional supporting documentsIf the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.ReportIf there is any amendment to the information in a statement referred to in paragraph (2)(d), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the leadership contestant’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.PublicationThe Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(d) and any report provided under subsection (5) as soon as feasible after receiving the information or report.Period for providing documentsThe documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within six months after the end of the leadership contest.Declaration of leadership contestantA leadership contestant shall, within six months after the end of the leadership contest, send their financial agent the declaration referred to in paragraph (1)(d).Death of leadership contestantIf a leadership contestant dies without having sent the declaration within the period referred to in subsection (8),they are deemed to have sent the declaration in accordance with that subsection;the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1); andthe Chief Electoral Officer is deemed to have received the declaration for the purpose of section 478.931.Payment of unpaid claimsIf a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.First updateThe leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 18 months after the end of the leadership contest, within the period that begins 18 months after the end of the leadership contest and ends 19 months after the end of the leadership contest. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;whether the claim is the subject of proceedings under section 478.79;whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; andany other relevant information that could help explain why the amount is unpaid.Second updateThe leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 36 months after the end of the leadership contest, within the period that begins 36 months after the end of the leadership contest and ends 37 months after the end of the leadership contest. The updated version shall include the information referred to in paragraphs (11)(a) to (f).Supporting documentsTogether with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the leadership contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.Additional supporting documentsIf the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.Irregular claims and paymentsThe leadership contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 478.77 or 478.78 or an order to pay resulting from proceedings commenced under section 478.79. The financial agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.2014, c. 12, s. 86; 2018, c. 20, s. 82018, c. 31, ss. 313, 399
Return on contributionsA leadership contestant’s financial agent shall, for the period beginning on the first day of the leadership contest and ending on the day that is four weeks before the end of the leadership contest, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 478.8(2)(d) to (k) if the leadership contestant has, during that period, accepted contributions of more than $10,000 in total or incurred leadership campaign expenses of more than $10,000 in total. The financial agent shall provide the return within one week after the end of that period.Second returnThe leadership contestant’s financial agent shall also provide the Chief Electoral Officer with such a return for the period beginning on the first day after the end of the period referred to in subsection (1) and ending on the day that is one week before the end of the leadership contest. The financial agent shall provide the return no later than two days before the end of the leadership contest.Return on contributionsThe financial agent of a leadership contestant who attains the threshold for contributions or expenses as described in subsection (1) after the period referred to in that subsection shall provide the Chief Electoral Officer with a return that includes the information referred to in that subsection for the period beginning on the first day of the leadership contest and ending on the day that is one week before the end of the leadership contest. The financial agent shall provide the return no later than two days before the end of the leadership contest.2014, c. 12, s. 86
When contributions forwarded to Receiver GeneralIf the name of the contributor of a contribution of more than $20 to a leadership contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a leadership contestant, is not known, the leadership contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.2014, c. 12, s. 86
Auditor’s reportAs soon as feasible after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $10,000 or more in total or incurred leadership campaign expenses of $10,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return for that contest 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.StatementThe auditor shall include in the report any statement that the auditor considers necessary ifthe return does not present fairly the information contained in the financial records on which it is based;the auditor has not received all the information and explanations that the auditor required; orbased on the examination, it appears that the financial agent has not kept proper financial records.Right of accessThe auditor shall have access at any reasonable time to all of the leadership contestant’s documents, and may require the contestant and their financial agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.Ineligible to prepare reportNo person referred to in subsection 478.61(2) who is a partner or an associate of a leadership contestant’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.2014, c. 12, s. 862018, c. 31, s. 314
Leadership contestants outside CanadaDespite subsection 478.8(7), a leadership contestant who is outside Canada when the documents referred to in paragraphs 478.8(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 478.8(1)(d) within the period referred to in subsection 478.8(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.Financial agent relieved of obligationDespite subsection 478.8(1), the financial agent need not provide the Chief Electoral Officer with the leadership contestant’s declaration referred to in paragraph 478.8(1)(d) if, in the circumstances set out in subsection (1), the contestant has not sent it to the financial agent.2014, c. 12, s. 86
Statement of personal expensesA leadership contestant shall, within five months after the end of the leadership contest, send their financial agent a written statement in the prescribed form thatsets out the following:the amount of any travel and living expenses paid by the contestant and details of those expenses, andthe 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 478.72(1) and the source of the funds used to pay them; ordeclares that the contestant did not pay for any travel and living expenses, litigation expenses or personal expenses.Supporting documentsTogether with the statement referred to in paragraph (1)(a), the leadership contestant shall send their financial agent documents evidencing the payment of the expenses referred to in the statement.Death of contestantSubsection (1) does not apply to a leadership contestant who dies before the end of the five-month period referred to in that subsection without having sent the written statement.Subsequent payments — litigation expensesIf, after having sent their financial agent the statement referred to in subsection (1), a leadership contestant pays a litigation expense other than from the bank account referred to in subsection 478.72(1), the contestant shall, as soon as feasible after paying it,notify their financial agent of the payment;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; andsend their financial agent documents evidencing payment of the expense.2014, c. 12, s. 862018, c. 31, s. 315
Corrections, Revisions and Extended Reporting Periods
Minor corrections — Chief Electoral OfficerThe Chief Electoral Officer may correct a document referred to in subsection 478.8(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.Corrections or revisions at request of Chief Electoral OfficerThe Chief Electoral Officer may in writing request a leadership contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 478.8(1), (10), (11), (12) or (15).Deadline for correction or revisionIf the Chief Electoral Officer requests the correction or revision, the leadership contestant’s financial agent shall provide the Chief Electoral Officer with the corrected or revised version of the document within the specified period.2014, c. 12, s. 86
Extensions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the extension of a period referred to in subsection 478.8(7), (10), (11), (12) or (15), unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.DeadlineThe application may be made within the period referred to in subsection 478.8(7), (10), (11), (12) or (15) or within two weeks after the end of that period.2014, c. 12, s. 86
Corrections or revisions — Chief Electoral OfficerThe Chief Electoral Officer, on the written application of a leadership contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 478.8(1), (10), (11), (12) or (15) 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.Application made without delayThe application shall be made immediately after the applicant becomes aware of the need for correction or revision.Deadline for correction or revisionThe applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document 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).New deadlineThe 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 document was deliberate or was the result of the applicant’s failure to exercise due diligence.Extension of new deadlineThe 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 document was deliberate or was the result of the applicant’s failure to exercise due diligence.2014, c. 12, s. 86
Extensions, corrections or revisions — judgeA leadership contestant or their financial agent may apply to a judge for an orderrelieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2);authorizing an extension referred to in subsection 478.87(1); orauthorizing a correction or revision referred to in subsection 478.88(1).The applicant shall notify the Chief Electoral Officer that the application has been made.DeadlineThe application may be madeunder paragraph (1)(a), within the specified period referred to in subsection 478.86(2) or within the two weeks after the end of that period;under paragraph (1)(b), within two weeks after, as the case may be,if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 478.87(2), the end of the two-week period referred to in that subsection,the rejection of an application for an extension made in accordance with section 478.87, orthe end of the extended period referred to in subsection 478.87(1); orunder paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 478.88.Grounds — relief from complianceThe judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 478.86(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.Grounds — extensionThe judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.Grounds — corrections or revisionsThe 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.Contents of orderAn order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.2014, c. 12, s. 86
Appearance of financial agent before judgeA judge dealing with an application under section 478.89 or 478.91 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 478.8(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge.Show cause ordersThe judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent of predecessordo anything that the judge considers appropriate in order to remedy the failure; orbe examined concerning any information that pertains to the failure.2014, c. 12, s. 86
Recourse of contestant for fault of financial agentA leadership contestant may apply to a judge for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes thatit occurred without his or her knowledge or acquiescence; orhe or she exercised all due diligence to avoid its occurrence.The contestant shall notify the Chief Electoral Officer that the application has been made.2014, c. 12, s. 86
Destruction of documents — judgeA leadership contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.8(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.GroundsThe judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.Date of reliefFor the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.2014, c. 12, s. 86
Prohibition — false or misleading declarationNo leadership contestant shall send to their financial agent a declaration referred to in paragraph 478.8(1)(d) that they know or ought reasonably to know is false or misleading.2018, c. 31, s. 316
Prohibition — false, misleading or incomplete documentNo financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.8(1), (10), (11), (12) or (15) thatthe financial agent knows or ought reasonably to know contains a material statement that is false or misleading; orin the case of a document referred to in paragraph 478.8(1)(a), does not substantially set out the information required under subsection 478.8(2) and, in the case of a document referred to in subsection 478.8(10), (11), (12) or (15), does not substantially set out the information required under that subsection.2014, c. 12, s. 862018, c. 31, s. 317
Payment of Audit Expenses
CertificateOn receipt of the documents referred to in subsection 478.8(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 ofthe amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the leadership contestant’s leadership contest expenses and $1,500, and$250.PaymentOn receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.Inflation adjustment factorThe $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 day on which the leadership contest ends.2018, c. 31, s. 318
Surplus of Leadership Campaign Funds
Surplus of leadership campaign fundsThe surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of the following is more than the sum of the contestant’s leadership campaign expenses paid from the bank account referred to in subsection 478.72(1) and any transfers referred to in paragraph 364(5)(b):contributions accepted by the leadership campaign agents on behalf of the contestant;money received from the sale referred to in subsection (2);amounts referred to in subsection 365(3); andany other amounts received by the contestant for their leadership campaign that are required to be deposited into the bank account referred to in subsection 478.72(1) and are not repayable.Sale of capital assetsBefore the surplus amount of leadership campaign funds is disposed of in accordance with sections 478.95 and 478.96, a leadership contestant’s financial agent shall sell, at their fair market value, any capital assets whose acquisition constitutes a leadership campaign expense.2014, c. 12, s. 862018, c. 31, s. 319
Notice of estimated surplusIf the Chief Electoral Officer estimates that a leadership contestant has a surplus of leadership campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.Disposal of surplus fundsThe leadership contestant’s financial agent shall dispose of a surplus of leadership campaign funds within 60 days after the day on which they receive the notice of estimated surplus.Disposal without noticeIf a leadership contestant has a surplus of leadership campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s leadership campaign return.2014, c. 12, s. 86
Method of disposal of surplusThe leadership contestant’s financial agent shall dispose of surplus leadership campaign funds by transferring them to the registered party that is holding the leadership contest or a registered association of that party.2014, c. 12, s. 86
Notice of disposal of surplusA leadership contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.PublicationAs soon as feasible after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.2014, c. 12, s. 86
EnforcementPeace and Good Order at Elections
Duty to maintain orderEvery returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.Duty to maintain orderEvery election officer is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.Order to leaveIn performing his or her duty under subsection (1) or (2), an election officer may order a person to leave the returning officer’s office or other place where the vote is taking place if the person is committing — or the officer believes on reasonable grounds that the person has committed — in the office or place an offence under this Act, any other Act of Parliament or any regulation made under any other Act of Parliament that threatens the maintenance of order.Order must be obeyedEvery person in respect of whom an order is made to leave an office or place must obey it without delay.[Repealed, 2018, c. 31, s. 320][Repealed, 2018, c. 31, s. 320]Removal of materialIf a returning officer or other election officer believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer may cause any material that they believe on reasonable grounds was used in contravention of that paragraph to be removed from, in the case of a returning officer, his or her office or, in the case of any other election officer, the polling station.Peace officer protectionEvery election officer has, while exercising their powers or performing their duties under this section, all the protection that a peace officer has by law.2000, c. 9, s. 4792018, c. 31, s. 320
OffencesGeneral Provisions
Obstruction, etc., of electoral processEvery person is guilty of an offence who, with the intention of delaying or obstructing the electoral process, contravenes this Act, otherwise than by committing an offence under subsection (2) or section 480.1, 481, 482 or 482.1 or contravening a provision referred to in any of sections 484 to 499.Public meetingsEvery person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.2000, c. 9, s. 4802018, c. 31, s. 321
ImpersonationEvery person is guilty of an offence who, with intent to mislead, falsely represents themselves to be, or causes anyone to falsely represent themselves to be,the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff or a person who is authorized to act on the Chief Electoral Officer’s behalf;an election officer or a person who is authorized to act on an election officer’s behalf;a person who is authorized to act on behalf of the Office of the Chief Electoral Officer;a person who is authorized to act on behalf of a registered party or a registered association; ora candidate or a person who is authorized to act on a candidate’s behalf.ExceptionA person does not commit an offence under subsection (1) if they establish that the representation was manifestly for the purpose of parody or satire.2014, c. 12, s. 882018, c. 31, s. 322
Misleading publicationsEvery person or entity is guilty of an offence that, during an election period, distributes, transmits or publishes any material, regardless of its form, that purports to be made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or prospective candidate ifthe person or entity was not authorized by the Chief Electoral Officer or that returning officer, political party, candidate or prospective candidate to distribute, transmit or publish it; andthe person or entity distributes, transmits or publishes it with the intent of misleading the public into believing that it was made, distributed, transmitted or published by or under the authority of the Chief Electoral Officer, or that returning officer, political party, candidate or prospective candidate.FactorsIn determining whether a person or entity has committed an offence under subsection (1) the court may consider whether the material included the use ofa name, logo, social media account identifier, username or domain name that is distinctive and commonly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; orthe name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candidate or prospective candidate or of a public figure who is associated with the political party.Exception — parody or satireA person or entity does not commit an offence under subsection (1) if they establish that the material was manifestly distributed, transmitted or published for the purpose of parody or satire.2000, c. 9, s. 4812018, c. 31, s. 323
Unauthorized use of computerEvery person or entity is guilty of an offence that, fraudulently, and with the intention of affecting the results of an election,by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;uses or causes to be used, directly or indirectly, a computer system with intent tocommit an offence under paragraph (a),destroy or alter computer data,render computer data meaningless, useless or ineffective,obstruct, interrupt or interfere with the lawful use of computer data, orobstruct, interrupt or interfere with a person or entity in the lawful use of computer data or deny access to computer data to a person or entity that is entitled to access to it;uses, possesses or traffics in, or permits another person or entity to have access to, a computer password that would enable a person or entity to commit an offence under paragraph (a) or (b); orattempts to commit any offence referred to in paragraphs (a) to (c).Words and expressionsWords and expressions used in subsection (1) have the same meaning as in subsection 342.1(2) of the Criminal Code.2000, c. 9, s. 4822018, c. 31, s. 323
Obstruction, etc.Every person is guilty of an offence who obstructs or hinders — or knowingly makes, either orally or in writing, a false or misleading statement to — the Commissioner of Canada Elections or any person acting under his or her direction while the Commissioner or the person acting under his or her direction is exercising or performing powers, duties or functions conferred or imposed on the Commissioner under this Act.2014, c. 12, s. 89
[Repealed, 2018, c. 31, s. 324]
Offences under Part 3 (Election Officers)
Strict liability offences — summary convictionEvery former election officer who contravenes paragraph 43(c) (failure to return election documents and election materials) is guilty of an offence.Offences requiring intent — summary convictionEvery person is guilty of an offence whobeing a returning officer, wilfully contravenes subsection 24(3) (failure to take promptly any necessary election proceedings);being an election officer, knowingly contravenes section 39 (failure to exercise or perform the powers or duties assigned by a returning officer in accordance with the Chief Electoral Officer’s instructions); orcontravenes subsection 43.1(1) (refusal to give access to building or gated community).Offences requiring intent — dual procedureEvery person is guilty of an offence whocontravenes subsection 22(6) (acting as election officer knowing requirements not met);knowingly contravenes subsection 23(2) (communication of information or use of personal information for unauthorized purpose);being a field liaison officer, contravenes subsection 23.2(8) (engaging in politically partisan conduct);being a returning officer, contravenes subsection 24(6) (engaging in politically partisan conduct);being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity);contravenes paragraph 43(a) (obstruction of election officer) or knowingly contravenes paragraph 43(b) (impersonation of election officer); orbeing a former election officer, wilfully contravenes paragraph 43(c) (failure to return election documents and election materials).2000, c. 9, s. 484; 2007, c. 21, s. 36; 2014, c. 12, s. 902018, c. 31, s. 325
Offences under Part 4 (Register of Electors and Register of Future Electors)
Offences requiring intent — summary convictionEvery person who contravenes paragraph 56(e) or (e.1) (unauthorized use of personal information recorded in Register of Electors or Register of Future Electors) is guilty of an offence.Offences requiring intent — dual procedureEvery person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors or Register of Future Electors) is guilty of an offence.2000, c. 9, s. 4852018, c. 31, s. 326
Offences under Part 6 (Candidates)
[Repealed, 2014, c. 12, s. 91]Offences requiring intent — summary convictionEvery person who contravenes subsection 81(1) (refusal to give access to building or gated community) or subsection 81.1(1) (refusal to give access to place open to the public) is guilty of an offence.Offences requiring intent — dual procedureEvery person is guilty of an offence whocontravenes section 89 (signing of nomination paper when ineligible);[Repealed, 2014, c. 12, s. 91]knowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); orknowingly contravenes section 92 (publishing false statement of withdrawal of candidate).[Repealed, 2014, c. 12, s. 91]Offences requiring intent — dual procedureEvery entity is guilty of an offence thatknowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); orknowingly contravenes section 92 (publishing false statement of candidate’s withdrawal).2000, c. 9, s. 486; 2006, c. 9, s. 56; 2007, c. 21, s. 37; 2014, c. 12, s. 912018, c. 31, s. 3272021, c. 23, s. 361
Offences under Part 7 (Revision of List of Electors)
Offences requiring intent — summary convictionEvery person is guilty of an offence who contravenesparagraph 111(b) or (c) (applying improperly to be included on list of electors); orparagraph 111(f) (unauthorized use of personal information contained in list of electors).Offences requiring intent — dual procedureEvery person who contravenes paragraph 111(a), (d), (d.1) or (e) (forbidden acts re list of electors) is guilty of an offence.2000, c. 9, s. 487; 2007, c. 21, s. 37.1; 2014, c. 12, s. 92
Offences under Part 8 (Preparation for the Vote)
Offences requiring intent — summary convictionEvery person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to return ballots or unused ballot paper); orcontravenes paragraph 126(a) (forgery of ballot), 126(c) (knowingly printing extra ballot papers), 126(d) (printing of ballot with intent to influence vote) or 126(e) (manufacture, etc., of ballot box with secret compartment).
Offences under Part 9 (Voting)
Strict liability offences — summary convictionEvery person is guilty of an offence who contravenesbeing an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees’ wages for time given to vote);section 165 (prohibited use of loudspeaker); orparagraph 166(1)(b) (wearing of emblems, etc., in polling station).Offences requiring intent — summary convictionEvery person is guilty of an offence who[Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328]contravenes paragraph 166(1)(a) (display of campaign literature in polling place).[Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328]Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing an employer, contravenes section 134 (preventing employee from using voting time); or[Repealed, 2018, c. 31, s. 328]contravenes any of paragraphs 161(5.1)(a) to (d) (forbidden acts re polling day registration).[Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328][Repealed, 2018, c. 31, s. 328]2000, c. 9, s. 489; 2007, c. 21, s. 38; 2014, c. 12, s. 932018, c. 31, s. 328
Offences under Part 10 (Advance Polling)
Offences requiring intent — dual procedureEvery person is guilty of an offence whocontravenes any of paragraphs 169(4.1)(a) to (d) (forbidden acts re advance polling registration);being an election officer, knowingly contravenes subsection 174(1) (failure to permit person to vote);being an election officer, knowingly contravenes subsection 174(2) (failure to record vote);being an election officer, contravenes any of subsections 175(1) to (3) and (5) (failure to take required measures with respect to advance polling) or subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; orbeing a returning officer, contravenes subsection 176(2) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.2000, c. 9, s. 490; 2014, c. 12, s. 942018, c. 31, s. 329
Offences under Part 11 (Special Voting Rules)
Strict liability offences — summary convictionEvery returning officer who contravenes section 275 (failure to take required measures re ballots and special ballots) is guilty of an offence.[Repealed, 2018, c. 31, s. 330]Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a unit election officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1) or, being an election officer, contravenes section 257 or subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;being an election officer, contravenes any of subsections 267(1) and (2), section 268 and subsections 269(1) and (2) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; orbeing an election officer, contravenes any of subsection 276(1), section 277, subsections 278(1) and (3) and section 279 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.[Repealed, 2018, c. 31, s. 330][Repealed, 2018, c. 31, s. 330]2000, c. 9, s. 491; 2014, c. 12, s. 94.12018, c. 31, s. 330
Offences under Part 11.1 (Prohibitions in relation to Voting)
Offences requiring intent — summary convictionEvery person is guilty of an offence whocontravenes subsection 281.6(2) (attempting to obtain information about elector’s vote);knowingly contravenes any of paragraphs 281.6(3)(a) to (c) (secrecy at the poll);knowingly contravenes subsection 281.6(4) (secrecy — marked ballot);knowingly contravenes paragraph 281.7(1)(c) (ballots);knowingly contravenes paragraph 281.8(1)(a) (photograph or video of marked ballot);knowingly contravenes paragraph 281.8(1)(b) (copy of marked ballot);knowingly contravenes paragraph 281.8(1)(c) (distribution of photograph, video or copy of marked ballot);knowingly contravenes paragraph 281.9(a) or (b) (false statement);contravenes subsection 282(1) (person who assists elector — limit);contravenes subsection 282.1(1) (vouching for more than one person);knowingly contravenes any of paragraphs 282.1(2)(a) to (c) (vouching for person contrary to that paragraph);contravenes subsection 282.1(3) (vouchee acting as voucher); orknowingly contravenes section 282.5 (interfering with marking of ballot).2018, c. 31, s. 331
Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing the Chief Electoral Officer, knowingly contravenes section 281.1 (voting by Chief Electoral Officer);contravenes section 281.2 (inducing or attempting to induce Chief Electoral Officer to vote);contravenes paragraph 281.3(a) (voting when not qualified);contravenes paragraph 281.3(b) (inducing or attempting to induce a person not qualified to vote, to vote);contravenes paragraph 281.4(a) (voting when not ordinarily resident in electoral district);contravenes paragraph 281.4(b) (inducing or attempting to induce a person who is not ordinarily resident in electoral district to vote);knowingly contravenes subsection 281.5(1) or (2) (voting more than once);knowingly contravenes subsection 281.6(1) (failure to maintain secrecy);contravenes subsection 281.6(5) (secrecy — counting of the votes);knowingly contravenes any of paragraphs 281.7(1)(a), (b) and (d) to (i) (ballots);being an election officer, contravenes paragraph 281.7(2)(a) or (b) (ballots — election officer);being a unit election officer, contravenes subsection 281.7(3) (special ballots — unit election officer);contravenes subsection 282(2) (person who assists elector — secrecy);knowingly contravenes section 282.2 (influencing electors);being an election officer, unit election officer or member of the staff of a returning officer, knowingly contravenes section 282.3 (influencing electors);contravenes subsection 282.4(1) (undue influence by foreigners);knowingly contravenes subsection 282.4(4) (collusion);knowingly contravenes subsection 282.4(5) (selling advertising space);knowingly contravenes section 282.6 (preventing elector from voting);knowingly contravenes subsection 282.7(1) (offering bribe);knowingly contravenes subsection 282.7(2) (accepting bribe); orknowingly contravenes paragraph 282.8(a) or (b) (intimidation, etc.).Offence requiring intent — dual procedureEvery entity is guilty of an offence thatcontravenes subsection 282.4(1) (undue influence by foreigners);knowingly contravenes subsection 282.4(4) (collusion); orknowingly contravenes subsection 282.4(5) (selling advertising space).2018, c. 31, s. 331
Offences under Part 12 (Counting Votes)
Strict liability offences — summary convictionEvery returning officer who contravenes section 292 (failure to safeguard ballot box) is guilty of an offence.Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing an election officer, contravenes any of sections 283 to 288 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; orknowingly contravenes subsection 289(3) (premature counting of votes cast at advance poll).2000, c. 9, s. 4922018, c. 31, s. 332
Offence under Part 13 (Validation of Results by the Returning Officer)
Offences requiring intent — summary convictionEvery person who wilfully contravenes subsection 296(4) (failure to appear before returning officer) is guilty of an offence.
Offences under Part 15 (Return of the Writ)
Offences requiring intent — dual procedureEvery returning officer is guilty of an offence who wilfully contravenessubsection 313(1) (failure to declare candidate elected); orsection 314 (failure to transmit election documents).
Offences under Part 16 (Communications)
Strict liability offences — summary convictionEvery person is guilty of an offence whobeing a candidate, a registered party or a person acting on behalf of a candidate or registered party, contravenes section 320 (failure to indicate authority for election advertising);being the owner or operator of an online platform, contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), contravenes section 325.2 (failure to provide information about self);contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, contravenes subsection 326(3) (failure to ensure report on election survey results is published); orcontravenes section 327 (failure to indicate survey not based on recognized statistical methods).Offences requiring intent — summary convictionEvery person is guilty of an offence who,being a landlord or a condominium corporation, wilfully contravenes section 322 (prohibition of election advertising posters on residential premises); orcontravenes section 325 (removal of election advertising).[Repealed, 2018, c. 31, s. 333]Offences requiring intent — fine only, summary convictionEvery person is guilty of an offence whobeing the owner or operator of an online platform, knowingly contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);knowingly contravenes subsection 326(1) or (2) (failure to provide election survey information) or (2.1) (failure to ensure sponsor of election survey notified of date of transmission of election survey results) or, being a sponsor of an election survey, knowingly contravenes subsection 326(3) (failure to ensure report on election survey results is published);wilfully contravenes section 327 (failure to indicate survey not based on recognized statistical methods);wilfully contravenes subsection 328(2) (transmission of election survey results during blackout period);[Repealed, 2014, c. 12, s. 95]wilfully contravenes subsection 330(1) or (2) (foreign broadcasting);being a broadcaster, wilfully contravenes subsection 335(1) or, being a network operator, wilfully contravenes subsection 335(2) (failure to make broadcasting time available);being a broadcaster, wilfully contravenes subsection 339(3) (failure to make additional broadcasting time available) or 339(4) (failure to adjust broadcasting time) or, being a network operator, wilfully contravenes subsection 345(1) (failure to make free broadcasting time available);wilfully contravenes section 348 (failure to charge lowest rate for broadcasting time or advertising space);being a broadcaster or a network operator, fails to comply with an allocation of or entitlement to broadcasting time under this Act; orbeing a broadcaster or a network operator, makes available to a registered party or eligible party within the period described in subsection 335(1) more broadcasting time than is required to be made available by it to that party by an allocation under sections 337 and 338 or entitlement under section 339, without making available to each other registered party or eligible party an amount of additional equivalent broadcasting time that is based on the percentage of broadcasting time made available to it by the original allocation or entitlement.Offences requiring intent — dual procedureEvery person is guilty of an offence whoknowingly contravenes subsection 323(1) (conducting election advertising during blackout period);being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), knowingly contravenes section 325.2 (failure to provide information about self); orknowingly contravenes subsection 328(1) (causing transmission of election survey results during blackout period).2000, c. 9, s. 495; 2014, c. 12, s. 952018, c. 31, s. 333
Offences under Division 2 of Part 16.1 (Scripts and Recordings)
Strict liability offences — summary convictionEvery person is guilty of an offence who, being a calling service provider, contravenesparagraph 348.16(a) (obligation to keep scripts);paragraph 348.16(b) (obligation to keep recordings); orparagraph 348.16(c) (obligation to keep list of telephone numbers called).Offences requiring intent — dual procedureEvery person who, being a calling service provider, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.2014, c. 12, s. 962018, c. 31, s. 334
Strict liability offences — summary convictionEvery person is guilty of an offence who, being a person or group, contravenesparagraph 348.17(a) or 348.19(a) (obligation to keep scripts);paragraph 348.17(b) or 348.18(a) (obligation to keep recordings); orparagraph 348.17(c), 348.18(b) or 348.19(b) (obligation to keep list of telephone numbers called).Offences requiring intent — dual procedureEvery person who, being a person or group, knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.2014, c. 12, s. 962018, c. 31, s. 335
Offences under Part 17 (Third Party Advertising, Partisan Activities and Election Surveys)Offences under Division 0.1 of Part 17 (Prohibition on Use of Foreign Funds by Third Parties)
Strict liability offences — summary convictionEvery third party is guilty of an offence who contravenessection 349.02 (use of foreign contributions); orparagraph 349.03(a) (circumventing prohibition) or 349.03(b) (colluding to circumvent prohibition).Offences requiring intent — dual procedureEvery third party who knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.2018, c. 31, s. 336
Offences under Division 1 of Part 17 (Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period)
Strict liability offences — summary convictionEvery person is guilty of an offence who, being a third party, contravenesany of subsections 349.1(1) to (3) (exceeding pre-election period expenses limits);section 349.4 (foreign third party incurring pre-election period expenses);section 349.5 (failure to identify self in advertising);subsection 349.6(1) (failure to register);section 349.7 (failure to appoint financial agent) or subsection 349.8(1) (failure to appoint auditor);subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return) or 349.91(10) (failure to provide documents evidencing expenses on request);paragraph 349.93(b) (filing interim third-party expenses return that is substantially incomplete); orsection 349.94 (use of anonymous contributions).Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a third party, knowingly contravenes any of subsections 349.1(1) to (3) or section 349.2 (exceeding or circumventing pre-election period expenses limits);being a third party or registered party, knowingly contravenes subsection 349.3(1) (colluding to influence third party);being a third party or potential candidate, knowingly contravenes subsection 349.3(2) (colluding to influence third party);being a third party or official agent of a potential candidate, knowingly contravenes subsection 349.3(3) (colluding to influence third party);being a third party, knowingly contravenes section 349.4 (foreign third party incurring pre-election period expenses);being a third party, knowingly contravenes subsection 349.6(1) (failure to register);knowingly contravenes subsection 349.7(2) or 349.8(3) (ineligible person acting as financial agent or auditor);being a third party, knowingly contravenes subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return); orbeing a third party, contravenes paragraph 349.93(a) or knowingly contravenes paragraph 349.93(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).2018, c. 31, s. 336
Offences under Division 2 of Part 17 (Partisan Activities, Election Advertising and Election Surveys During Election Period)
Strict liability offences — summary convictionEvery person is guilty of an offence who, being a third party, contravenesany of subsections 350(1) to (4) (exceeding election period expenses limits);section 351.1 (foreign third party incurring election period expenses);section 352 (failure to identify self in advertising);subsection 353(1) (failure to register);section 354 (failure to appoint financial agent) or subsection 355(1) (failure to appoint auditor);subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return) or 357.01(10) (failure to provide documents evidencing expenses on request);paragraph 357.03(b) (filing interim third-party expenses return that is substantially incomplete); orsection 357.1 (use of anonymous contributions).[Repealed, 2018, c. 31, s. 337]Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a third party, knowingly contravenes any of subsections 350(1) to (4) or section 351 (exceeding or circumventing election period expenses limits);being a third party or registered party, knowingly contravenes subsection 351.01(1) (colluding to influence third party);being a third party or candidate, knowingly contravenes subsection 351.01(2) (colluding to influence third party);being a third party or official agent of a candidate, knowingly contravenes subsection 351.01(3) (colluding to influence third party);being a third party, knowingly contravenes section 351.1 (foreign third party incurring election period expenses);being a third party, knowingly contravenes subsection 353(1) (failure to register);knowingly contravenes subsection 354(2) or 355(3) (ineligible person acting as financial agent or auditor); orbeing a third party, knowingly contravenes subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return); orbeing a third party, contravenes paragraph 357.03(a) or knowingly contravenes paragraph 357.03(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).2000, c. 9, s. 496; 2014, c. 12, s. 972018, c. 31, s. 337
Offences under Division 3 of Part 17 (Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns)
Strict liability offences — summary convictionEvery person is guilty of an offence who, being a third party, contravenessection 358.1 (failure to satisfy bank account requirements);subsection 359(1) (failure to file third-party expenses return) or 359(9) (failure to provide documents evidencing expenses on request);paragraph 359.1(b) (filing third-party expenses return that is substantially incomplete);subsection 361(3) (failure to provide corrected or revised return within specified period); orsubsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).Offences requiring intent — dual procedureEvery person is guilty of an offence who, being a third party,knowingly contravenes subsection 359(1) (failure to file third-party expenses return);contravenes paragraph 359.1(a) or knowingly contravenes paragraph 359.1(b) (filing third-party expenses return that contains false or misleading information or one that is incomplete);knowingly contravenes subsection 361(3) (failure to provide corrected or revised return within specified period); orknowingly contravenes subsection 361.2(3) (failure to provide corrected or revised return within 30-day period or any extension of that period).2018, c. 31, s. 338
Offences under Part 18 (Finance)Offences under Division 1 of Part 18 (General Financial Provisions)
Strict liability offences — summary convictionEvery person is guilty of an offence whobeing a person or entity, contravenes subsection 363(1) (making contribution while ineligible);being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes subsection 363(2) (failure to return or pay amount of ineligible contribution);being a person or entity, contravenes subsection 364(9) (paying convention fees while ineligible);being a registered party or an electoral district association of one, contravenes subsection 365(1) (making prohibited transfer);being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, contravenes section 366 (failure to issue receipt);being a person or entity, contravenes subsection 368(1) (circumventing contribution limit);being a person or entity, contravenes subsection 368(2) (concealing source of contribution);being an individual, contravenes section 370 (making indirect contributions);being a person authorized under this Act to accept contributions, contravenes section 372 (failure to return or pay amount of contribution);being a person or entity, contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money);being an individual, contravenes section 374 (making indirect loans);contravenes subsection 380(1) or (2) (failure to document payment); orbeing a person authorized to pay petty expenses, contravenes subsection 381(3) (failure to provide documentation of petty expenses) or 381(4) (paying more than the maximum amount of petty expenses).Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a person or entity, knowingly contravenes subsection 363(1) (making contribution while ineligible);being a registered party or an electoral district association of one, knowingly contravenes subsection 365(1) (making prohibited transfer);being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, knowingly contravenes section 366 (failure to issue receipt);being an individual, knowingly contravenes subsection 367(1) or (6) (exceeding contribution limit);being a person or entity, knowingly contravenes subsection 368(1) (circumventing contribution limit);being a person or entity, knowingly contravenes subsection 368(2) (concealing source of contribution);being a person entitled to accept contributions under this Act, knowingly contravenes subsection 368(3) (accepting excessive contribution);being a person or entity, knowingly contravenes subsection 368(4) (entering prohibited agreement);being a person or entity, contravenes subsection 369(1) (soliciting or accepting contribution);being a person or entity, contravenes subsection 369(2) (collusion);being an individual, knowingly contravenes section 370 (making indirect contributions);being an individual, knowingly contravenes section 371 (exceeding cash contribution limit);being a person authorized under this Act to accept contributions, knowingly contravenes section 372 (failure to return or pay amount of contribution);being a person or entity, knowingly contravenes subsection 373(1) or (2) (making a loan, guaranteeing a loan or borrowing money); orbeing an individual, knowingly contravenes section 374 (making indirect loans).2000, c. 9, s. 497; 2003, c. 19, s. 58; 2004, c. 24, s. 21; 2006, c. 9, s. 57; 2007, c. 21, s. 39; 2014, c. 12, ss. 98, 992018, c. 31, s. 339
Offences under Division 1.1 of Part 18 (Regulated Fundraising Events)
Strict liability offences — summary convictionEvery person is guilty of an offence whobeing a registered party, contravenes subsection 384.2(1) or (4) (failure to publish information about regulated fundraising event);being a person or entity, contravenes subsection 384.2(3) (failure to provide information about regulated fundraising event);being a registered party, contravenes subsection 384.2(4.1) (failure to notify Chief Electoral Officer of regulated fundraising event);being a registered party, contravenes subsection 384.2(5) or (7) (failure to replace old information about regulated fundraising event on its Internet site);being a person or entity, contravenes subsection 384.2(6) (failure to provide new information about regulated fundraising event);being a chief agent, contravenes subsection 384.3(1), (6) or (6.1) (failure to provide report on regulated fundraising event);being a chief agent, contravenes subsection 384.3(3) (including prohibited name or address in report on regulated fundraising event);being a person or entity, contravenes subsection 384.3(4), (4.1), (9) or (9.1) (failure to provide information about regulated fundraising event);being a person or entity, contravenes subsection 384.3(5) or (10) (including prohibited name or address in information about regulated fundraising event);being a chief agent, contravenes subsection 384.3(8) or (8.1) (failure to provide report on all regulated fundraising events);being a chief agent, contravenes subsection 384.3(12) (including prohibited name or address in report on all regulated fundraising events);being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes section 384.4 (failure to return or pay amount of contribution); orbeing a chief agent or the leader of a registered party, contravenes subsection 384.7(3) (failure to provide corrected or revised report within 30-day period or any extension of that period).2018, c. 20, s. 9
Offences under Division 2 of Part 18 (Political Parties)
Strict liability offences — summary convictionEvery person is guilty of an offence whobeing a registered party, contravenes section 392 (failure to provide statement of assets and liabilities or related documents);being a registered party, contravenes subsection 396(2) or, being a registered party or an eligible party, contravenes subsection 395(4), section 399, subsection 400(1) or (2) or section 401 (failure to comply with requirements re: officers, chief agent, registered agents or auditor);being a registered party, contravenes subsection 405(1) or (4) (failure to report changes to registered party information);being a registered party, contravenes section 407 (failure to confirm validity of information on party);being a chief agent of a deregistered political party, contravenes section 420 (failure to provide financial transactions return or election expenses return or related documents);being a chief agent of a merging registered party, contravenes section 424 (failure to provide financial transactions return or related documents);being a chief agent, contravenes section 428 (failure to pay recoverable claim within three years);being a chief agent, contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);being a registered party, contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);being a third party, contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);being a registered party or a person acting on behalf of a registered party, contravenes section 429.3 (failure to indicate authority for partisan advertising);being a chief agent, contravenes subsection 431(1) (exceeding election expenses limit);being a third party, contravenes subsection 431(2) (colluding to circumvent election expenses limit);being a chief agent, contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);being a chief agent, contravenes section 433 (failure to provide quarterly return);being a registered agent, contravenes section 434 (failure to pay excess contributions);being a chief agent, contravenes paragraph 436(b) (providing document that is substantially incomplete);being a chief agent, contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);being a chief agent, contravenes paragraph 439(b) (providing document that is substantially incomplete);being a chief agent, contravenes subsection 440(3) (failure to provide corrected or revised document within specified period);being a chief agent or the leader of a registered party, contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period); orbeing the chief executive officer of a provincial division, contravenes subsection 446(5) (failure to report provincial division changes).Offences requiring intent — summary convictionEvery person is guilty of an offence whobeing a person or entity other than a registered agent or a person authorized under subsection 381(1), knowingly contravenes subsection 426(1) or (2) (paying or incurring registered party’s expenses);being a person or entity other than a registered agent, knowingly contravenes subsection 426(3) (accepting contributions or borrowing while ineligible); orbeing a person or entity other than a registered agent, knowingly contravenes subsection 426(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a registered party, knowingly contravenes section 392 (failure to provide statement of assets and liabilities or related documents);knowingly contravenes subsection 403(1), (2) or (3) (ineligible person acting as officer, chief agent, registered agent or auditor);being an officer of a party, contravenes section 404 (officer knowing party not a political party);being a leader of a party, contravenes subsection 408(1), (3) or (4) (providing or certifying false or misleading information or making false or misleading declaration);being a registered party or an eligible party, contravenes subsection 408(2) (providing false or misleading information);contravenes subsection 408(5) (making false or misleading declaration);being a chief agent of a deregistered political party, knowingly contravenes section 420 (failure to provide transactions return or election expenses return or related documents);being a chief agent of a merging registered party, knowingly contravenes section 424 (failure to provide financial transactions returns or related documents);being a registered agent other than the chief agent, knowingly contravenes subsection 426(2.1) (failure to obtain written authorization to incur registered party’s expenses or incurring them contrary to authorization);being a chief agent, knowingly contravenes subsection 429.2(1) (exceeding partisan advertising expenses limit);being a registered party, knowingly contravenes subsection 429.2(2) (circumventing partisan advertising expenses limit);being a third party, knowingly contravenes subsection 429.2(3) (colluding to circumvent partisan advertising expenses limit);being a chief agent, knowingly contravenes subsection 431(1) (exceeding election expenses limit);being a registered party or a third party, knowingly contravenes subsection 431(2) (colluding to circumvent election expense limit);being a chief agent, knowingly contravenes subsection 432(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);being a chief agent, knowingly contravenes section 433 (failure to provide quarterly return);being a registered agent, knowingly contravenes section 434 (failure to pay excess contributions);being a chief agent, contravenes paragraph 436(a) (providing document that contains false or misleading information);being a chief agent, knowingly contravenes subsection 437(1), (2) or (3) (failure to provide election expenses return or related documents);being a chief agent, contravenes paragraph 439(a) (providing document that contains false or misleading information);being a chief agent, knowingly contravenes subsection 440(3) (failure to provide corrected or revised document within specified period); orbeing a chief agent or the leader of a registered party, knowingly contravenes subsection 442(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).2014, c. 12, s. 992018, c. 31, s. 340
Offences under Division 3 of Part 18 (Electoral District Associations)
Strict liability offences — summary convictionEvery person is guilty of an offence whobeing an electoral district association of a registered party, contravenes section 447 (financial activity while unregistered);being an electoral district association of a registered party, contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);being a registered association, contravenes section 449.2 (failure to indicate authority for partisan advertising);being an electoral district association of a registered party, contravenes subsection 450(1) (incurring election expenses);being a registered association, contravenes section 451 (failure to provide statement of assets and liabilities or related documents);being the financial agent of a registered association, contravenes section 452 (making erroneous declaration);being a registered association, contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);being a registered association, contravenes section 459, 460 or 461 (failure to comply with requirements re: appointment of financial agent or auditor);being a registered association, contravenes subsection 463(1) (failure to report changes to registered association information);being a registered association, contravenes section 464 (failure to confirm validity of information concerning association);being the financial agent of a deregistered electoral district association, contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);being the financial agent of a registered association, contravenes section 475.2 (failure to pay recoverable claim within three years);being the financial agent of a registered association, contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);being the financial agent of a registered association, contravenes section 475.5 (failure to pay excess contributions);being the financial agent of a registered association, contravenes paragraph 475.7(b) (providing document that is substantially incomplete);being the financial agent of a registered association, contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); orbeing the financial agent or the chief executive officer of a registered association, contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).Offences requiring intent — summary convictionEvery person is guilty of an offence whobeing a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(1) or (2) (paying or incurring registered association’s expenses while ineligible);being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 475(3) (accepting contributions while ineligible); orbeing a person or entity other than the financial agent of a registered association, knowingly contravenes subsection 475(4) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds).Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing an electoral district association, knowingly contravenes section 447 (financial activity while unregistered);being an electoral district association of a registered party, knowingly contravenes subsection 449.1(1) (incurring certain partisan advertising expenses or, during a pre-election period, transmitting certain partisan advertising messages);being an electoral district association of a registered party, knowingly contravenes subsection 450(1) (incurring election expenses);being a registered association, knowingly contravenes section 451 (failure to provide statement of assets and liabilities or related documents);being the financial agent of a registered association, knowingly contravenes section 452 (making erroneous declaration);being a registered association, knowingly contravenes subsection 456(2) (failure to comply with requirements re: appointment of electoral district agent);being a person, knowingly contravenes subsection 462(1) or (2) (acting as financial agent, electoral district agent or auditor when ineligible to do so);being the financial agent of a deregistered electoral district association, knowingly contravenes section 473 (failure to provide financial transactions return for fiscal period or related documents);being the financial agent of a registered association, knowingly contravenes subsection 475.4(1), (2), (3) or (5) (failure to provide financial transactions return or related documents);being the financial agent of a registered association, knowingly contravenes section 475.5 (failure to pay excess contributions);being the financial agent of a registered association, contravenes paragraph 475.7(a) (providing document that contains false or misleading information);being the financial agent of a registered association, knowingly contravenes subsection 475.9(3) (failure to provide corrected or revised document within specified period); orbeing the financial agent or chief executive officer of a registered association, knowingly contravenes subsection 475.92(3) (failure to provide corrected or revised document within 30-day period or any extension of that period).2014, c. 12, s. 992018, c. 31, s. 341
Offences under Division 4 of Part 18 (Nomination Contestants)
Strict liability offences — summary convictionEvery person is guilty of an offence whobeing a registered party or registered association, contravenes subsection 476.1(1) (failure to notify of nomination contest);being a nomination contestant, contravenes section 476.3 (failure to appoint financial agent);being a nomination contestant, contravenes section 476.5, 476.6 or 476.61 (failure to comply with requirements re: appointment of financial agent);being a nomination contestant, contravenes subsection 476.63(1) or (2) (failure to report changes in nomination contestant information);being the financial agent of a nomination contestant, contravenes section 476.65 (failure to satisfy bank account requirements);being a nomination contestant or the financial agent of one, contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);being a nomination contestant or the financial agent of one, contravenes subsection 476.7(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);being the financial agent of a nomination contestant, contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);being a nomination contestant, contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign ret­urn);being the financial agent of a nomination contestant, contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);being the financial agent of a nomination contestant, contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);being the financial agent of a nomination contestant, contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);being a nomination contestant, contravenes subsection 476.77(1) (failure to appoint auditor);being a nomination contestant, contravenes subsection 476.77(4) or (5) or section 476.78 (failure to comply with requirements re: appointment of auditor);being a nomination contestant, contravenes subsection 476.82(1) or (3) (failure to send written statement or advise financial agent);being the financial agent of a nomination contestant, contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);being a nomination contestant or the financial agent of one, contravenes subsection 476.85(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);being the financial agent of a nomination contestant, contravenes paragraph 476.9(b) (providing document that is substantially incomplete); orbeing the financial agent of a nomination contestant, contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a registered party or registered association, knowingly contravenes subsection 476.1(1) (failure to notify of nomination contest);being a person, knowingly contravenes section 476.62 (acting as financial agent when ineligible to do so);being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(1) (acceptance of contribution while ineligible);being a person or entity other than the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);being the financial agent of a nomination contestant, knowingly contravenes subsection 476.66(3) (accepting prohibited contribution);being a person or entity, knowingly contravenes subsection 476.66(4), (5) or (6) (paying or incurring nomination campaign expenses while ineligible);being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);being a person or entity, contravenes subsection 476.68(2) (circumventing nomination contest expenses limit);being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(1), (2), (5) or (7) (failure to provide nomination campaign return or related documents);being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(4);being a nomination contestant, knowingly contravenes subsection 476.75(8) (failure to send declaration re: nomination campaign return to financial agent) or subsection 476.81(1) (failure to provide Chief Electoral Officer with declaration re: nomination campaign return);being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(10) or (15) (failure to provide report on payment of claim);being the financial agent of a nomination contestant, knowingly contravenes subsection 476.75(11) or (12) (failure to provide updated version of statement of unpaid claims);being the financial agent of a nomination contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 476.75(14);being the financial agent of a nomination contestant, knowingly contravenes section 476.76 (failure to pay the value of contributions that cannot be returned);being a person, knowingly contravenes section 476.79 (acting as auditor when ineligible to do so);being the financial agent of a nomination contestant, knowingly contravenes subsection 476.83(3) (failure to provide corrected or revised document within specified period);being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.85(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);being a nomination contestant, contravenes section 476.891 (sending false or misleading declaration);being the financial agent of a nomination contestant, contravenes paragraph 476.9(a) or knowingly contravenes paragraph 476.9(b) (providing document that contains false or misleading information or that is substantially incomplete); orbeing the financial agent of a nomination contestant, knowingly contravenes subsection 476.92(2) or (3) or section 476.93 (failure to dispose of surplus nomination campaign funds).2014, c. 12, s. 99; 2018, c. 20, s. 102018, c. 31, ss. 342, 399
Offences under Division 5 of Part 18 (Candidates)
Strict liability offences — summary convictionEvery person is guilty of an offence whobeing a candidate, contravenes subsection 477.1(1) (failure to appoint official agent);being a candidate, contravenes subsection 477.1(2) (failure to appoint auditor);being a candidate, contravenes section 477.42 (failure to appoint a replacement official agent or auditor);being an official agent, contravenes section 477.46 (failure to satisfy bank account requirements);being a candidate, an official agent or a person authorized under paragraph 477.55(c), contravenes subsection 477.52(1) (exceeding election expenses limit) or, being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);being a candidate or an official agent, contravenes subsection 477.54(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);being an official agent, contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);being a candidate, contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);being an official agent, contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);being an official agent, contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);being an official agent, contravenes section 477.61 (failure to pay value of contribution that cannot be returned);being a candidate, contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);being an official agent, contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);being a candidate or the official agent of one, contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);being an official agent, contravenes paragraph 477.72(1)(b) (providing document that is substantially incomplete);being an official agent, contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);being a registered agent or financial agent, contravenes section 477.85 (improper or unauthorized transfer of funds);being an official agent, contravenes subsection 477.88(2) (failure to return unused income tax receipts);being a candidate, contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);being a candidate, contravenes subsection 477.9(5) (failure to provide statement within required period);being a candidate, contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); orbeing a candidate, contravenes paragraph 477.95(b) (providing incomplete statement).Offences requiring intent — dual procedureEvery person is guilty of an offence whoknowingly contravenes subsection 477.44(1) or (2) (ineligible person acting as official agent or auditor);being a person or entity other than an official agent, knowingly contravenes subsection 477.47(1) or (2) (accepting contributions or providing receipts for them);being a person or entity other than an official agent, knowingly contravenes subsection 477.47(3) (while ineligible, accepting provision of goods or services or transfer of funds or providing goods or services or transferring funds);being a person or entity other than an official agent, knowingly contravenes subsection 477.47(4) (paying electoral campaign expenses);being a person or entity other than a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.47(5) (incurring electoral campaign expenses);being a candidate, knowingly contravenes subsection 477.47(5.1) (failure to obtain written authorization to incur election expense or incurring it contrary to authorization);being a person or entity other than a candidate or official agent, knowingly contravenes subsection 477.47(6) (paying certain expenses);[Repealed, 2018, c. 31, s. 343]being a candidate, an official agent or a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.52(1) (exceeding election expenses limit);being a candidate, an official agent, a person authorized under paragraph 477.55(c) or a third party, contravenes subsection 477.52(2) (colluding to circumvent election expenses limit);being a person authorized under paragraph 477.55(c), knowingly contravenes subsection 477.551 (entering into contract in relation to electoral campaign without authorization);being an official agent, knowingly contravenes subsection 477.59(1), (2), (5) or (7) (failure to provide electoral campaign return or related documents);being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(4);being a candidate, knowingly contravenes subsection 477.59(8) (failure to send declaration re: electoral campaign return to official agent) or subsection 477.63(1) (failure to provide Chief Electoral Officer with declaration re: electoral campaign return);being an official agent, knowingly contravenes subsection 477.59(10) or (15) (failure to provide report on payment of claim);being an official agent, knowingly contravenes subsection 477.59(11) or (12) (failure to provide updated version of statement of unpaid claims);being an official agent, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 477.59(14);being an official agent, knowingly contravenes section 477.61 (failure to pay value of contribution made by unknown contributor);being a candidate, knowingly contravenes subsection 477.64(1) or (3) (failure to send written statement or advise official agent);being an official agent, knowingly contravenes subsection 477.65(3) (failure to provide corrected or revised document within specified period);being a candidate or the official agent of one, knowingly contravenes subsection 477.67(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);being a candidate, contravenes section 477.711 (sending false or misleading declaration);being an official agent, contravenes paragraph 477.72(1)(a) or knowingly contravenes paragraph 477.72(1)(b) (providing document that contains false or misleading statement or one that is incomplete);being an official agent, knowingly contravenes subsection 477.81(2) or (3) or section 477.82 (failure to dispose of surplus electoral funds);being a registered agent or financial agent, knowingly contravenes section 477.85 (unauthorized or improper transfer of funds);being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);being a candidate, knowingly contravenes subsection 477.9(5) (failure to provide statement within required period);being a candidate, knowingly contravenes subsection 477.92(3) (failure to provide corrected or revised statement within 30-day period or any extension of that period); orbeing a candidate, contravenes paragraph 477.95(a) (providing statement containing false or misleading information) or knowingly contravenes paragraph 477.95(b) (providing incomplete statement).2014, c. 12, s. 992018, c. 31, s. 343
Offences under Division 6 of Part 18 (Leadership Contestants)
Strict liability offences — summary convictionEvery person is guilty of an offence whobeing a registered party, contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);being a person, contravenes subsection 478.2(1) (failure to register for a leadership contest);being a leadership contestant, contravenes subsection 478.5(2) or section 478.62, 478.63 or 478.64 (failure to comply with requirements re: appointment of leadership campaign agent, financial agent or auditor);being a leadership contestant, contravenes subsection 478.66(1) or (2) (failure to report changes to leadership contestant information);being a leadership contestant, contravenes section 478.67 (failure to file statement of withdrawal);being a registered party, contravenes section 478.68 (failure to file statement of withdrawal of acceptance);being the financial agent of a leadership contestant, contravenes section 478.72 (failure to satisfy bank account requirements);being a leadership contestant or the financial agent of one, contravenes subsection 478.75(1) or (2) (failure to pay recoverable claim within three years or paying without authorization);being the financial agent of a leadership contestant, contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);being a leadership contestant, contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);being the financial agent of a leadership contestant, contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);being the financial agent of a leadership contestant, contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);being the financial agent of a leadership contestant, contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);being the financial agent of a leadership contestant, contravenes section 478.82 (failure to forward certain contributions);being a leadership contestant, contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);being the financial agent of a leadership contestant, contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);being a leadership contestant or the financial agent of one, contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);being the financial agent of a leadership contestant, contravenes paragraph 478.93(b) (providing document that is substantially incomplete); orbeing the financial agent of a leadership contestant, contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a registered party, knowingly contravenes subsection 478.1(1) or (2) (failure to inform of leadership contest or related changes);being a person, knowingly contravenes subsection 478.2(1) (failure to register for a leadership contest);being a person, knowingly contravenes subsection 478.65(1) or (2) (acting as financial agent, leadership campaign agent or auditor when ineligible to do so);being a leadership contestant, knowingly contravenes section 478.67 (failure to file statement of withdrawal);being a registered party, knowingly contravenes section 478.68 (failure to file statement of withdrawal of acceptance);being a person or entity other than a leadership campaign agent, knowingly contravenes subsection 478.73(1) (acceptance of contribution while ineligible);being a person or entity other than a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(2) (while ineligible, accepting provision of goods or services or transfer of funds or transferring funds);being a leadership campaign agent of a leadership contestant, knowingly contravenes subsection 478.73(3) (accepting prohibited contribution);being a person or entity, knowingly contravenes subsection 478.73(4) or (5) (paying or incurring expenses for specified purposes while ineligible);being a person or entity, knowingly contravenes subsection 478.73(6) (paying certain expenses of leadership contestant while ineligible);being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(1), (2), (5) or (7) (failure to provide leadership campaign return or related documents);being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(4);being a leadership contestant, knowingly contravenes subsection 478.8(8) (failure to send declaration re: leadership campaign return to financial agent) or subsection 478.84(1) (failure to provide Chief Electoral Officer with declaration re: leadership campaign return);being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(10) or (15) (failure to provide report on payment of claim);being the financial agent of a leadership contestant, knowingly contravenes subsection 478.8(11) or (12) (failure to provide updated version of statement of unpaid claims);being the financial agent of a leadership contestant, knowingly fails to comply with a requirement of the Chief Electoral Officer under subsection 478.8(14);being the financial agent of a leadership contestant, knowingly contravenes any of subsections 478.81(1) to (3) (failure to provide return on contributions or related documents);being the financial agent of a leadership contestant, knowingly contravenes section 478.82 (failure to forward certain contributions);being a leadership contestant, knowingly contravenes subsection 478.85(1) or (3) (failure to send written statement or advise financial agent);being the financial agent of a leadership contestant, knowingly contravenes subsection 478.86(3) (failure to provide corrected or revised document within specified period);being a leadership contestant or the financial agent of one, knowingly contravenes subsection 478.88(3) (failure to provide corrected or revised document within 30-day period or any extension of that period);being a leadership contestant, contravenes section 478.921 (sending false or misleading declaration);being the financial agent of a leadership contestant, contravenes paragraph 478.93(a) or knowingly contravenes paragraph 478.93(b) (providing document that contains false or misleading information or that is substantially incomplete); orbeing the financial agent of a leadership contestant, knowingly contravenes subsection 478.95(2) or (3) or section 478.96 (failure to dispose of surplus leadership campaign funds).2014, c. 12, s. 992018, c. 31, s. 344
Offences under this Part (Enforcement)
Strict liability offence — summary convictionEvery chief agent of a registered party is guilty of an offence who fails to comply with a requirement of the Commissioner under section 510.001.Offence requiring intent — dual procedureEvery person is guilty of an offence whoknowingly contravenes subsection 479(4) (refusal to obey order to leave office or place); orbeing the chief agent of a registered party, knowingly fails to comply with a requirement of the Commissioner under section 510.001.2000, c. 9, s. 4982018, c. 31, s. 344.1
Offences under Part 21 (General)
Strict liability offence — summary convictionEvery person who contravenes subsection 548(1) (removal of posted election documents) is guilty of an offence.Offences requiring intent — dual procedureEvery person is guilty of an offence whoknowingly contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); orbeing a candidate, knowingly contravenes section 550 (signing document that limits freedom of action in Parliament).2000, c. 9, s. 4992018, c. 31, s. 345
Punishment
Punishment — strict liability offencesEvery person who is guilty of an offence under any of subsections 484(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.Punishment — strict liability offencesEvery person who is guilty of an offence under section 497.01 is liable on summary conviction to a fine of not more than $1,000.Punishment — offences requiring intent (summary conviction)Every person who is guilty of an offence under any of subsections 484(2) and 486(2), paragraph 487(1)(a), subsections 488(1) and 489(2), sections 491.1 and 493 and subsections 495(2) and (3), 497.1(2) and 497.2(2) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.Punishment — offences requiring intent (summary conviction)Every person who is guilty of an offence under subsection 485(1) or paragraph 487(1)(b) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both.[Repealed, 2014, c. 12, s. 100]Punishment — offences requiring intent (summary conviction — fine only)Every person who is guilty of an offence under subsection 495(4) is liable on summary conviction to a fine of not more than $50,000.Punishment — offences requiring intent (dual procedure)Every person who is guilty of an offence under any of subsections 480(1) and (2), 480.1(1), 481(1) and 482(1), section 482.1, subsections 484(3), 485(2), 486(3) and (4), 487(2), 488(2) and 489(3), section 490, subsection 491(3), section 491.2, subsection 492(2), section 494, subsections 495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2), 497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liableon summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than one year, or to both; oron conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than five years, or to both.Additional punishment — third partiesEvery third party that is guilty of an offence under paragraph 495.21(1)(a) or (b) or subsection 495.21(2) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount of the funds whose source was a foreign entity that were used, or the amount of the funds that were used to circumvent the prohibition on using funds whose source is a foreign entity.Additional punishment — third partiesEvery third party that is guilty of an offence under paragraph 495.3(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the pre-election period expenses limit in question.Additional punishment — third partiesEvery third party that is guilty of an offence under paragraph 496(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the election period expenses limit in question.2000, c. 9, s. 500; 2007, c. 21, s. 39.1; 2014, c. 12, s. 100; 2018, c. 20, s. 112018, c. 31, s. 346
Additional penaltiesWhen a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order direct the person toperform community service, subject to any reasonable conditions that may be specified in the order;if the offence results, directly or indirectly, in a financial benefit under this Act, or a contribution for which a receipt referred to in subsection 127(3) of the Income Tax Act was issued, pay to the Receiver General an amount that is not more than the financial benefit or contribution, as the case may be;compensate any other person who has suffered damages as a result of the commission of the offence;perform any obligation the non-performance of which gave rise to the offence; ortake any other reasonable measure that the court considers appropriate to ensure compliance with this Act.Additional penaltiesIf a registered party, its chief agent or registered agent or one of its officers has been convicted of an offence referred to in subsection (3), the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order,direct the Chief Electoral Officer to deregister the party;if it directs deregistration under paragraph (a), direct the chief agent — or another person specified by the court — to liquidate the party’s assets; andif it directs liquidation under paragraph (b), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association’s assets.OffencesFor the purposes of subsection (2), the provisions are the following:paragraph 497(2)(h) (entering into prohibited agreement);paragraph 497(2)(i) (soliciting or accepting contribution);paragraph 497(2)(j) (collusion);paragraph 497.1(3)(d) (providing or certifying false or misleading information or making false or misleading declaration);paragraph 497.1(3)(e) (providing false or misleading information);paragraph 497.1(3)(k) (failure to provide financial transactions return or related documents);paragraph 497.1(3)(n) (providing document that contains false or misleading information);paragraph 497.1(3)(p) (providing document that contains false or misleading information); andparagraph 497.2(3)(h) (failure to provide financial transactions return or related documents).Documents to be provided to Chief Electoral OfficerThe chief agent or specified person shall, within six months after being directed to liquidate the party’s assets under subsection (2), provide to the Chief Electoral Officera statement — prepared in accordance with generally accepted accounting principles — of the fair market value of the party’s assets and liabilities on the day of the order;a report by the party’s auditor to the chief agent or specified person containing the auditor’s opinion as to whether the statement presents, in accordance with generally accepted auditing standards, the fair market value of those assets and liabilities; anda declaration in the prescribed form by the chief agent or specified person concerning that statement.Remittance to Receiver GeneralWithin three months after providing the documents referred to in subsection (4), the chief agent or specified person shall remit an amount equal to any net balance of the assets over liabilities, calculated on the basis of the statement mentioned in paragraph (4)(a), to the Chief Electoral Officer who shall forward that amount to the Receiver General.Liability of chief agentThe chief agent or specified person is liable for the remittance of the amount referred to in subsection (5).Application to registered associationsSubsections (4) to (6) apply to the liquidation of a registered association’s assets under subsection (2) and any reference in those subsections to “party” and “chief agent” shall be read as a reference to “registered association” and “financial agent”, respectively.2000, c. 9, s. 501; 2004, c. 24, s. 22; 2014, c. 12, s. 101
Illegal Practices and Corrupt Practices
Illegal practiceEvery person is guilty of an offence that is an illegal practice whobeing a candidate or an official agent of a candidate, contravenes section 92 (publication of false statement of withdrawal of candidate);being a candidate or an official agent, contravenes subsection 330(2) (foreign broadcasting);being an official agent, a candidate or a person authorized under paragraph 477.55(c), knowingly contravenes section 477.52 (exceeding election expenses limit);being a candidate or an official agent of a candidate, commits an offence under subsection 480(1) (obstructing electoral process) or 480(2) (inciting, conspiring to act in disorderly manner);being a candidate, contravenes subsection 549(3) (making false declaration in solemn declaration or affidavit) or 549(4) (compelling or inducing false declaration); orbeing a candidate, contravenes section 550 (signing of document that limits freedom of action in Parliament).Corrupt practiceEvery person is guilty of an offence that is a corrupt practice who[Repealed, 2018, c. 31, s. 347]being a candidate or an official agent of a candidate, contravenes paragraph 43(a) (obstruction of election officer);being a candidate or an official agent of a candidate, knowingly contravenes paragraph 43(b) (impersonation of election officer);being a candidate or an official agent of a candidate, contravenes paragraph 56(b) (making false statement to have person deleted from Register of Electors);being a candidate or an official agent of a candidate, contravenes paragraph 56(c) or (d) (forbidden acts re Register of Electors);contravenes section 89 (signing of nomination paper when ineligible);[Repealed, 2014, c. 12, s. 102]contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);contravenes section 281.5 (only one vote);contravenes paragraph 281.7(1)(a) (request or apply for a ballot or special ballot under false name);being a candidate or an official agent of a candidate, commits an offence under subsection 282.7(1) (offering bribe);being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);being a candidate or an official agent of a candidate, commits an offence under subsection 480.1(1) (impersonation); orbeing a candidate or an official agent of a candidate, commits an offence under section 482.1 (obstruction).[Repealed, 2018, c. 31, s. 347]Consequences of illegal, corrupt practicesAny person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled tobe elected to or sit in the House of Commons; orhold any office in the nomination of the Crown or of the Governor in Council.2000, c. 9, s. 502; 2006, c. 9, s. 58; 2014, c. 12, s. 1022018, c. 31, s. 347
Miscellaneous Provisions
Deregistered partiesA political party that is deregistered during a pre-election period does not commit an offence under paragraph 495.3(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in section 349.1.Prior expenses applied against spending limitIf subsection (1) applies, then partisan activity expenses, partisan advertising expenses and election survey expenses incurred before the deregistration shall be applied against any maximum amount set out in section 349.1 and, if the limit is exceeded, the political party shall not incur any additional partisan activity expenses, partisan advertising expenses or election survey expenses.Deregistered partiesA political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in section 350.Eligible partyAn eligible party that does not become a registered party during the election period of a general election does not commit an offence under paragraph 496(1)(a) or (2)(a) if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in section 350.Prior expenses applied against spending limitIf subsection (1.2) or (2) applies, then partisan activity expenses, election advertising expenses and election survey expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against any maximum amount set out in section 350 and, if the maximum amount is exceeded, the party shall not incur any additional partisan activity expenses, election advertising expenses or election survey expenses.2000, c. 9, s. 503; 2003, c. 19, s. 59; 2014, c. 12, s. 1032018, c. 31, s. 348
Judicial proceedings and compliance agreementsIn the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association,the party or association is deemed to be a person; andany act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be.2000, c. 9, s. 504; 2001, c. 21, s. 24; 2003, c. 19, s. 60
Prosecution of third parties — groupsIf a third party that is a group commits an offence under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the person who is responsible for the group or its financial agent commits the offence if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the offence.Prosecution of third parties — vicarious liabilityFor the purpose of a prosecution brought against a third party under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the third party is deemed to be a person and any act or omission of the person who signed the application for registration in respect of the third party — or, in the absence of an application, the person who would have signed it — or the third party’s financial agent, within the scope of that person’s or financial agent’s authority, is deemed to be an act or omission of the third party.Prosecution of third parties — groups or corporations ($50,000)If a third party that is a group or corporation commits an offence under paragraph 495.3(1)(d) or 496(1)(c), the third party is liable on conviction to a fine of not more than $50,000 instead of the punishment set out in subsection 500(1).Prosecution of third parties — groups or corporations ($100,000)If a third party that is a group or corporation commits an offence under paragraph 495.3(2)(e) or 496(2)(e), the third party is liable on conviction to a fine of not more than $100,000 instead of the punishment set out in subsection 500(5).2000, c. 9, s. 505; 2014, c. 12, s. 1042018, c. 31, s. 349
Deeming — calling service providersFor the purpose of a prosecution brought under subsection 495.1(1) or (2) against a calling service provider that is a group or for the purpose of entering into a compliance agreement with the calling service provider,the calling service provider is deemed to be a person; andany act or thing done or omitted to be done by a member of the calling service provider within the scope of their authority to act is deemed to be an act or thing done or omitted to be done by the calling service provider.2014, c. 12, s. 105
Deeming — third parties that are groupsFor the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party that is a group or for the purpose of entering into a compliance agreement with the third party, the third party is deemed to be a person.Official representativesIf a third party that is a group commits an offence under subsection 495.2(1) or (2), its official representative commits the offence if he or she authorized, consented to or participated in the act or omission that constitutes the offence.2014, c. 12, s. 105
Prosecution of third parties — vicarious liabilityFor the purpose of a prosecution brought under subsection 495.2(1) or (2) against a third party, any act or omission of its official representative is deemed to be an act or omission of the third party.2014, c. 12, s. 105
InterpretationFor the purposes of sections 505.1 to 505.3, calling service provider, group, official representative and third party have the same meaning as in section 348.01.2014, c. 12, s. 105
Deregistered party — strict liabilityA deregistered political party whose chief agent commits an offence under paragraph 497.1(1)(e) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.Deregistered party — offence requiring intentA deregistered political party whose chief agent commits an offence under paragraph 497.1(3)(g) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.2000, c. 9, s. 506; 2003, c. 19, s. 61; 2014, c. 12, ss. 106, 107
Registered party — strict liabilityA registered party whose chief agent commits an offence under any of paragraphs 497.1(1)(h), (i), (k), (l), (m) and (n) is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.Registered party — offences requiring intentA registered party whose chief agent commits an offence under any of paragraphs 497.1(3)(i), (k), (m), (o) and (p) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000.2000, c. 9, s. 507; 2003, c. 19, s. 61; 2014, c. 12, ss. 106, 107
EvidenceIn a prosecution for an offence under this Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.
Violations
ViolationEvery person or entity that contravenes section 281.3, 281.4 or 281.5 or a provision of any of Parts 16, 17 and 18 – or that fails to comply with a requirement of the Chief Electoral Officer under any of those Parts, with a provision of a compliance agreement or with a provision of an undertaking that has been accepted by the Commissioner — commits a violation and is liable to an administrative monetary penalty in an amount established in accordance with the provisions of this Act.2018, c. 31, s. 350
Continuing violationA violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.2018, c. 31, s. 350
How act or omission may be proceeded withIf an act or omission may be proceeded with as a violation or as an offence under this Act, proceeding in one manner precludes proceeding in the other.2018, c. 31, s. 350
Administrative Monetary Penalties
Purpose of penaltyThe purpose of an administrative monetary penalty is to promote compliance with this Act, and not to punish.2018, c. 31, s. 350
Maximum amount of penaltySubject to subsection (2), the maximum administrative monetary penalty for a violation is $1,500, in the case of an individual, and $5,000, in the case of a corporation or an entity.Maximum — sections 363 and 367The maximum administrative monetary penalty for a violation arising from the contravention of section 363 or 367 is an amount equal to twice the amount that was contributed in contravention of that section, plus$1,500, in the case of an individual who contravenes section 363 or 367; and$5,000, in the case of a corporation or an entity that contravenes section 363.2018, c. 31, s. 350
Criteria for penaltyThe amount of an administrative monetary penalty is to be determined taking into accountthe degree of intention or negligence on the part of the person or entity that committed the violation;the harm done by the violation;whether the person or entity derived any advantage from the violation;whether the person or entity made reasonable efforts to mitigate or reverse the violation’s effects;whether the person or entity has taken steps to avoid committing the violation in the future;whether the person or entity has provided all reasonable assistance to the Commissioner with respect to the violation, including reporting it and providing any relevant information;the person’s or entity’s history of compliance with the provisions of this Act;the person’s or entity’s ability to pay the penalty;any aggravating and mitigating circumstances; andany other factor that, in the opinion of the Commissioner, is relevant.NoticeThe Commissioner may take into account a factor under paragraph (1)(j) only if a notice that sets out the factor has been published on his or her Internet site.ConsultationsBefore publishing the notice, the Commissioner shall consult with the Chief Electoral Officer and thenconsult with the Advisory Committee of Political Parties established by subsection 21.1(1); andpublish on his or her Internet site, for the purpose of public consultation, a notice that sets out the proposed factor for at least 30 days.2018, c. 31, s. 350
Commissioner of Canada Elections
Commissioner of Canada ElectionsThe Commissioner of Canada Elections shall be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, to hold office during good behaviour for a non-renewable term of 10 years and may be removed by the Chief Electoral Officer for cause.RemunerationThe Commissioner shall be paid the remuneration that is fixed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions.IneligibilityA person is not eligible to be appointed as Commissioner if the person is or has beena candidate;an employee of a registered party or a person whose services have been engaged by the registered party to support its electoral or political financing activities; ora member of the staff referred to in any of paragraphs 4(2)(a) to (f) of the Parliamentary Employment and Staff Relations Act or a person referred to in paragraph 4(2)(g) of that Act.[Repealed, 2018, c. 31, s. 351]No re-appointmentA person who has served as Commissioner is not eligible for re-appointment to that office.2000, c. 9, s. 509; 2014, c. 12, ss. 108, 154; 2018, c. 31, s. 351
Position within Office of Chief Electoral OfficerThe position of Commissioner of Canada Elections is within the Office of the Chief Electoral Officer.Deputy head — Financial Administration ActFor the purposes of sections 11 to 13 of the Financial Administration Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 occupy their positions.Deputy head — Public Service Employment ActFor the purposes of the Public Service Employment Act, the Commissioner is the deputy head in relation to the portions of the federal public administration in the Office of the Chief Electoral Officer in which the employees referred to in section 509.3 occupy their positions.2014, c. 12, s. 1082018, c. 31, s. 352
DutyThe Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced by taking any measure that is provided for in this Act, including byconducting investigations;instituting prosecutions for offences under this Act;entering into compliance agreements;issuing notices of violation that set out an administrative monetary penalty; oraccepting undertakings.2014, c. 12, ss. 108, 1572018, c. 31, s. 352
IndependenceAll decisions made and actions taken by the Commissioner under any provision of Part 19 are to be made or taken independently of the Chief Electoral Officer.ClarificationNothing in subsection (1) precludes the Commissioner from consulting with the Chief Electoral Officer in respect of any matter if the Commissioner considers it appropriate to do so.2018, c. 31, s. 352
Power to take measuresThe Commissioner, if he or she considers it to be in the public interest, may take any measures, including incurring any expenses, when exercising or performing any of his or her powers, duties and functions under this Part.2018, c. 31, s. 352
DelegationThe Commissioner may delegate to any member of his or her staff, subject to any restrictions or limitations that he or she may specify, any of his or her powers, duties or functions that relate to the issuance of notices of violation or the acceptance of undertakings under this Part.2018, c. 31, s. 352
Staff
EmployeesThe employees necessary for the Commissioner to exercise or perform his or her powers, duties and functions under this Act are to be appointed in accordance with the Public Service Employment Act.Casual employees, etc.Any additional employees that the Commissioner considers necessary for the exercise or performance of his or her powers, duties and functions under this Act may be appointed for a specified term or on a casual basis in accordance with the Public Service Employment Act.2014, c. 12, s. 108
Technical assistanceThe Commissioner may engage on a temporary basis investigators or persons having technical or specialized knowledge to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this Act.2014, c. 12, s. 108
Authorization to assistThe Commissioner may authorize a person employed in the Office of the Chief Electoral Officer to assist the Commissioner in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.1(2) and (3) and in the exercise of his or her power under section 509.4, subject to the terms and conditions that the Commissioner sets.2014, c. 12, s. 1082018, c. 31, s. 353
Payments out of Consolidated Revenue Fund
Amounts to be paid out of C.R.F.The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Chief Electoral Officer:the remuneration paid to the Commissioner or to a person employed under subsection 509.3(2) and any additional remuneration paid to employees referred to in subsection 509.3(1) for overtime work to enable the Commissioner to exercise or perform his or her powers, duties and functions under this Act; andany expenses incurred by, on behalf of or in relation to the Commissioner under any other provision of this Part.2014, c. 12, s. 1082018, c. 31, s. 354
Investigations
Investigation by CommissionerThe Commissioner, on his or her own initiative or in response to a complaint, may conduct an investigation.NoticeAs soon as feasible after beginning an investigation, the Commissioner shall give written notice of the investigation to the person whose conduct is being investigated. The notice is not to be given if, in the Commissioner’s opinion, to do so might compromise or hinder the investigation or any other investigation.Public officer — Criminal CodeFor the purposes of Part XV of the Criminal Code, any person who is charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.2000, c. 9, s. 510; 2014, c. 12, s. 1082018, c. 31, s. 356
Election expenses return — supporting documentsIn the course of conducting an investigation under section 510 in response to a complaint, the Commissioner may require the chief agent of a registered party to provide by a specified date documents evidencing any expense set out in the party’s election expenses return, including bank statements, deposit slips and cancelled cheques.2018, c. 31, s. 357
Order requiring testimony or written returnIf, on application of the Commissioner or his or her authorized representative, a judge is satisfied by information on oath that there are reasonable grounds to believe that this Act has been contravened or is about to be contravened and that an individual has or is likely to have information that will provide evidence of the contravention, the judge may order the individual toattend as specified in the order and be examined on oath by the Commissioner or the authorized representative on any matter that is relevant to the contravention before an individual, in sections 510.02 to 510.04 referred to as a “presiding officer”, designated in the order; ormake and deliver to the Commissioner or the authorized representative, within the time specified in the order, a written return under oath showing in detail the information that is required by the order.Date for hearing and noticeOn receipt of the application, the judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in the manner that the judge may specify, to the individual against whom the order is sought.RestrictionNo order may be made under subsection (1) against an individual who is alleged to have committed, or who is about to commit, the contravention to which the application relates.When hearing may proceed ex parteA judge may proceed ex parte to hear and determine the application in the absence of the individual against whom the order is sought ifthe Commissioner or the authorized representative establishes to the satisfaction of the judge that the disclosure of any information set out in the application wouldcompromise the identity of a confidential informant,compromise the nature and extent of an ongoing investigation,endanger an individual engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, orprejudice the interests of an innocent individual; orthe judge is satisfied for any reason that the ends of justice would be subverted by the disclosure of the information set out in the application.Sealing packet of documentsIf an order made under subsection (1) is issued ex parte, all documents relating to the application shall, subject to any terms and conditions that the judge considers desirable in the circumstances, including any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (7).Order prohibiting disclosureIf the order made under subsection (1) is issued ex parte, the judge shall make an order prohibiting a person or entity from disclosing, during the period set out in the order,the existence of the application;the existence of the order made under subsection (1); andthe content of any testimony given or of any written return made under the order made under subsection (1).Application for variance of orderAn application to terminate an order made under subsection (6) or to vary any of its terms and conditions may be made to the judge who made the order or a judge of the same court.Effect of orderAn order made under this section has effect anywhere in Canada.2018, c. 31, s. 357
Witness competent and compellableAn individual who is the subject of an order under paragraph 510.01(1)(a) is competent and may be compelled to give evidence.No individual excused from complying with orderNo individual shall be excused from complying with an order that is made under subsection 510.01(1) on the ground that the testimony or written return required of the individual may tend to incriminate the individual or subject them to any proceeding or penalty.Attendance of individual whose conduct is being investigatedAn individual whose conduct is being investigated during an examination conducted under an order under paragraph 510.01(1)(a), and their counsel, may attend the examination unless the Commissioner or the authorized representative, or the individual being examined, establishes to the satisfaction of the presiding officer that the presence of the individual whose conduct is being investigated would be prejudicial to the effective conduct of the examination or the investigation.ExceptionSubsection (3) does not apply in respect of an examination conducted under an order that was issued ex parte.Testimony, evidence and return not receivableSubject to subsection (6), no testimony given by an individual under an order made under paragraph 510.01(1)(a), or written return made by an individual under an order made under paragraph 510.01(1)(b), and no evidence derived from the testimony or written return, shall be used or received against that individual in any civil or criminal proceedings instituted against them, other than a prosecution for an offence under section 482.1 of this Act or section 132 or 136 of the Criminal Code.Part XV of the Criminal CodeInformation contained in the testimony or written return referred to in subsection (5) and information derived from such information may be used in an application under Part XV of the Criminal Code.FeesAn individual who is the subject of an order made under paragraph 510.01(1)(a) is entitled to the fees and allowances for so doing as if they were summoned to attend before a superior court of the province in which the individual is summoned to attend.Representation by counselA presiding officer shall permit an individual who is being examined under an order made under paragraph 510.01(1)(a) to be represented by counsel.2018, c. 31, s. 357
Presiding officerAny individual who is a barrister or advocate of at least ten years standing at the bar of a province, or who has been a barrister or advocate at the bar of a province for at least ten years, may be designated as a presiding officer.Remuneration and expensesA presiding officer is to be paid the remuneration fixed in the order designating them as such, and is entitled to be paid the travel and living expenses, incurred in the performance of their duties under this Act, in accordance with Treasury Board directives.2018, c. 31, s. 357
Administration of oathsThe presiding officer may administer oaths for the purpose of examinations conducted under an order made under paragraph 510.01(1)(a).Orders of presiding officerA presiding officer may make any order that they consider to be proper for the conduct of an examination under an order made under paragraph 510.01(1)(a).Examination to be in privateThe examination before the presiding officer shall be conducted in private.Application to judgeA judge may, on application by a presiding officer, order any individual to comply with an order made by the presiding officer under subsection (2).NoticeNo order may be made under subsection (4) unless the presiding officer has given the individual in respect of whom the order is sought and the Commissioner 24 hours’ notice of the hearing of the application for the order, or any shorter notice that the judge to whom the application is made considers reasonable.2018, c. 31, s. 357
ConfidentialitySubject to subsection (2), neither the Commissioner nor any person acting under his or her direction shall disclose any information relating to an investigation that comes to their knowledge in the exercise of their powers or the performance of their duties and functions under this Act, including information that reveals or from which may be inferred the name of the complainant, if any, the person whose conduct is being investigated or any witness.Disclosure authorizedThe Commissioner may disclose or may authorize any person acting under his or her direction to disclosewith the consent of the person in question, the name of any of the following: the complainant, if any, the person whose conduct is being investigated and any witness;information that, in the Commissioner’s opinion, is necessary to carry out an investigation;when a prosecution has been instituted under subsection 511(1), information that the Director of Public Prosecutions requires;when a review by the Chief Electoral Officer is requested under section 521.14, information that the Chief Elector Officer requires;information that is required to be disclosed in the course of a prosecution for an offence under this Act;information that is required to be disclosed in the course of an application for judicial review in respect of a decision taken under this Act;information that is required to be disclosed under any other Act of Parliament;information that, in the Commissioner’s opinion, is necessary in order to enter into or renegotiate a compliance agreement;information that, in the Commissioner’s opinion, is necessary in order for a person or entity to provide an undertaking; andinformation whose disclosure is, in the Commissioner’s opinion, in the public interest.Public interestFor the purposes of paragraph (2)(g), the Commissioner shall take into consideration the effects of disclosure onthe privacy rights of any person who is the subject of the disclosure;the right of the person under investigation to be presumed innocent until proved guilty according to law; andpublic confidence in the fairness of the electoral process.2014, c. 12, s. 1082018, c. 31, s. 358
Prosecutions
Commissioner may institute a prosecutionIf the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may institute a prosecution or cause one to be instituted.InformationA prosecution for an offence under this Act is instituted by the laying of an information in writing and under oath before a justice, as defined in section 2 of the Criminal Code.2000, c. 9, s. 511; 2003, c. 19, s. 62; 2006, c. 9, s. 1302018, c. 31, s. 360
Director’s consent requiredNo prosecution for an offence under this Act may be instituted by a person, other than the Commissioner or a person acting under his or her direction, without the prior written consent of the Director of Public Prosecutions provided after consultation with the Commissioner.ExceptionSubsection (1) does not apply to an offence in relation to which an election officer has taken measures under subsection 479(3).Proof of consentEvery document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty.2000, c. 9, s. 512; 2006, c. 9, s. 1312018, c. 31, s. 361
[Repealed, 2018, c. 31, s. 362]
Limitation periodProceedings in respect of an offence under a provision set out in subsection 500(1) may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose.ExceptionDespite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender’s return.No limitation periodProceedings in respect of an offence under a provision set out in any of subsections 500(2) to (5) may be commenced at any time.2000, c. 9, s. 514; 2003, c. 19, s. 63; 2006, c. 9, s. 59; 2014, c. 12, s. 109
Allowance of costsAny court of criminal jurisdiction before which a private prosecution is instituted for an offence against this Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution.Prior recognizance requiredA court shall not make an order under subsection (1) unless the prosecutor, before or on the laying of the information, enters into a recognizance with two sufficient sureties, in the amount of $500, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant’s costs in case of acquittal.Costs of defendantIn case of an information by a private prosecutor for an offence against this Act, if judgment is given for the defendant, the defendant is entitled to recover from the prosecutor the costs incurred by the defendant by reason of the proceedings, which costs shall be taxed by the proper officer of the court in which the judgment is given.
Injunctions
Application for injunctionIf the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, the Commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to a competent court described in subsection 525(1) for an injunction described in subsection (2).InjunctionIf the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:refrain from committing any act that it appears to the court is contrary to this Act; anddo any act that it appears to the court is required by this Act.NoticeNo injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
Compliance Agreements
Power to enter into compliance agreementSubject to subsection (7), if the Commissioner believes on reasonable grounds that a person or entity has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with the person or entity (in this section and sections 518 to 521 called the “contracting party”).Terms and conditionsA compliance agreement may contain any terms and conditions that the Commissioner considers necessary, including a requirement that the contracting party pay a specified amount.Obligations of CommissionerBefore entering into a compliance agreement, the Commissioner shalladvise the prospective contracting party of the right to be represented by counsel and give it an opportunity to obtain counsel; andobtain the consent of the prospective contracting party to the publication of the agreement under section 521.Admission of responsibilityA compliance agreement may include a statement by the contracting party in which it admits responsibility for the act or omission that constitutes the offence.Inadmissible in evidenceThe fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.[Repealed, 2018, c. 31, s. 363]Remittal of matter despite institution of prosecutionIf a prosecution has been instituted, the Director of Public Prosecutions may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — suspend the prosecution and remit the matter back to the Commissioner so that it may be dealt with in that way.Effect of compliance agreementWhen a compliance agreement is entered into,no prosecution may be instituted against the contracting party for an act or omission that led to the agreement unless there is non-compliance with it; andany prosecution of the contracting party instituted before the agreement was entered into for an act or omission that led to the agreement is suspended unless there is non-compliance with the agreement.RenegotiationThe Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.CopyThe Commissioner shall provide the contracting party with a copy of the compliance agreement, without delay after it is entered into or renegotiated under subsection (9). The Commissioner shall also provide a copy of the compliance agreement to the Director of Public Prosecutions if a prosecution of the contracting party had been instituted before the agreement was entered into.2000, c. 9, s. 517; 2001, c. 21, s. 25(E); 2006, c. 9, s. 1332018, c. 31, s. 363
If agreement complied withIf the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party. The Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution of the contracting party for an act or omission that led to the agreement had been instituted before the agreement was entered into.Effect of serviceService of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the institution of any prosecution of the contracting party for the act or omission.2000, c. 9, s. 518; 2006, c. 9, s. 1342018, c. 31, s. 364
If agreement not complied withIf the Commissioner is of the opinion that a contracting party has not complied with a provision of a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing it that, as the case may be,a notice of violation may be served on the contracting party as a result of the failure to comply with the provision of the compliance agreement;a prosecution may be instituted against the contracting party in respect of any act or omission that led to the agreement; orif a prosecution in respect of any act or omission that led to the agreement was suspended by virtue of subsection 517(8), it may be resumed.Copy to Director of Public ProsecutionsThe Commissioner shall also provide a copy of the notice to the Director of Public Prosecutions if a prosecution in respect of any act or omission that led to the agreement had been instituted before the agreement was entered into.2000, c. 9, s. 519; 2006, c. 9, s. 1342018, c. 31, s. 364
Dismissal of proceedingsThe court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that the contracting party has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party’s performance with respect to the agreement, is of the opinion that the proceedings would be unfair.2000, c. 9, s. 5202018, c. 31, s. 364
PublicationThe Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and the text of the compliance agreement, other than the signatures of the individuals who signed it.2000, c. 9, s. 521; 2014, c. 12, s. 1102018, c. 31, s. 364
Deregistration
Notice to partyIf the Commissioner has reasonable grounds to suspect that a registered party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election, the Commissioner shall, in writing, notify the party that it is required to show that that is one of its fundamental purposes.Court applicationIf, after giving the party a reasonable opportunity to show what its fundamental purposes are, the Commissioner still has reasonable grounds to suspect that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the Commissioner may apply to a court described in subsection 525(1) for an order described in subsection (3).OrderIf the court is satisfied that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the court shall, by order, direct the Chief Electoral Officer to deregister the party and it maydirect the chief agent — or another person specified by the court — to liquidate the party’s assets; andif it directs liquidation under paragraph (a), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association’s assets.Onus on partyThe onus of satisfying the court that one of its fundamental purposes is the purpose described in subsection (1) is on the party.FactorsIn making its decision, the court shall consider all of the factors relevant to determining the party’s purposes, including, as applicable, the following:the party’s constitution, articles of incorporation, letters patent or by-laws or any other information that may indicate those purposes;the party’s political program, annual report to members, fundraising plan, advertising material and policy statements;the nature and extent of the activities of the party and its registered associations and candidates, including the nature and extent of their involvement in electoral campaigns and any of their public statements in support of another political party or a candidate of another political party;the funds received by the party and its registered associations and candidates, their sources and how they are used by the party, including as election expenses;interactions of the party with other entities that are not recognized political parties under the laws of any province that may indicate that it is under the control, direct or indirect, of another entity or that the party is using its status as a registered party primarily for the purpose of providing financial assistance to another entity; andwhether the party is a non-profit entity.ExemptionIf, in the court’s opinion, the public interest and the need to ensure fairness of the electoral process warrant it, the court may, on application, exempt the party and its registered associations from the application of subsection 127(3.3) of the Income Tax Act. If an exemption is granted, the court may impose any conditions on the activities of the party, registered association or candidate that it considers appropriate.LiquidationIf a chief agent, a financial agent or a person specified by the court is, under subsection (3), directed to liquidate, they shall carry out the liquidation in accordance with subsections 501(4) to (7).2004, c. 24, s. 23
Proceedings in Respect of a ViolationNotice of Violation
Issuance of notice of violationIf the Commissioner believes on reasonable grounds that a person or entity has committed a violation, the Commissioner may issue, and shall cause to be served on the person or entity, a notice of violation thatsets out the person or entity’s name;identifies the provision of this Act that was contravened or the requirement, or the provision of the compliance agreement or undertaking, that was not complied with;identifies the act or omission to which the violation relates;sets out the amount of the administrative monetary penalty for the violation;sets out the particulars concerning the manner of payment;informs the person or entity of their right to request a review by the Chief Electoral Officer or the Commissioner, as the case may be, of the alleged violation or proposed penalty, and sets out the manner for doing so;informs the person or entity that if they provide an undertaking that is accepted by the Commissioner, the proceedings commenced by the notice will be ended; andinforms the person or entity of the consequences of failing to pay the penalty, request a review or provide the Commissioner with an undertaking.Approval of manner of requesting reviewThe manner for requesting a review by the Chief Electoral Officer that is set out in the notice of violation requires the Chief Electoral Officer’s prior approval.Correction or cancellation of notice of violationAt any time before a request for a review in respect of the notice of violation is received by the Chief Electoral Officer or the Commissioner, as the case may be, the Commissioner may cancel the notice of violation or correct an error in it.2018, c. 31, s. 365
Limitation period or prescriptionNo notice of violation may be issued after the expiry of five years after the day on which the Commissioner becomes aware of the act or omission to which the alleged violation relates nor, in any case, later than 10 years after the day on which the act or omission occurred.Certification by CommissionerA document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the act or omission that constitutes the alleged violation, is admissible in evidence without proof of the signature or official character of the individual appearing to have signed it and, in the absence of evidence to the contrary, is proof that the Commissioner became aware of the act or omission on that day.2018, c. 31, s. 365
Undertakings
Provision of undertakingIf a person or entity has committed a violation, they may provide the Commissioner with an undertaking in writing that is aimed at ensuring compliance with this Act.When undertaking may be providedIf a notice of violation has been served on a person or entity, an undertaking in relation to an act or omission to which the notice relates may be provided at any time before the person or entity is deemed to have committed the violation to which the notice relates.ContentsThe Commissioner may accept the undertaking only if the undertakingidentifies, as the case may be,the provision of this Act that was contravened,the requirement of the Chief Electoral Officer that was not complied with, orif the undertaking relates to the failure to comply with a provision of a compliance agreement or another undertaking, the provision of the compliance agreement or other undertaking that was not complied with;identifies the act or omission to which the contravention or the failure to comply relates; andcontains the terms and conditions that the Commissioner considers appropriate, including a requirement that the person or entity pay an amount that is specified in the undertaking in the time and manner set out in the undertaking.Obligation of CommissionerBefore accepting the person’s or entity’s undertaking, the Commissioner shall inform them of the Commissioner’s obligation to publish a notice under subsection 521.34(2).2018, c. 31, s. 365
Review
Request for reviewInstead of paying the amount of the administrative monetary penalty set out in the notice of violation, the person or entity named in the notice of violation may, within 30 days after the day on which the notice of violation is served — or within 30 days after the day on which they are served with a notice informing them that their undertaking has not been accepted — and in the manner specified in the notice of violationrequest a review by the Commissioner with respect to the alleged violation or the penalty, or both, if the amount of the penalty is$500 or less, in the case of a notice of violation that was issued to an individual, or$1500 or less, in the case of a notice of violation that was issued to a corporation or an entity; orrequest a review by the Chief Electoral Officer with respect to the alleged violation or the penalty, or both, if the amount of the penalty ismore than $500, in the case of a notice of violation that was issued to an individual, ormore than $1500, in the case of a notice of violation that was issued to a corporation or an entity.2018, c. 31, s. 365
DecisionIf a review is requested under section 521.14, the Chief Electoral Officer or the Commissioner, as the case may be, shall do one or more of the following:determine, on a balance of probabilities, whether the person or entity committed the violation;confirm or reduce the amount of the administrative monetary penalty; ordetermine that there should be no administrative monetary penalty in respect of the violation.Written evidence and submissionsThe Chief Electoral Officer or the Commissioner, as the case may be, is to consider only written evidence and written submissions when making a decision under subsection (1).Service of decisionThe Chief Electoral Officer or the Commissioner, as the case may be, shall cause a copy of any decision made under subsection (1) to be served on the person or entity that requested the review. The Chief Electoral Officer shall also cause a copy of any decision he or she makes under subsection (1) to be given to the Commissioner.Violation not committed — effectIf the Chief Electoral Officer or the Commissioner, as the case may be, determines under subsection (1) that the person or entity that requested the review did not commit the violation, the proceedings commenced in respect of it are ended.Liability to payThe person or entity that requested the review is liable to pay, within 30 days after the day on which they were served with the copy of the decision and in the manner specified in the notice of violation,the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision; orthe reduced amount of the administrative monetary penalty set out in the decision.2018, c. 31, s. 365
Consequences
Payment of penalty — notice of violationIf, within 30 days after the day on which they were served with a notice of violation, the person or entity named in the notice pays, in the manner specified in the notice, the amount of the administrative monetary penalty set out in the notice,they are deemed to have committed the violation in respect of which the amount is paid;the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; andthe proceedings commenced in respect of the violation are ended.Payment of penalty — review decisionIf, within 30 days after the day on which they were served with the copy of a decision under subsection 521.15(3), the person or entity pays, in the manner specified in the notice of violation to which the decision relates, the amount of the administrative monetary penalty for which they are liable under subsection 521.15(5),they are deemed to have committed the violation in respect of which the amount is paid;the Commissioner shall accept that amount as complete satisfaction of the penalty in respect of the violation; andthe proceedings commenced in respect of the violation are ended.2018, c. 31, s. 365
Undertaking accepted before service of notice of violationIf the Commissioner accepts the person’s or entity’s undertaking without a notice of violation having been served on them in connection with an act or omission referred to in the undertaking, no notice of violation may be served on them in connection with an act or omission referred to in the undertaking.Undertaking accepted after service of notice of violationIf the Commissioner accepts the person or entity’s undertaking after a notice of violation has been served on them in connection with an act or omission referred to in the undertaking, the proceeding that was commenced by the notice of violation, including any review requested under section 521.14, is ended.2018, c. 31, s. 365
No action after notice of violation servedIf the person or entity named in the notice of violation fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:pay the administrative monetary penalty set out in the notice in the manner specified in the notice;exercise their right to request a review in the manner specified in the notice; orprovide the Commissioner with an undertaking.2018, c. 31, s. 365
No action taken after undertaking not acceptedIf the person or entity named in the notice informing them that their undertaking has not been accepted fails to do one of the following within 30 days after the day on which the notice is served on them, they are deemed to have committed the violation set out in the notice:pay the administrative monetary penalty set out in the notice in the manner specified in the notice; orexercise their right to request a review in the manner specified in the notice.2018, c. 31, s. 365
Failure to pay after review decisionIf the person or entity does not pay the amount referred to in paragraph 521.15(5)(a) or (b) in the manner specified in the notice of violation to which the decision relates within 30 days after the day on which they are served with the copy of the decision under subsection 521.15(3), they are deemed to have committed the violation identified in the notice of violation.2018, c. 31, s. 365
Miscellaneous
Service — Chief Electoral OfficerService of a copy of a decision of the Chief Electoral Officer must be made in the manner set out on the Chief Electoral Officer’s Internet site.Service — CommissionerService of the following documents must be made in the manner set out on the Commissioner’s Internet site:a notice of violation;a copy of the Commissioner’s decision under section 521.15; anda notice informing a person or entity that their undertaking has not been accepted by the Commissioner.Day of serviceThe day of service of a document referred to in subsection (1) or (2) isif it is left with an individual, the day on which it is left with them;if it is sent by registered mail, the 10th day after the date indicated in the receipt issued by a post office;if it is sent by courier, the 10th day after the date indicated in the courier’s receipt issued to the sender; andif it is sent by electronic means, the day on which it is sent.2018, c. 31, s. 365
Request for reviewA person or entity that is served with a notice of violation may make a request for a review referred to in the notice by delivering the request by hand or by sending it by registered mail, courier or electronic means to a person and place specified in the notice.Day of requestIf a person or entity makes the request, the day on which it is made isif it is delivered by hand, the day on which the request is delivered to the authorized recipient;if it is sent by registered mail or courier, the earlier of the day on which it is received by the authorized recipient and the day indicated in the receipt given to the sender by a post office or courier; andif it is sent by electronic means, the day on which it is sent.2018, c. 31, s. 365
Due diligence defence availableThe Chief Electoral Officer and the Commissioner are not to determine that a person or entity has committed a violation if the person or entity establishes that they exercised due diligence to prevent its commission.2018, c. 31, s. 365
Common law principlesEvery rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for any offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.2018, c. 31, s. 365
Deregistered partiesA political party that is deregistered during a pre-election period does not commit a violation arising from the contravention of any of subsections 349.1(1) to (3) or 349.2 if, before the deregistration, its partisan activity expenses, partisan advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 349.1(1) to (3), as the case may be.Deregistered partiesA political party that is deregistered during an election period does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if, before the deregistration, its partisan activity expenses, election advertising expenses and election survey expenses exceeded any maximum amount set out in any of subsections 350(1) to (4), as the case may be.Eligible partyAn eligible party that does not become a registered party during the election period of a general election does not commit a violation arising from the contravention of any of subsections 350(1) to (4) or section 351 if its partisan activity expenses, election advertising expenses and election survey expenses, as of the day that it is informed under subsection 390(4) that it has not been registered, exceed any maximum amount set out in any of subsections 350(1) to (4), as the case may be.2018, c. 31, s. 365
EvidenceIn any proceeding in respect of a violation, a notice of violation or a copy of the decision purporting to be served under this Part is admissible in evidence without proof of the signature or official character of the individual purporting to have signed it.2018, c. 31, s. 365
Violation by officers, etc.If an entity commits a violation, any of the entity’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the entity that actually committed the violation is proceeded against under this Act.2018, c. 31, s. 365
Third parties — groupsIf an entity that is a third party that is a group commits a violation, the person who is responsible for the group or its financial agent commits the violation if the person or financial agent authorized, consented to or participated in the act or omission that constitutes the violation.2018, c. 31, s. 365
Employees or agents or mandatariesA person or entity is liable for a violation that is committed by an employee or agent or mandatary of the person or entity acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.2018, c. 31, s. 365
Personal capacityAn administrative monetary penalty imposed on an individual under this Part is deemed to be imposed on them in their personal capacity regardless of the capacity in which they acted when they committed the violation.2018, c. 31, s. 365
Debts to Her MajestyThe following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:if a person or entity has entered into a compliance agreement with the Commissioner under the terms of which the person or entity is to pay an amount to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the agreement to pay that amount;if a person or entity that is served with a notice of violation does not exercise any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the amount of the administrative monetary penalty set out in the notice of violation that remains unpaid after the expiry of the time set out in the notice to pay the amount;if a person or entity that is served with a notice of violation exercises any of their rights referred to in section 521.14 within the time and in the manner set out in the notice, the following amount that remains unpaid after the expiry of 30 days after the day on which they were served with the copy of the Chief Electoral Officer’s or the Commissioner’s decision:the amount of the administrative monetary penalty set out in the notice of violation that is confirmed in the decision, orthe reduced amount of the administrative monetary penalty that is set out in the decision; andif a person or entity has provided an undertaking that is accepted by the Commissioner in which an amount is to be paid to the Receiver General, any portion of that amount that remains unpaid after the expiry of the time set out in the undertaking to pay that amount.Limitation period or prescriptionNo proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.Debt finalA debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with.2018, c. 31, s. 365
Certificate of defaultAny debt referred to in subsection 521.31(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Commissioner.JudgmentA certificate made under subsection (1) that is registered in Federal Court has the same force and effect as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate and all proceedings may be taken in respect of the certificate.2018, c. 31, s. 365
Remittance to Receiver GeneralThe amount of an administrative monetary penalty shall be paid to the Commissioner, who shall forward that amount to the Receiver General.2018, c. 31, s. 365
Publication — notice of violationThe Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that is deemed to have committed a violation, identifies the act or omission or the failure to comply to which the violation relates and sets out the amount of the administrative monetary penalty.Publication — accepted undertakingThe Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the name of the person or entity that provided an undertaking accepted by the Commissioner, along with the text of the undertaking other than the signature of the individuals who signed it.2018, c. 31, s. 365
Contested Elections
Means of contestationThe validity of the election of a candidate may not be contested otherwise than in accordance with this Part.No effect on rights and obligationsThe making of an application to contest an election does not affect any right or obligation of a candidate in that election.
Nul and void electionThe election of a person is nul and void if, under section 65, the person was not eligible to be a candidate.
Contestation of electionAny elector who was eligible to vote in an electoral district, and any candidate in an electoral district, may, by application to a competent court, contest the election in that electoral district on the grounds thatunder section 65 the elected candidate was not eligible to be a candidate; orthere were irregularities, fraud or corrupt or illegal practices that affected the result of the election.ExceptionAn application may not be made on the grounds for which a recount may be requested under subsection 301(2).
Competent courtsThe following courts are competent courts for the purposes of this Part:a court listed in subsection (2) that has jurisdiction in all or part of the electoral district in question; andthe Federal Court.CourtsFor the purposes of paragraph (1)(a), the courts arein the Province of Ontario, the Superior Court of Justice;in the Province of Quebec, the Superior Court;in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court;in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; andin Nunavut, the Nunavut Court of Justice.Rules of procedureAn application shall be dealt with without delay and in a summary way. The court may, however, allow oral evidence to be given at the hearing of the application in specific circumstances.2000, c. 9, s. 525; 2002, c. 7, s. 94(E), c. 8, s. 117; 2014, c. 12, s. 111
Security, service of applicationAn application must be accompanied by security for costs in the amount of $1,000, and must be served on the Attorney General of Canada, the Chief Electoral Officer, the returning officer of the electoral district in question and all the candidates in that electoral district.Increase of securityThe court may, if it considers it just, increase the amount of the security.
Time limitAn application based on a ground set out in paragraph 524(1)(b) must be filed within 30 days after the later ofthe day on which the result of the contested election is published in the Canada Gazette, andthe day on which the applicant first knew or should have known of the occurrence of the alleged irregularity, fraud, corrupt practice or illegal practice.
Withdrawal of applicationAn application may not be withdrawn without leave of the court.
Notice of appearanceAny person referred to in subsection 526(1) may, within 15 days after being served with the application, file with the court a notice of appearance if he or she wishes to take part in the proceedings.
EvidenceIn a proceeding in relation to an application, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the election and of any person named in the certificate having been a candidate.
Dismissal of applicationThe court may at any time dismiss an application if it considers it to be vexatious, frivolous or not made in good faith.Court’s decisionAfter hearing the application, the court may dismiss it if the grounds referred to in paragraph 524(1)(a) or (b), as the case may be, are not established and, where they are established, shall declare the election null and void or may annul the election, respectively.Duties of court clerkThe clerk of the court shallsend copies of the decision to the persons mentioned in subsection 526(1), to any intervenor and to the Speaker of the House of Commons; andinform the Speaker of the House of Commons as to whether or not an appeal has been filed under subsection 532(1).Informing House of CommonsExcept when an appeal is filed under subsection 532(1), the Speaker of the House of Commons shall communicate the decision to the House of Commons without delay.
AppealAn appeal from a decision made under subsection 531(2) lies to the Supreme Court of Canada on any question of law or fact, and must be filed within eight days after the decision was given.ProcedureThe Supreme Court shall hear the appeal without delay and in a summary manner.Copies of decisionThe registrar of the Supreme Court shall send copies of the decision to the persons mentioned in subsection 526(1), to any intervenor and to the Speaker of the House of Commons.Informing House of CommonsThe Speaker of the House of Commons shall communicate the decision to the House of Commons without delay.
GeneralReports of Chief Electoral Officer
Polling division reportsThe Chief Electoral Officer shall, in the case of a general election, without delay, and, in the case of a by-election, within 90 days after the return of the writ, publish, in the manner and form that he or she considers appropriate, a report that sets outby polling division, the number of votes cast for each candidate, the number of rejected ballots and the number of names on the final list of electors;by polling division, the number of additions of names and the number of corrections of information that were made to, and the number of deletions of names that were made from, the official list of electors on polling day;the conclusions of the report made by the auditor engaged under section 164.1 for that general election or by-election; andany other information that the Chief Electoral Officer considers relevant.2000, c. 9, s. 533; 2014, c. 12, s. 112
Report to Speaker on general electionIn the case of a general election, the Chief Electoral Officer shall, within 90 days after the date provided for in paragraph 57(2)(c), make a report to the Speaker of the House of Commons that sets outany matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer’s office since the last report and that he or she considers should be brought to the attention of the House of Commons;any measures to adapt any provision of this Act that have been taken under section 17 or 179 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons; andany measures that he or she has taken to improve the accuracy of the lists of electors since the last report and any such measures that he or she proposes to take.Report to Speaker on by-electionsIf there are one or more by-elections in a year, the Chief Electoral Officer shall, within 90 days after the end of the year, make a report to the Speaker of the House of Commons that sets outany matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer’s office since the last report under this section and that he or she considers should be brought to the attention of the House of Commons;any measures to adapt any provision of this Act that have been taken under section 17 or 179 in relation to each of the by-elections and that he or she considers should be brought to the attention of the House of Commons; andany measures that he or she has taken to improve the accuracy of the lists of electors in relation to each of the by-elections and any such measures that he or she proposes to take.2000, c. 9, s. 534; 2014, c. 12, s. 113
Report on proposed legislative amendmentsThe Chief Electoral Officer shall, as soon as possible after a general election, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of this Act, and that also sets out, separately, any amendments that are set out in the Commissioner’s report under section 537.2.2000, c. 9, s. 5352018, c. 31, s. 366
[Repealed, 2014, c. 12, s. 114]
Report on returning officer qualificationsWhenever the Chief Electoral Officer, pursuant to subsection 24(1.1), prescribes the qualifications for the appointment of persons as returning officers or establishes a process for their appointment or a procedure for their removal — or modifies those qualifications, that process or that procedure in a significant manner — the Chief Electoral Officer shall report accordingly to the Speaker of the House of Commons without delay.2006, c. 9, s. 177
Report on alternatives to signatureWithout delay after exercising his or her authority under section 18.3, the Chief Electoral Officer shall report to the Speaker of the House of Commons as to the manner in which a requirement under a provision of this Act for a signature may be satisfied.2014, c. 12, s. 115
Submission of report to House of CommonsThe Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534, 535, 535.2 or 535.3 to the House of Commons without delay.2000, c. 9, s. 536; 2006, c. 9, s. 177; 2014, c. 12, s. 116
Political financingAfter the submission to the House of Commons of a report under section 535 in relation to the first general election following the coming into force of this section, any committee of that House to which the report is referred shall, in addition to considering the report, consider the effects of the provisions of this Act concerning political financing that came into force on the same day as this section.2003, c. 19, s. 63.1
ComplaintsEvery candidate, official agent of a candidate or leader or chief agent of a registered party or eligible party may send to the Chief Electoral Officer a statement in writing that contains any complaint with respect to the conduct of the election or of an election officer or any suggestion as to changes or improvements in the law that the person wishes to make.Inclusion in a reportIf the Chief Electoral Officer considers it appropriate, the Chief Electoral Officer may include in a report referred to in section 534 or 535 any document or a part or a summary of one that relates to a complaint or suggestion received under subsection (1).
Report of Commissioner
Annual reportThe Commissioner shall, as soon as possible after the end of each year, publish, in the manner and form that he or she considers appropriate, a report on the activities of his or her office during that year. The Commissioner shall not include the details of any investigation.2018, c. 31, s. 367
Report on proposed legislative amendmentsThe Commissioner shall, as soon as possible after a general election, make a report to the Chief Electoral Officer that sets out any amendments that, in the Commissioner’s opinion, are desirable for better compliance with, and the better enforcement of, this Act.2018, c. 31, s. 367
Polling Divisions
Minimum of 250 electorsEach polling division shall contain at least 250 electors unless the Chief Electoral Officer agrees otherwise.Boundaries of polling divisionsSubject to subsection (3), the polling divisions of an electoral district in a general election remain the same as at the immediately preceding general election.RevisionThe Chief Electoral Officer may instruct a returning officer to revise the boundaries of any polling division in the returning officer’s electoral district, and may fix the date by which the revision shall be completed.FactorsThe returning officer shall revise the polling divisions in accordance with the instructions of the Chief Electoral Officer, taking into account the polling divisions established by municipal and provincial authorities and the accessibility by electors to the polling stations established in them.InstitutionsA returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of two or more institutions where seniors or persons with a disability reside.2000, c. 9, s. 5382018, c. 31, s. 368(E)
Amendments to Schedule 3
Amendments to list of electoral districtsSubject to subsection (2), the Chief Electoral Officer may amend the list of electoral districts set out in Schedule 3 byadding to it, where the Chief Electoral Officer is of the opinion that the exigencies of restricted communication or transportation facilities require the addition for the better operation of this Act, the name of any electoral district thatis described in a representation order declared under the Electoral Boundaries Readjustment Act to be in force, andcoincides with or includes the whole or a part of an electoral district that was set out in Schedule 3 as it read on July 15, 1971; ordeleting from it the name of any electoral district referred to in subparagraph (a)(ii) that is not described in a representation order referred to in subparagraph (a)(i).TimeNo amendment to the list of electoral districts set out in Schedule 3 may be made later than seven days after the day on which a representation order comes into force and no such amendment becomes effective until notice of it has been published in the Canada Gazette.2000, c. 9, s. 5392018, c. 31, s. 369
Custody of Election Documents and Documents Relating to the Register of Electors
ReferenceIn section 540, a reference to the Register of Electors includes a reference to the Register of Future Electors.2018, c. 31, s. 369.1
Chief Electoral Officer to retain election documentsThe Chief Electoral Officer shall retain in his or her possession the election documents sent to him or her by a returning officer, with the return of the writ, for at least one year if the election is not contested during that time and, if the election is contested, for one year after the end of the contestation.Documents relating to Register of ElectorsThe Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents that relate to the updating of the Register of Electors.Inspection of documentsNo election documents, or documents that relate to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer under subsection (1) or (2) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey.ExceptionSubsection (3) does not prohibit the Chief Electoral Officer or any authorized member of his or her staff from inspecting the documents referred to in that subsection.ExceptionThe Chief Electoral Officer may also disclose any of the documents referred to in subsection (3) to the Commissioner for the purposes of the exercise or performance of the Commissioner’s powers, duties and functions under this Act and the Commissioner may, in turn, disclose any of those documents to the Director of Public Prosecutions, who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.Election documents or papers admissible in evidence when certifiedWhen a judge of a superior court has ordered the production of election documents, the Chief Electoral Officer need not, unless the judge orders otherwise, appear personally to produce them but shall certify the documents and send them by courier to the clerk or registrar of the court, who shall, when the documents have served the purposes of the judge, return them by courier to the Chief Electoral Officer.Certified documentsDocuments purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.Filmed or electronic evidenceIn any proceedings under this Act, a print that is made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and certified by the Chief Electoral Officer or by a person acting in the name of or under the direction of the Chief Electoral Officer, is admissible in evidence for all purposes for which the recorded document would be admitted as evidence, without proof of the signature or official character of the person appearing to have signed the certificate.Order of CourtA judge may make an order under subsection (3) on being satisfied by evidence on oath that the inspection or production of a document referred to in that subsection is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election or for the purpose of an application under subsection 524(1).Conditions of inspectionsAn order for the inspection or production of election documents or documents that relate to the updating of the Register of Electors may be made subject to any conditions with respect to persons, time, place and mode of inspection or production that the judge considers appropriate.2000, c. 9, s. 540; 2006, c. 9, s. 136; 2014, c. 12, s. 117
Inspection of instructions and other reportsAll documents referred to in section 359, 432, 437, 475.4, 476.75, 477.59 or 478.8, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act and all decisions by him or her on points arising under this Act are public records and may be inspected by any person on request during business hours.ExtractsAny person may take extracts from documents referred to in subsection (1) and is entitled to obtain copies of them on payment of a fee of up to $0.25 per page.EvidenceAny copies of documents referred to in subsection (1) purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.2000, c. 9, s. 541; 2003, c. 19, s. 64; 2014, c. 12, s. 1182018, c. 31, s. 370
Statements of electors who exercise their right to voteThe Chief Electoral Officer shall, within 180 days after the return of the writ, make available in electronic form, or in formats that include electronic form, to each candidate and to each registered party that endorsed a candidate in an electoral district a statement, prepared using documents prepared under paragraph 162(i.1), of electors who exercised their right to vote in the electoral district on polling day who can be identified using those documents.2018, c. 31, s. 371
Fees and Expenses of Election Officers
TariffOn the recommendation of the Chief Electoral Officer, the Governor in Council may make a tariff fixing or providing for the determination of fees, costs, allowances and expenses to be paid and allowed to returning officers and other persons employed at or in relation to elections under this Act.Treasury Board directiveThe tariff may incorporate by reference any Treasury Board directive regarding travel and living expenses, as it is amended from time to time.Effective dateThe Governor in Council may specify that a tariff made under subsection (1) has effect as of a day that is before the one on which it is made.Copy to House of CommonsA copy of a tariff made under subsection (1) and of any amendment made to one shall be laid before the House of Commons on any of the first 15 days on which that House is sitting after the making of the tariff or amendment.Payment of additional sumsIf it appears to the Chief Electoral Officer that the fees, costs, allowances and expenses provided for by a tariff under subsection (1) are not sufficient remuneration for the services required to be performed at an election or that a claim for any necessary service performed or for materials supplied for or at an election is not covered by the tariff, the Chief Electoral Officer may authorize the payment of any sum or additional sum for the services or materials that he or she considers just and reasonable.2000, c. 9, s. 542; 2014, c. 12, s. 119
Payment of claimsAll claims that relate to the conduct of an election shall be paid by electronic payment credited to the accounts of persons who are entitled to payment or by separate cheques issued from the office of the Receiver General and sent directly to such persons.2000, c. 9, s. 543; 2014, c. 12, s. 120
Accountable advanceAn accountable advance may be made to an election officer to defray office and other incidental expenses in any amount that may be approved under the tariff made under subsection 542(1).Preparation of accountsA returning officer shall prepare, in the prescribed form, all accounts to be submitted by the returning officer to the Chief Electoral Officer and is responsible for their correctness.
[Repealed, 2014, c. 12, s. 121]
Taxation of accountsThe Chief Electoral Officer shall, in accordance with the tariff made under subsection 542(1), tax all accounts that relate to the conduct of an election and transmit them without delay to the Receiver General.Rights savedDespite subsection (1), the rights, if any, of claimants to compel payment or further payment by process of law remain unimpaired.
Notice
Giving of noticesWhen any election officer is by this Act authorized or required to give a public notice and no special mode of notification is indicated, the notice may be in the form and given in the manner established by the Chief Electoral Officer.Posting of notices, etc.Notices and other documents required by this Act to be posted may be posted despite any law of Canada or of a province or any municipal ordinance or by-law.
Prohibition — removal of noticesNo person shall, without authority, remove, cover up or alter any Notice of Election or other document that is authorized or required by this Act to be posted.NoticeA notice that may be easily read — to the effect that it is an offence with severe penalties to remove, cover up or alter the document — shall appear on, or be posted near, a Notice of Election or other document referred to in subsection (1).
Solemn Declarations and Affidavits
Administration of solemn declarations and affidavitsSolemn declarations and affidavits referred to in this Act are to be received by the person who by this Act is expressly required to receive them and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, an election officer, a unit election officer as defined in section 177, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking oaths in the province.No fees for solemn declaration or affidavitAll solemn declarations and affidavits received under this Act are to be received free of charge.Making false declaration in solemn declaration or affidavitNo person shall make a false declaration in a solemn declaration or affidavit that is provided for by this Act.Compelling or inducing false declarationNo person shall compel, induce or attempt to compel or induce any other person to make a false declaration in a solemn declaration or affidavit that is provided for by this Act.2000, c. 9, s. 5492018, c. 31, s. 372
Solemn declaration — votingFor the purposes of subsections 143(3) and (3.2), sections 144 and 147 and paragraphs 161(1)(b) and 169(2)(b), the solemn declaration by which an elector proves his or her identity and residence, proves his or her residence only, proves that he or she is qualified as an elector or proves that he or she has not previously voted at the election shall be in the prescribed form, which shall include the statements thatthe elector resides at the address at which he or she claims to reside;the elector is 18 years of age or older or will be 18 years of age or older on polling day;the elector is a Canadian citizen; andthe elector has not previously voted in the election and is not an elector to whom section 235 applies.Solemn declaration — vouching for another electorFor the purposes of paragraph 143(3)(b) and subparagraphs 161(1)(b)(ii) and 169(2)(b)(ii), the solemn declaration by which an elector vouches for another elector shall be in the prescribed form, which shall include the statements thatthe other elector resides in a polling division assigned to the polling station;to the best of the elector’s knowledge, the other elector has not previously voted at the election;the elector knows the other elector;the elector is a Canadian citizen when the other elector votes;except in a case referred to in subsection 143(3.01), 161(2) or 169(2.01), the elector has not previously vouched for any other elector at the election; andthe elector has not been vouched for by another elector at the election.2018, c. 31, s. 372
Signed Pledges by Candidates Prohibited
Signed pledges by candidates prohibitedNo candidate shall sign a written document presented by way of demand or claim made on him or her by any person or association of persons, between the issue of the writ and polling day, if the document requires the candidate to follow a course of action that will prevent him or her from exercising freedom of action in Parliament, if elected, or to resign as a member if called on to do so by any person or association of persons.
By-Elections
Notice of withdrawal of writIf a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, the Chief Electoral Officer shall publish a notice in the Canada Gazette of the withdrawal of the writ and the cancellation of the election.
Forms
Tabling of formsEach form established for the purposes of paragraph 432(1)(a) or 437(1)(a) shall be laid before the House of Commons on any of the first 15 days that it is sitting after the form is made by the Chief Electoral Officer.2000, c. 9, s. 552; 2014, c. 12, s. 122
Payments out of Consolidated Revenue Fund
Amounts to be paid out of C.R.F.The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund:any amount payable under section 15;the remuneration paid to a person engaged or employed under section 20, any remuneration paid to staff referred to in section 19 for overtime work to enable the Chief Electoral Officer to exercise his or her powers and perform his or her duties and functions under this Act and any administration expenses that are incurred for that purpose;any expenses incurred by the Chief Electoral Officer to acquire information referred to in paragraph 46(1)(b);any fees, costs, allowances or expenses referred to in subsection 542(1) or (4);any expenses incurred by the Chief Electoral Officer for preparing and printing election material and for the purchase of election supplies.[Repealed, 2014, c. 12, s. 123]2000, c. 9, s. 553; 2014, c. 12, s. 1232018, c. 31, s. 373
Amendments
Application of amendments to subsequent electionNo amendment to this Act applies in an election for which the writ is issued within six months after the passing of the amendment unless, before the issue of the writ, the Chief Electoral Officer has published a notice in the Canada Gazette that the necessary preparations for the bringing into operation of the amendment have been made and that the amendment may come into force accordingly.AmendmentsIt is the duty of the Chief Electoral Officer immediately after the coming into force of an amendment to this Act to publish a consolidated version of this Act on the Chief Electoral Officer’s Internet site, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as the consolidated version has been so published and the forms and instructions have been so corrected and reprinted.2000, c. 9, s. 554; 2014, c. 12, s. 124
Judicial Review
When respondent is Chief Electoral OfficerIf an application is made for judicial review of a decision of the Chief Electoral Officer, or of any person to whom the Chief Electoral Officer has delegated any of his or her powers, duties and functions, the Chief Electoral Officer is the respondent in respect of the application.When respondent is CommissionerIf an application is made for judicial review of a decision of the Commissioner, the Commissioner is the respondent in respect of the application.2000, c. 9, s. 555; 2014, c. 12, s. 1252018, c. 31, s. 374
[Repealed, 2014, c. 12, s. 125]
[Repealed, 2014, c. 12, s. 125]
[Repealed, 2014, c. 12, s. 125]
[Repealed, 2014, c. 12, s. 125]
[Repealed, 2014, c. 12, s. 125]
[Repealed, 2014, c. 12, s. 125]
(Section 58)Writ of ElectionDeputy of the Governor GeneralELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.To of GREETING:WHEREAS, by and with the advice of OUR PRIME MINISTER OF CANADA, We have ordered a PARLIAMENT TO BE HELD AT OTTAWA, on the day of next. (Omit the foregoing preamble in case of a by-election.)WE COMMAND YOU that, notice of the time and place of election being duly given,YOU DO CAUSE election to be made according to law of a member to serve in the House of Commons of Canada for the said electoral district in the Province aforesaid (in case of a by-election: in the place of );AND YOU DO CAUSE the closing day for the nomination of candidates to be ;And if a poll becomes necessary, that the poll be held on ;AND YOU DO CAUSE the name of that member when so elected, whether present or absent, to be certified to Our Chief Electoral Officer, as by law directed (in case of a by-election, omit the following) as soon as possible and not later than the day of (year).Witness:, Deputy of Our Right Trusty and Well-beloved , Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, GOVERNOR GENERAL AND COMMANDER-IN-CHIEF OF CANADA.At Our City of , on and in the year of Our Reign.BY COMMAND,Chief Electoral Officer(Section 62)Notice of Election form(Subsections 116(1) and 138(1))Form of Ballot PaperFrontFront view of form of ballot paper with sample names and white circles next to each name all on a black backgroundForm of Ballot PaperBackBack view of form of ballot paper(Section 186)Form of Special Ballot PaperForm of special ballot paper2000, c. 9, Sch. 12018, c. 31, s. 375(Section 46)Provincial ActsAlbertaElection Act, R.S.A. 2000, c. E-1Traffic Safety Act, R.S.A. 2000, c. T-6Vital Statistics Act, S.A. 2007, c. V-4.1British ColumbiaElection Act, R.S.B.C. 1996, c. 106Motor Vehicle Act, R.S.B.C. 1996, c. 318Vital Statistics Act, R.S.B.C. 1996, c. 479ManitobaThe City of Winnipeg Charter Act, S.M. 2002, c. 39The Drivers and Vehicles Act, C.C.S.M. c. D104The Elections Act, S.M. 2006, c. 15, Sch. AThe Highway Traffic Act, S.M. 1985-86, c. 3The Municipal Councils and School Boards Elections Act, S.M. 2005, c. 27The Vital Statistics Act, R.S.M. 1987, c. V60New BrunswickElections Act, R.S.N.B. 1973, c. E-3Motor Vehicle Act, R.S.N.B. 1973, c. M-17Vital Statistics Act, S.N.B. 1979, c. V-3Newfoundland and LabradorElections Act, 1991, S.N.L. 1992, c. E-3.1Highway Traffic Act, R.S.N.L. 1990, c. H-3Vital Statistics Act, S.N.L. 2009, c. V-6.01Northwest TerritoriesElections and Plebiscites Act, S.N.W.T. 2006, c. 15Motor Vehicles Act, R.S.N.W.T. 1988, c. M-16Vital Statistics Act, S.W.N.T. 2011, c. 34Nova ScotiaElections Act, S.N.S. 2011, c. 5Motor Vehicle Act, R.S.N.S. 1989, c. 293Vital Statistics Act, R.S.N.S. 1989, c. 494NunavutMotor Vehicles Act, R.S.N.W.T. 1988, c. M-16, as duplicated for Nunavut by section 29 of the Nunavut Act, S.C. 1993, c. 28Nunavut Elections Act, S.Nu. 2002, c. 17Vital Statistics Act, R.S.N.W.T. 1988, c. V-3, as duplicated for Nunavut by section 29 of the Nunavut Act, S.C. 1993, c. 28OntarioElection Act, R.S.O. 1990, c. E.6Highway Traffic Act, R.S.O. 1990, c. H.8Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched.Vital Statistics Act, R.S.O. 1990, c. V.4Prince Edward IslandElection Act, R.S.P.E.I. 1988, c. E-1.1Highway Traffic Act, R.S.P.E.I. 1988, c. H-5Vital Statistics Act, R.S.P.E.I. 1988, c. V-4.1QuébecCivil Code of Québec, S.Q. 1991, c. 64Election Act, R.S.Q., c. E-3.3Highway Safety Code, R.S.Q., c. C-24.2SaskatchewanThe Election Act, 1996, S.S. 1996, c. E-6.01The Traffic Safety Act, S.S. 2004, c. T-18.1The Vital Statistics Act, S.S. 2009, c. V-7.21YukonElections Act, R.S.Y. 2002, c. 63Motor Vehicles Act, R.S.Y. 2002, c. 153Vital Statistics Act, R.S.Y. 2002, c. 225Other Sources of InformationCanada Post Corporation’s National Change of Address DatabaseImmigration, Refugees and Citizenship CanadaInfo-directTMPublic Curator (Quebec)2000, c. 9, Sch. 2; Canada Gazette Part I, Extra Volume 134, Nos. 6, 8; Canada Gazette Part I, Extra Volume 135, No. 1; 2002, c. 7, s. 95; Canada Gazette Part I, Volume 137, page 685; Canada Gazette Part I, Volume 138, pages 283, 976, 1329; Canada Gazette Part I, Volume 140, page 3630; Canada Gazette Part I, Volume 142, pages 2159 to 2161; Canada Gazette Part I, Volume 148, page 623Canada Gazette Part I, Volume 153, page 1248(Paragraphs 66(1)(e) and (f) and section 539)List of Electoral DistrictsProvince of OntarioKapuskasing — Timmins — MushkegowukKenora — KiiwetinoongSault Ste. Marie — AlgomaSudbury East — Manitoulin — Nickel BeltThunder Bay — Rainy RiverThunder Bay — Superior NorthProvince of QuebecAbitibi — Baie-James — Nunavik — EeyouAbitibi — TémiscamingueCôte-Nord — Kawawachikamach — NitassinanProvince of ManitobaChurchill — Keewatinook AskiRiding MountainProvince of British ColumbiaCariboo — Prince GeorgeKamloops — Thompson — NicolaNorth Island — Powell RiverPrince George — Peace River — Northern RockiesSkeena — Bulkley ValleyProvince of SaskatchewanBattlefords — Lloydminster — Meadow LakeDesnethé — Missinippi — Churchill RiverPrince AlbertYorkton — MelvilleProvince of AlbertaFort McMurray — Cold LakeGrande PrairieLakelandPeace River — WestlockYellowheadProvince of Newfoundland and LabradorCentral NewfoundlandLabradorLong Range MountainsYukonYukonNorthwest TerritoriesNorthwest TerritoriesNunavutNunavut[Note: Names of electoral districts may change before Schedule 3 is officially amended. For the most up-to-date list, see the Schedule 3 profile page on Elections Canada’s website at this link:https://www.elections.ca/content.aspx?section=res&dir=loi%2Ffel%2Fs3&document=index&lang=e ]2000, c. 9, Sch. 3; 2002, c. 7, s. 95; Canada Gazette Part I, Extra Volume 138, No. 5; Canada Gazette Part I, Extra Volume 149, No. 22018, c. 31, s. 376Canada Gazette Part I, Extra Volume 159, No. 4(Subsection 304(3))Procedure for RecountsPersons Who May Be PresentOnly the following persons may be present during the recount in addition to the judge, the returning officer and the staff that the returning officer asks to assist in the recount and the recount teams:the candidates;up to two representatives for each candidate who are not members of a recount team;one legal counsel for each candidate;legal counsel for the Chief Electoral Officer; andany other person that the judge allows.Persons referred to in paragraph 1(e) may observe the conduct of the recount but shall not participate. They may bring any concerns they have to the attention of the returning officer who shall relay them to the judge. The judge shall take any measure that he or she considers appropriate.Recount TeamsThe judge shall, with the Chief Electoral Officer’s approval, establish an appropriate number of recount teams, each consisting of two members appointed by the returning officer — one to have the responsibilities of handler and the other those of recorder — and one representative appointed by each candidate who wishes to be represented on the recount team. Each team is to be assigned a sequential team number, beginning with 1.Process — GeneralEach recount team shall be assigned to a table and shall remain at its table except during breaks as directed by the judge. To the extent practical, these breaks shall commence only after the recount of a particular ballot box has been completed.The functions of a recount team are the following:to examine the ballots in any ballot box assigned to it to ascertain whether the team agrees on their classification;to set aside for examination by the judge any ballots on whose classification there is not agreement (“disputed ballot”); andto count and report the number of ballots in each classification.At any time during the recount, the candidates referred to in paragraph 1(a) may consent to having the judge conduct the recount by adding the number of votes reported in the statements of the vote, instead of the counting of ballots.The returning officer shall assign ballot boxes to recount teams throughout the recount in a manner that promotes the efficient and continuous counting of ballots, having regard to the number of ballots in each ballot box.A ballot box shall not be assigned to a recount team if the handler or the recorder of that team was assigned to the advance polling station or polling station from which the box originated.Ballots cast under Part 11 of this Act shall be assigned to recount teams 1 to 3. The process set out in sections 10 to 18 shall be followed with any necessary modifications with regard to envelopes containing ballots cast under that Part. No other ballots or ballot boxes shall be assigned to those teams until the recount of those ballots has been completed.Only the handler or the recorder of a recount team shall handle a ballot box or an envelope containing ballots that is assigned to his or her recount team or any other document or other election material that is in or accompanies the box or envelope.Process — for Each Ballot BoxWhen a ballot box and the corresponding original statement of the vote are delivered to a recount team,the recorder shall note the number of the ballot box on the Recount Ballot Box Report in the prescribed form; andthe handler shall open the ballot box, remove and open the large envelope referred to in subsection 288(3) of this Act and remove from it the envelopes containing ballots.The recount team shall examine the envelopes containing spoiled ballots and unused ballots without opening them.If there is any dispute concerning one of those envelopes or a request that one of them be opened, the question shall be determined by the judge.The recount team shall recount first the ballots in the envelope containing the rejected ballots, if any — according to the criteria referred to in section 269, 279, 284 or 285 of this Act — and then, envelope by envelope in alphabetical order of the candidates’ names, the ballots that were classified as valid votes in favour of candidates.For Each Envelope — Review of BallotsThe recount of the ballots from each of those envelopes shall be conducted in accordance with the following steps:the handler shall choose the appropriate envelope;if any ballots were placed with that envelope as a result of the earlier examination of another envelope, the handler shall place those ballots in a single pile (the “counting pile”);the handler shall unseal the envelope and, taking the first of those ballots,if a counting pile has already been established, place it on the counting pile, andif no counting pile has yet been established, establish one with that first ballot;the handler shall invite all members of the recount team to examine — but not handle — the ballot;the handler shall ascertain whether there is unanimous agreement in the recount team that the ballotwas correctly classified, orshould be assigned to some other classification;if there is no unanimous agreement, each representative of a candidate is entitled to call for one of their candidate’s representatives who is not a member of a recount team or their candidate’s legal counsel, or both, who may then make representations to the team;if, after any such representations, there is still no unanimous agreement on the classification of the ballot, the ballot shall be treated as a disputed ballot, in which casethe handler shall take the ballot from the counting pile, print on the back of the ballot (with the pen or pencil supplied to the recount team in small but legible script), a number in the form “XX-Y” where “XX” is the ballot box number and “Y” is a unique sequential number starting at “1” for each disputed ballot within that box,the recorder shall make an entry for the disputed ballot in the register of disputed ballots in the Recount Ballot Box Report, indicating its number and the envelope from which it originated, andthe handler shall put the disputed ballot with an additional envelope marked “disputed ballots”;if there is unanimous agreement that the ballot was correctly classified, it shall remain on the counting pile;if there is unanimous agreement that the ballot should be assigned to some other classification, the handler shall take it from the counting pile andif the envelope containing ballots of that other classification has not yet been recounted, the handler shall place the ballot with that envelope and the recorder shall note the re-classification of the ballot and the reason for it on the Recount Ballot Box Report, andif the envelope containing ballots of that other classification has already been recounted, the handler shall place the ballot in that envelope and the recorder shall note the re-classification of the ballot and the reason for it on the Recount Ballot Box Report and adjust the number of ballots recorded in the report for that other classification accordingly;for each subsequent ballot in the envelope, the handler shall place it on top of the counting pile, and steps (d) to (i) apply with respect to it; andwhen all ballots from the envelope have been examined by the team, the handler shall count the ballots in the counting pile, the recorder shall make a note of that number on the Recount Ballot Box Report and the handler shall place those ballots in the envelope without sealing it.Preparation for Return of Ballot BoxWhen all envelopes from the ballot box — except those designated as containing spoiled ballots and unused ballots — have been recounted, if there are any disputed ballots,the handler shall count the disputed ballots and place them in the disputed ballots envelope and indicate the number of the corresponding ballot box on the envelope;the recorder shall note the number of disputed ballots on the Recount Ballot Box Report, confirm the accuracy of the report with the recount team, invite the candidates’ representatives to initial it and attach it to the disputed ballots envelope together with the corresponding original statement of the vote; andthe handler shall not seal the envelope containing rejected ballots, if any, or the envelopes for each candidate, and shall place the envelopes, including the unsealed disputed ballots envelope, in the ballot box along with the Recount Ballot Box Report, the corresponding original statement of the vote and the large envelope.However, if there are no disputed ballots,the handler shall seal the envelope containing rejected ballots, if any, and the envelopes for each candidate and place them in the ballot box;the recorder shall confirm the accuracy of the Recount Ballot Box Report with the recount team, invite the candidates’ representatives to initial it, and give it to the handler; andthe handler shall place the Recount Ballot Box Report, the corresponding original statement of the vote and the large envelope in the ballot box.When the actions in subsection (1) or (2) have been completed, the handler shall signal by raised hand that the recount team has completed its work with that ballot box.Return of Ballot BoxA person designated by the returning officer from among his or her staff shall bring the recount team another ballot box and shall take the recounted ballot box from the recount team and deliver it to the returning officer.On receipt of a recounted ballot box, the returning officer shall ascertain whether it contains a disputed ballots envelope.If There Are No Disputed BallotsIf the ballot box does not contain a disputed ballots envelope, the returning officer shall provide the Recount Ballot Box Report and attached original statement of the vote to the judge.The judge shall review the report and statement and, if satisfied, shall initial the report to indicate his or her approval.If the judge approves the report, the returning officer shall cause the sealed envelopes to be placed in the large envelope, the large envelope to be sealed and placed in the ballot box, the ballot box to be sealed and placed in a secure location designated for ballot boxes for which the recount has been completed and the report and statement to be given to the person responsible for the preparation of the Master Recount Report.If the judge does not approve the report, the judge shall determine how to proceed with the ballot box.If There Are Disputed BallotsIf the ballot box contains a disputed ballots envelope, the judge shall cause it to be dealt with in accordance with the following steps:photocopies of the front and back of each disputed ballot in the disputed ballots envelope shall be made — one for each party referred to in paragraphs 1(a) to (c), as the case may be, and one for the judge. Then the disputed ballot shall be returned to the disputed ballots envelope;after step (a) is completed for all the disputed ballots, the disputed ballots envelope shall be returned to the ballot box;the judge shall then set a time for the determination of the classification of the disputed ballots. Before the judge makes a determination with respect to a disputed ballot, each party may make submissions. Unless the judge decides otherwise, for the purpose of making submissions, any party opposing the original classification of the ballot will be considered an applicant, and all other parties will be considered respondents;the judge shall, in the Recount Ballot Box Report, indicate in writing the determination with respect to each disputed ballot and complete the judge’s disposition portion of the report;the judge shall cause each ballot for which a determination of classification has been made to be placed into the appropriate envelope corresponding to the determination, and shall cause the envelopes to be sealed and placed in the large envelope and the large envelope to be sealed and placed in the ballot box;the judge shall cause the ballot box and its contents to be sealed and placed in a secure location designated for ballot boxes for which the recount has been completed; andthe judge shall sign the Recount Ballot Box Report, which shall be given, with the judge’s disposition noted on it, to the person responsible for the preparation of the Master Recount Report along with the original statement of the vote.Master Recount Report and Certificate of VotesA person designated by the judge shall transfer the final results shown on the Recount Ballot Box Reports onto the Master Recount Report.Each of the parties referred to in paragraphs 1(a) to (c), as the case may be, and the returning officer shall have the opportunity, from time to time and at the conclusion of the preparation of the Master Recount Report, to inspect and compare the Recount Ballot Box Reports and the Master Recount Report, and to bring any error or discrepancy noted to the attention of the judge.When the recount is complete, the parties referred to in paragraphs 1(a) to (c), as the case may be, may make their final submissions to the judge with respect to the accuracy of the Master Recount Report and the judge shall determine any issues arising from those submissions and ensure that the Master Recount Report is completed in accordance with any such determination.The judge shall — on the basis of the Master Recount Report — without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate and deliver the original of the certificate to the returning officer and a copy of it to each of the parties referred to in paragraphs 1(a) to (c), as the case may be.Other Powers of the JudgeThe judge may alter these procedures during the recount after giving the parties referred to in paragraphs 1(a) to (c), as the case may be, and the returning officer the opportunity to make submissions.Any matter not dealt with in these procedures, and any question arising as to the application of these procedures, is to be determined by the judge, including whether persons referred to in section 1 are permitted to communicate with the media.2014, c. 12, s. 1262018, c. 31, s. 377RELATED PROVISIONS — 2003, c. 19, s. 65
Prior contributionsA contribution made before the coming into force of this section shall not be taken into account for the purposes of subsections 404.1(1) and 405(1) of the Canada Elections Act, as enacted by this Act.
 — 2003, c. 19, s. 66
Coming into force during an election periodIf this section comes into force during an election period, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses.Prior electionsFor greater certainty, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to any election that preceded the coming into force of this section and to all related obligations or rights including obligations to report and rights to reimbursement of election expenses.
 — 2003, c. 19, s. 67
Coming into force during a leadership contestIf this section comes into force during a competition for the selection of the leader of a registered party, the Canada Elections Act, as amended by this Act, does not apply with respect to that competition.
 — 2003, c. 19, s. 68
Suspended partyA political party whose registration is suspended immediately before this section comes into force is deregistered on the day on which it comes into force. The Canada Elections Act, as amended by this Act, applies with respect to the deregistration.
 — 2003, c. 19, s. 69
Financial reporting — registered partiesDespite section 66, for the fiscal period of a registered party during which this section comes into force,sections 424 to 427 and 429 to 431 of the Canada Elections Act, as amended by this Act, apply in respect of the documents that the registered party must provide in relation to that fiscal period; andwith respect to contributions accepted by a registered party during that fiscal period and before the coming into force of this section, subsection 424(2) shall apply as if paragraphs 424(2)(a) to (c.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 424(2)(c) shall be applied without regard to the words “for its use, either directly or through one of its electoral district associations or a trust fund established for the election of a candidate endorsed by the registered party”.Prior fiscal periodSections 424 to 428 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered party must provide in relation to any fiscal period ending before the coming into force of this section.
 — 2003, c. 19, s. 70
Electoral campaign return of candidateFor the electoral campaign return of a candidate filed after this section comes into force,sections 451 to 456 of the Canada Elections Act, as amended by this Act, apply; andwith respect to contributions accepted by a candidate before the coming into force of this section, subsection 451(2) shall apply as if paragraphs 451(2)(f) to (h.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 451(2)(h) shall be applied without regard to the words “either directly or through a registered party that endorses the candidate or through one of its trust funds, a trust fund established for the election of the candidate or an electoral district association”.
 — 2003, c. 19, s. 71
Proportionate allowanceFor the quarter during which this section comes into force, the allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by this Act, shall be proportionate to that part of the quarter during which that section is in force.Advance paymentThe allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by section 40 of this Act, for the quarter during which this section comes into force and for any remaining quarters of the year during which it comes into force shall be estimated on the basis of the most recent general election preceding the coming into force of this section and paid within 30 days after its coming into force. Subsection 435.02(2) of the Canada Elections Act, as enacted by this Act, applies to that payment with any modifications that may be required.Advance payment to be taken into accountIn the application of sections 435.01 and 435.02 of the Canada Elections Act, as enacted by this Act, any amount paid under subsection (2) in relation to a quarter shall be taken into account. A registered party that received an amount under subsection (2) for a quarter that is in excess of the amount to which it is entitled under those sections for that quarter shall without delay return to the Receiver General the amount of that excess. The Receiver General may reduce any other amount payable to the party by the amount of that excess.
 — 2003, c. 19, s. 72
Next general electionFor the first general election after the coming into force of this section, the reference to “50%” in subsection 435(1) of the Canada Elections Act, as enacted by this Act, shall be read as a reference to “60%”.
 — 2004, c. 24, s. 25
Parties to perfect registrationA party that is registered or eligible to become registered on the day on which this Act comes into force shall, within six months after that day, provide to the Chief Electoral Officer the information described in paragraphs 366(2)(d), (f), (i) and (j) of the Canada Elections Act, as enacted by this Act.Requirements do not applySubsection 369(2), section 374.1, paragraph 377(2)(b.1), sections 378 and 380.1 and subsections 382(4) and 384(3) of the Canada Elections Act, as enacted by this Act, do not apply — until six months after the day on which this Act comes into force — in respect of a party that is registered or eligible to become registered on that day.Requirements continue to applySubsection 369(2), section 378 and subsection 382(4) of the Canada Elections Act, as they read immediately before the day on which this Act comes into force, continue to apply — until six months after that day — in respect of a party that is registered or eligible to become registered on that day.
 — 2004, c. 24, s. 26, as amended by 2006, c. 1, s. 1
ReviewWithin two years after the coming into force of this section, the committee of the Senate that normally considers electoral matters, and the committee of the House of Commons that normally considers electoral matters, shall each undertake a comprehensive review of the amendments made by this Act and submit a report to its House containing its recommendations concerning those amendments.
 — 2006, c. 9, s. 60
Transitional — Registered associationsSections 403.35 and 403.36 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered association must provide in relation to the fiscal period ending after the coming into force of this section.
 — 2006, c. 9, s. 61
Transitional — CandidatesIf a candidate was, before the coming into force of this section, deemed under section 365 of the Canada Elections Act to have been a candidate, then section 451 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the official agent of the candidate must provide in relation to the election next following the coming into force of this section.
 — 2006, c. 9, s. 62
Transitional — Nomination campaignsIf a nomination contestant was, before the coming into force of this section, deemed under section 478.03 of the Canada Elections Act to have been a nomination contestant, then section 478.23 of that Act, as it read immediately before the coming into force of this section, applies with respect to the documents that the financial agent of the nomination contestant must provide in relation to the nomination campaign of that contestant.
 — 2006, c. 9, s. 178
Incumbent returning officersThe term of office of a returning officer who holds office immediately before the day on which this section comes into force expires on that day.No right to compensationNo person has any right or claim to receive compensation, damages, indemnity or any other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office pursuant to subsection (1).
 — 2014, c. 12, s. 127
Chief Electoral Officer — application of section 13Despite section 13 of the Canada Elections Act, as enacted by section 3, the person who occupies the position of Chief Electoral Officer immediately before the day on which that section 3 comes into force may continue to hold office until he or she reaches the age of 65 years.
 — 2014, c. 12, s. 128
Coming into force during election periodIf section 86 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses.Prior electionsAll obligations and rights arising out of any election that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report and rights to reimburse­ment of election expenses, are subject to the Canada Elections Act as it read at the time of that election.
 — 2014, c. 12, s. 129
Prior loans and unpaid claimsLoans made before the day on which section 86 comes into force, and claims that are still unpaid on that day, are subject to the Canada Elections Act as it read immediately before that day.
 — 2014, c. 12, s. 130
Registered parties — financial reportingFor the fiscal period of a registered party during which section 86 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered party is to provide in relation to its financial transactions for that fiscal period.
 — 2014, c. 12, s. 131
Registered associations — financial reportingFor the fiscal period of a registered association during which section 86 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered association is to provide in relation to its financial transactions for that fiscal period.
 — 2014, c. 12, s. 132
Coming into force during nomination contestIf section 86 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations including obligations to report.Prior nomination contestsAll obligations arising out of any nomination contest that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that nomination contest.
 — 2014, c. 12, s. 133
Coming into force during leadership contestIf section 86 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations including obligations to report.Prior leadership contestsAll obligations arising out of any leadership contest that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that leadership contest.
 — 2014, c. 12, s. 134
Commissioner of Canada Elections — continuation of termIf the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for at least 18 months, he or she shall continue in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act as enacted by that section 108. However, his or her term of office begins on the date of his or her appointment under section 509 of the Canada Elections Act as it read immediately before the day on which that section 108 comes into force.Commissioner of Canada Elections — terminationIf the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for less than 18 months, his or her term of office expires on that day.No right to compensationA person to whom subsection (2) applies does not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office as a result of subsection (2).
 — 2014, c. 12, s. 135
DefinitionFor the purposes of this section, former portions means the following portions of the federal public administration in the Office of the Chief Electoral Officer:the portion known as the Investigations Directorate;the portion known as the Compliance and Enforcement Directorate; andthe portion known as Internal Services – Investigations and Compliance and Enforcement.Transfer of appropriationsAny amount that was appropriated, for the fiscal year in which this section comes into force, for defraying the charges and expenses in respect of the former portions and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Director of Public Prosecutions for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.Continuation of legal proceedingsAny action, suit or other legal proceedings to which the Chief Electoral Officer is a party relating to the former portions that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Director of Public Prosecutions in the same manner and to the same extent as it could have been continued by or against the Chief Electoral Officer.Employment continuedNothing in this Act is to be construed as affecting the status of an employee who, immediately before the day on which this section comes into force, occupied a position in the former portions, except that the employee shall, beginning on that day, occupy his or her position in the Office of the Director of Public Prosecutions.
 — 2018, c. 20, s. 12
Coming into force during election period — regulated fundraising eventsIf section 2 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights including obligations to report.
 — 2018, c. 20, s. 13
Coming into force during nomination contestIf section 3 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations and rights including obligations to report.Prior nomination contestsAll obligations and rights arising out of any nomination contest that took place before the day on which section 3 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that nomination contest.
 — 2018, c. 20, s. 14
Coming into force during leadership contestIf section 7 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations and rights including obligations to report.Prior leadership contestsAll obligations and rights arising out of any leadership contest that took place before the day on which section 7 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that leadership contest.
 — 2018, c. 31, s. 380
Words and expressions — Canadian Forces electorsWords and expressions used in sections 381 and 382 have the same meaning as in section 177 of the Canada Elections Act, as it read immediately before the day on which section 134 of this Act comes into force.Words and expressions — electors resident outside CanadaWords and expressions used in section 383 have the same meaning as in section 177 of the Canada Elections Act, as it read immediately before the day on which section 153 of this Act comes into force.Words and expressions — other casesWords and expressions used in sections 384 to 389 have the same meaning as in subsection 2(1) of the Canada Elections Act, as it read immediately before the day on which the section in question comes into force.
 — 2018, c. 31, s. 381
Deemed place of ordinary residenceFor the purpose of subsection 8(1) of the Canada Elections Act, on the day on which section 134 of this Act comes into force, the place of ordinary residence of a person referred to in paragraph 191(a), (c) or (d) of the Canada Elections Act, as it read immediately before that day, who has made a statement of ordinary residence that has been validated before that day in accordance with paragraph 196(2)(a) of that Act, as it read immediately before that day, is deemed to be the place of ordinary residence identified by that person in their statement of ordinary residence.Retention of validated statementThe commanding officer of the unit in which the person is serving shall retain the validated statement of ordinary residence referred to in subsection (1) for a period of two years after the day on which section 134 of this Act comes into force.Statements to be destroyedSubject to subsection (2), the commanding officer may destroy any original or copy of a statement of ordinary residence that was filed with the unit.
 — 2018, c. 31, s. 382
Right to register — Register of ElectorsEach commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is entitled to vote in accordance with section 191 of the Canada Elections Act of the right to ask the Chief Electoral Officer to include the person in the Register of Electors, as defined in subsection 2(1) of that Act, or, if already included in it, to ask for their registration to be updated.Right to register — Register of Future ElectorsEach commanding officer shall, without delay after the day on which section 134 of this Act comes into force, inform every person who serves in his or her unit and is qualified as a future elector, as defined in subsection 2(1) of the Canada Elections Act, of the right to ask the Chief Electoral Officer to include the person in the Register of Future Electors, as defined in that subsection.
 — 2018, c. 31, s. 383
Electors resident outside CanadaIf, before the day on which section 153 comes into force, an application for registration and special ballot is made under Division 3 of Part 11 of the Canada Elections Act but no decision has been made in respect of it, it is deemed to have been made under that Division as it reads on that day.
 — 2018, c. 31, s. 384
Coming into force during election periodIf section 1 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights, including obligations to report and rights to reimbursement of election expenses.Prior electionsAll obligations and rights arising out of any election that took place before the day on which section 1 comes into force and that are still outstanding on that day, including obligations to report and rights to reimbursement of election expenses, are subject to the Canada Elections Act as it read immediately before the day on which the writ is issued for that election.Bill C-50Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 1 comes into force but both the other Act and that section come into force during the same election period, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that election and all related obligations and rights, including obligations to report and rights to reimbursement of election expenses.
 — 2018, c. 31, s. 385
Registered parties — financial reportingFor the fiscal period of a registered party during which section 268 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered party is to provide in relation to its financial transactions for that fiscal period.
 — 2018, c. 31, s. 386
Registered associations — financial reportingFor the fiscal period of a registered association during which section 272 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered association is to provide in relation to its financial transactions for that fiscal period.
 — 2018, c. 31, s. 387
Coming into force during nomination contestIf section 282 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations, including obligations to report.Prior nomination contestsAll obligations arising out of any nomination contest that took place before the day on which section 282 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read immediately before the date on which the nomination contest began.Bill C-50Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 282 comes into force but both the other Act and that section come into force during the same nomination contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that nomination contest and all related obligations, including obligations to report.
 — 2018, c. 31, s. 388
Coming into force during leadership contestIf section 313 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations, including obligations to report.Prior leadership contestsAll obligations arising out of any leadership contest that took place before the day on which section 313 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read immediately before the day on which the leadership contest began.Bill C-50Despite subsection (1), if Bill C-50, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Elections Act (political financing) (in this subsection referred to as the “other Act”) receives royal assent, and if the other Act comes into force before the day on which section 313 comes into force but both the other Act and that section come into force during the same leadership contest, then the Canada Elections Act, as it read immediately before the day on which the other Act comes into force, applies with respect to that leadership contest and all related obligations, including obligations to report.
 — 2018, c. 31, s. 389
Commissioner of Canada Elections — continuation of termThe person who holds the office of Commissioner of Canada Elections immediately before the day on which section 351 comes into force continues in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act, as enacted by that section 351. However, his or her term of office begins on the day on which he or she was actually appointed.
 — 2018, c. 31, s. 390
Definition of former portionFor the purposes of this section, former portion means the portion of the federal public administration in the Office of the Director of Public Prosecutions in which, immediately before the day on which this section comes into force, the employees referred to in section 509.3 of the Canada Elections Act occupied their positions.Transfer of appropriationsAny amount that was appropriated, for the fiscal year in which this section comes into force, for defraying the charges and expenses in respect of the former portion and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Chief Electoral Officer for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.Continuation of legal proceedingsAny action, suit or other legal proceedings to which the Director of Public Prosecutions is a party relating to the former portion that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Chief Electoral Officer in the same manner and to the same extent as it could have been continued by or against the Director of Public Prosecutions.Employment continuedNothing in this Act is to be construed as affecting the status of an employee who, immediately before the day on which this section comes into force, occupied a position in the former portion, except that the employee shall, beginning on that day, occupy their position in the Office of the Chief Electoral Officer.
 — 2021, c. 23, s. 362
Election within six monthsDespite subsection 554(1) of the Canada Elections Act, the amendments to that Act made by section 361 apply in an election for which the writ is issued within six months after the day on which this Act receives royal assent.
 — 2022, c. 17, s. 76
Clarification — immediate applicationFor greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
 — 2022, c. 17, par. 77(2)(e)
Certain applications for warrantsEach of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day:subsection 175(9) of the Canada Elections Act;
 — 2022, c. 17, s. 78.1
Impact of remote proceedingsThe Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedingsenhance, preserve or adversely affect access to justice;maintain fundamental principles of the administration of justice; andadequately address the rights and obligations of participants in the criminal justice system, including accused persons.ReportThe Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
 — 2022, c. 17, s. 78.2
Review by committeeAt the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.ReportThe committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
 — 2023, c. 26, s. 681
Election within six monthsDespite subsection 554(1) of the Canada Elections Act, the amendment to that Act made by section 680 applies in an election for which the writ is issued within six months after the day on which this Act receives royal assent.
2026, c. 22026-03-12Canada Gazette Part I, Vol. 159, no. EXTRA 4, page 1-22025-03-262023, c. 262023-06-222023, c. 82023-04-272022, c. 172023-01-142021, c. 232021-06-292018, c. 31, s. 1002019-06-132018, c. 31, s. 1012019-06-132018, c. 31, s. 1022019-06-132018, c. 31, s. 1032019-06-13