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

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Marginal note:Report on agents of eligible parties

 An 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.
Marginal note:Statement of assets and liabilities

 Within six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer with

  • (a) a 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;

  • (b) 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; and

  • (c) a 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.
Marginal note:Annual fiscal period
  •  (1) The fiscal period of a registered party is the calendar year.

  • Marginal note:Adjustment of fiscal period

    (2) Without 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.
Marginal note:Registry of political parties

 The Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h) and subsections 396(2) and 418(2).

  • 2000, c. 9, s. 394;
  • 2014, c. 12, s. 86.

Officers, Registered Agents, Auditors and Members

Marginal note:Minimum number of officers
  •  (1) Subject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party.

  • Marginal note:Eligibility — officer

    (2) Only 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.

  • Marginal note:Appointment of replacement

    (3) In 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.

  • Marginal note:Report of appointment

    (4) Within 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.
Marginal note:Registered agents
  •  (1) A registered party may appoint persons to act as its registered agents, subject to any terms and conditions that the appointment specifies.

  • Marginal note:Report of appointment

    (2) Within 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.
Marginal note:Agents — corporations
  •  (1) A corporation incorporated under the laws of Canada or a province is eligible to be

    • (a) a chief agent or a registered agent of a registered party; or

    • (b) a chief agent or an agent of an eligible party.

  • Marginal note:Agents — ineligibility

    (2) The following persons are ineligible to be a chief agent, a registered agent or an agent:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a candidate;

    • (c) an auditor appointed as required by this Act;

    • (d) subject to subsection (1), a person who is not an elector;

    • (e) an undischarged bankrupt; and

    • (f) a 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.
Marginal note:Auditor — eligibility
  •  (1) Only the following are eligible to be an auditor for a registered party or an eligible party:

    • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or

    • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

  • Marginal note:Auditor — ineligibility

    (2) The following persons are ineligible to be an auditor:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a candidate or their official agent;

    • (c) an officer of a registered party or an eligible party;

    • (d) a chief agent of a registered party or an eligible party;

    • (e) a registered agent of a registered party;

    • (f) an electoral district agent of a registered association;

    • (g) a nomination contestant or their financial agent;

    • (h) a leadership contestant or their leadership campaign agent; and

    • (i) a financial agent of a registered third party.

  • 2000, c. 9, s. 398;
  • 2014, c. 12, s. 86.
Marginal note:Consent

 A 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.
Marginal note:Replacement of chief agent or auditor
  •  (1) In 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.

  • Marginal note:Report of appointment

    (2) Within 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.
Marginal note:Only one chief agent and auditor

 A 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.
 
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