GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 349.91
ed 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 (6) For the purpose of subsection (4), a contribution includes a loan. Categories (7) 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 (8) If 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. Declaration (9) The interim 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 349.6(2). Supporting documents (10) 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. 2018, c. 31, s. 223
Canada Elections Act — E-2.01 349.92
Interim third-party expenses return 349.92 (1) Every 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 party (a) has 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; or (b) has 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 applies (2) Subsections 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. Exception (3) In 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). Application (4) This 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
Canada Elections Act — E-2.01 349.93
Prohibition — false, misleading or incomplete return 349.93 No third party shall file under subsection 349.91(1) or 349.92(1) an interim 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 349.91 or 349.92, as the case may be. 2018, c. 31, s. 223
Canada Elections Act — E-2.01 349.94
Prohibition — use of certain contributions 349.94 No 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) a partisan activity that is carried out during a pre-election period; (b) a partisan advertising message that is transmitted during that period; and (c) an 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
Canada Elections Act — E-2.01 350
Maximum election period expenses 350 (1) Subject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $350,000: (a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a general election; (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and (c) election survey expenses in relation to election surveys that are conducted during that period. Maximum election period expenses — electoral district (2) Not 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 leader (3) The 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-election (4) Subject 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: (a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a by-election; (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and (c) election survey expenses in relation to election surveys that are conducted during that period. Uncancellable spending (4.1) In 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 factor (5) The 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. (6) [Repealed, 2018, c. 31, s. 224] 2000, c. 9, s. 350; 2014, c. 12, s. 78 2018, c. 31, s. 224
Canada Elections Act — E-2.01 351
Prohibition — circumventing maximum amount 351 A 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. 351 2018, c. 31, s. 225
Canada Elections Act — E-2.01 351.01
Prohibition — collusion with registered party 351.01 (1) No 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 candidate (2) No 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 person (3) No 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
Canada Elections Act — E-2.01 351.1
Prohibition — spending by foreign third parties 351.1 (1) A foreign third party shall not incur the following expenses: (a) partisan activity expenses in relation to a partisan activity that is carried out during an election period; (b) election advertising expenses in relation to an election advertising message that is transmitted during that period; and (c) election survey expenses in relation to an election survey that is conducted during that period. Definition of foreign third party (2) In subsection (1), a foreign third party is a third party in respect of which (a) if the third party is an individual, the individual (i) is not a Canadian citizen, (ii) is not a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , and (iii) does not reside in Canada; (b) if the third party is a corporation or entity, (i) 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, and (ii) it was incorporated, formed or otherwise organized outside Canada; and (c) if the third party is a group, no person who is responsible for the group (i) is a Canadian citizen, (ii) is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , or (iii) resides in Canada. 2014, c. 12, s. 78.1 2018, c. 31, s. 225
Canada Elections Act — E-2.01 352
Advertising to name third party 352 A 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. 352 2018, c. 31, s. 225
Canada Elections Act — E-2.01 354
Appointment of financial agent 354 (1) A 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 appointment (1.1) If, 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 persons (2) The following persons are not eligible to be a financial agent of a third party: (a) a candidate or an official agent of a candidate; (b) a person who is the chief agent, or a registered agent, of a registered party; (c) an election officer or a member of the staff of a returning officer; and (d) a 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. 212 2018, c. 31, s. 227
Canada Elections Act — E-2.01 355
Requirement to appoint auditor 355 (1) A 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: (a) partisan activity expenses in respect of partisan activities that take place during an election period; (b) election advertising expenses in respect of election advertising messages that are transmitted during that period; and (c) election survey expenses in relation to that period. Exception — deemed appointment (1.1) If, 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 criteria (2) The following are eligible to be an auditor for a third party: (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or (b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants. Ineligibility criteria (3) The following persons are not eligible to be an auditor for a third party: (a) the third party’s financial agent; (b) a person who signed the application made under subsection 353(2); (c) an election officer or a member of the staff of a returning officer; (d) a candidate; (e) the official agent of a candidate; (f) the chief agent of a registered party or an eligible party; and (g) a registered agent of a registered party. Notification of appointment (4) Every 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 auditor (5) If 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. 355 2018, c. 31, s. 228
Canada Elections Act — E-2.01 357
Responsibilities of financial agent 357 (1) Every 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. Delegation (2) A 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. (3) [Repealed, 2018, c. 31, s. 230] 2000, c. 9, s. 357 2018, c. 31, s. 230
Canada Elections Act — E-2.01 357.01
the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution; (c) 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 (d) 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 during the period referred to in paragraph (1)(b) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses. Exceptions (5) The 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 (a) under subsection 359(1) in respect of (i) a by-election that was held after the general election referred to in paragraph (1)(b), or (ii) 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); or (b) under subsection 349.91(1) or 349.92(1). Loans (6) For the purpose of subsection (4), a contribution includes a loan. Categories (7) 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 (8) If 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. Declaration (9) The interim 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 349.6(2) or 353(2), as the case may be. Supporting documents (10) 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. 2018, c. 31, s. 231
Canada Elections Act — E-2.01 357.02
Interim third-party expenses return 357.02 (1) Every 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 party (a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1); (b) 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; or (c) has 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 applies (2) Subsections 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. Exception (3) In 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
Canada Elections Act — E-2.01 357.03
Prohibition — false, misleading or incomplete return 357.03 No third party shall file under subsection 357.01(1) or 357.02(1) an interim 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 357.01 or 357.02, as the case may be. 2018, c. 31, s. 231
Canada Elections Act — E-2.01 357.1
Prohibition — use of certain contributions 357.1 No 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) a partisan activity that is carried out during an election period; (b) an election advertising message that is transmitted during that period; and (c) an 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
Canada Elections Act — E-2.01 358.1
Bank account 358.1 (1) A 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 institution (2) The 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 receipts (3) All 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 account (4) After 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 account (5) The third party shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account. 2018, c. 31, s. 233
Canada Elections Act — E-2.01 358.2
Registry of third parties 358.2 The 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