GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 359
iod referred to in paragraph (a), their name, address and class, and the amount and date of each contribution; (b.1) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and (c) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses. Exceptions (4.1) The 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 of (a) a by-election that was held after the general election referred to in paragraph (4)(a); or (b) a 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). Loans (5) For the purpose of subsection (4), a contribution includes a loan. Categories (6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor: (a) individuals; (b) businesses; (c) commercial organizations; (d) governments; (e) trade unions; (f) corporations without share capital other than trade unions; and (g) unincorporated organizations or associations other than trade unions. Names to be provided (7) If 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. Declaration (8) A third-party expenses return shall include a declaration that the return is accurate signed by (a) the third party’s financial agent; and (b) if 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 documents (9) A 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. 20 2018, c. 31, s. 234
Canada Elections Act — E-2.01 359.1
Prohibition — false, misleading or incomplete document 359.1 No third party shall file under subsection 359(1) a third-party expenses return that (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or (b) does not substantially set out the information required under section 359. 2018, c. 31, s. 235
Canada Elections Act — E-2.01 360
Auditor’s report 360 (1) If 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 report (2) The 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. Statement (3) An auditor shall include in the report any statement that the auditor considers necessary, when (a) the 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; (b) the auditor has not received from the third party all of the required information and explanation; or (c) based on the auditor’s examination, it appears that proper accounting records have not been kept by the third party. Right of access (4) The 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. 360 2018, c. 31, s. 236
Canada Elections Act — E-2.01 361
Minor corrections — Chief Electoral Officer 361 (1) The 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 Officer (2) The 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 revision (3) If 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. 361 2018, c. 31, s. 237
Canada Elections Act — E-2.01 361.1
Extensions — Chief Electoral Officer 361.1 (1) The 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. Deadline (2) The 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
Canada Elections Act — E-2.01 361.2
Corrections or revisions — Chief Electoral Officer 361.2 (1) The 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 delay (2) The application shall be made immediately after the third party becomes aware of the need for correction or revision. Deadline for corrections or revisions (3) The 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 deadline (4) The 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 deadline (5) The 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
Canada Elections Act — E-2.01 361.3
Extensions, corrections or revisions — judge 361.3 (1) A third party may apply to a judge for an order (a) relieving the third party from the obligation to comply with a request referred to in subsection 361(2); (b) authorizing an extension referred to in subsection 361.1(1); or (c) authorizing 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. Deadline (2) The application may be made (a) under paragraph (1)(a), within the specified period referred to in subsection 361(2) or within the two weeks after the end of that period; (b) under paragraph (1)(b), within two weeks after, as the case may be, (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 361.1(2), the end of the two-week period referred to in that subsection, (ii) the rejection of an application for an extension made in accordance with section 361.1, or (iii) the end of the extended period referred to in subsection 361.1(1); or (c) under 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 — extension (3) The 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 revisions (4) The 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 order (5) The 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
Canada Elections Act — E-2.01 362
Publication 362 The Chief Electoral Officer shall, in the manner he or she considers appropriate, (a) publish the names and addresses of registered third parties, as they are registered; (a.1) publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1); (b) publish, within one year after the issue of the writ, returns filed under subsection 359(1); and (c) publish, 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. 362 2018, c. 31, s. 238
Canada Elections Act — E-2.01 363
Prohibition — ineligible contributors 363 (1) No 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 contributions (2) If 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 divisions (3) For 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 agents (4) A 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
Canada Elections Act — E-2.01 364
from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3). Exclusion — paid leave of absence (6) The 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 fees (7) The 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. Contribution (8) For 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. Prohibition (9) No 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. 86 2018, c. 31, s. 239
Canada Elections Act — E-2.01 365
Certain transfers prohibited 365 (1) No 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 contribution (2) In 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. Exception (3) Subsection (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. Presumption (4) The 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
Canada Elections Act — E-2.01 366
Issuance of receipts 366 (1) Any 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 keeping (2) If 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) a description of the function at which the contributions were collected; (b) the date of the function; (c) the approximate number of people at the function; and (d) the total amount of the anonymous contributions received. 2000, c. 9, s. 366; 2004, c. 24, s. 3; 2014, c. 12, s. 86
Canada Elections Act — E-2.01 368
Prohibition — circumventing limits 368 (1) No person or entity shall (a) circumvent, 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; or (b) act in collusion with another person or entity for that purpose. Prohibition — concealing source of contribution (2) No person or entity shall (a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or (b) act in collusion with another person or entity for that purpose. Prohibition — accepting excessive contributions (3) No person who is permitted to accept contributions under this Act shall accept a contribution that exceeds a limit under this Act. Prohibited agreements (4) No 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. 86 2018, c. 31, s. 241
Canada Elections Act — E-2.01 369
Prohibition — soliciting or accepting contribution 369 (1) No 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 — collusion (2) No 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
Canada Elections Act — E-2.01 370
Prohibition — making indirect contributions 370 (1) No 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 contestants (2) Despite 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
Canada Elections Act — E-2.01 371
Limit on cash contributions 371 No 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
Canada Elections Act — E-2.01 372
Return of contributions 372 If 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. 86 2018, c. 31, s. 242
Canada Elections Act — E-2.01 373
Ineligible lenders and guarantors 373 (1) Except as permitted under this section, no person or entity shall (a) make a loan to a registered party or a registered association; (b) make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; or (c) guarantee a loan referred to in paragraph (a) or (b). Ineligible borrowers (2) Except 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 institutions (3) A 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 — individuals (4) 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 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): (a) the amounts of the individual’s contributions, (b) 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, and (c) the 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 loans (5) A loan may be made in writing (a) by a registered party to a registered association of the party or a candidate endorsed by the party; or (b) by 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 suretyships (6) A 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
Canada Elections Act — E-2.01 374
Prohibition — making indirect loans 374 No 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
Canada Elections Act — E-2.01 374.1
Nomination campaign expenses 374.1 (1) A nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, including (a) a nomination contest expense; (b) a litigation expense; (c) travel and living expenses; (d) a personal expense; and (e) any fees of an auditor appointed under subsection 476.77(1) that have not been reimbursed by the Receiver General. Exclusions — administrative monetary penalties, etc. (2) For greater certainty, none of the following is a nomination campaign expense: (a) the amount of any administrative monetary penalty imposed under Part 19; (b) 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; and (c) any 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. 86 2018, c. 31, s. 243