GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 408
Prohibition — false or misleading information (leader) 408 (1) 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) (2) 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 leader (3) No 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 declaration (4) No 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 declaration (5) No 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. 86 2018, c. 31, s. 259
Canada Elections Act — E-2.01 409
Deregistration — no candidates 409 The 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
Canada Elections Act — E-2.01 410
Deregistration — officers or members 410 (1) If 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 to (a) show its compliance with subsection 395(1) within 60 days after the day on which the party receives the notice; or (b) show its compliance with section 402 within 90 days after the day on which the party receives the notice. Extension (2) If 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. Deregistration (3) The 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
Canada Elections Act — E-2.01 411
Notice of deregistration 411 The 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
Canada Elections Act — E-2.01 412
Deregistration — failure to provide documents 412 (1) The Chief Electoral Officer may deregister a registered party if the party fails to provide (a) any of the documents referred to in section 392; (b) a report under subsection 396(2) concerning the appointment of a registered agent; (c) 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; (d) either of the documents referred to in subsections 405(1) and (3) with respect to a change of its leader; (e) 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); (f) a report under subsection 405(1) concerning a change in any other registered information; (g) confirmation under subsection 406(1) or section 407 of the validity of the registered information; (h) a report that is required to be filed under subsection 476.1(1) by the registered party; or (i) a statement that is required under subsection 478.1(1) or (2). Deregistration — failure to publish updated policy for the protection of personal information (2) The 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 information (3) The 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. 86 2018, c. 31, s. 260
Canada Elections Act — E-2.01 413
Deregistration — failure to file return and auditor’s report 413 The Chief Electoral Officer may deregister a registered party if its chief agent fails (a) to provide him or her with a document for a fiscal year in accordance with subsection 432(1); or (b) to 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
Canada Elections Act — E-2.01 414
Voluntary deregistration 414 On 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
Canada Elections Act — E-2.01 415
Procedure for non-voluntary deregistration 415 (1) If 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 must (a) rectify the omission by the discharge of that obligation, (i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 406(1), or (ii) within 30 days after receipt of the notice, in any other case; or (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith. Extension or exemption (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 412 or 413; or (b) specifying a period for compliance with the obligations referred to in subparagraph (1)(a)(i) or (ii), as the case may be. Deregistration (3) The 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
Canada Elections Act — E-2.01 416
Notice of deregistration 416 (1) If 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 deregistration (2) The 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 service (3) The 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
Canada Elections Act — E-2.01 417
Effect of deregistration of registered party 417 If a registered party is deregistered, its registered associations are also deregistered. 2000, c. 9, s. 417; 2014, c. 12, s. 86
Canada Elections Act — E-2.01 418
Notice of deregistration 418 (1) The 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 parties (2) The 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
Canada Elections Act — E-2.01 419
Continuation of registered status for limited purpose 419 A 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
Canada Elections Act — E-2.01 420
Fiscal period and returns 420 The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with (a) the documents referred to in subsection 432(1) for (i) the portion of its current fiscal period ending on the day of its deregistration, and (ii) any earlier fiscal period for which those documents have not already been provided under that subsection; and (b) the 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
Canada Elections Act — E-2.01 421
Application for merger 421 (1) Two 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. Contents (2) An application to merge two or more registered parties shall (a) be certified by the leaders of the merging parties; (b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and (c) contain 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
Canada Elections Act — E-2.01 422
Registration for eligible merged parties 422 (1) The 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 if (a) the application for the merger was not made in the period referred to in subsection 421(1); and (b) he or she is satisfied that (i) the merged party is eligible for registration under this Act, and (ii) the 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. Notice (2) The 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 Gazette (3) If 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
Canada Elections Act — E-2.01 423
Effective date of merger 423 (1) A 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 merger (2) On the merger of two or more registered parties, (a) the merged party is the successor of each merging party; (b) the merged party becomes a registered party; (c) the assets of each merging party are transferred to the merged party; (d) the merged party is responsible for the liabilities of each merging party; (e) 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; (f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and (g) any 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 associations (3) On 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
Canada Elections Act — E-2.01 424
Returns 424 Within six months after a merger (a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 432(1) for (i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and (ii) any earlier fiscal period for which those documents have not been provided; and (b) the merged party shall provide the Chief Electoral Officer with (i) a 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, (ii) 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, and (iii) a 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
Canada Elections Act — E-2.01 425
Duty of chief agent 425 The 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
Canada Elections Act — E-2.01 426
Prohibition — paying expenses 426 (1) No 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 expenses (2) Subject 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 agent (2.1) Despite 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, borrowing (3) No 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 funds (4) No person or entity, other than a registered agent of a registered party, shall, on behalf of the registered party, (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or (b) provide 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, 155 2018, c. 31, s. 261
Canada Elections Act — E-2.01 427
Claim for payment 427 A 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
Canada Elections Act — E-2.01 428
Payment within three years 428 If 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
Canada Elections Act — E-2.01 429
Proceedings to recover payment 429 A 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 amount (a) at any time, if the registered agent refuses to pay that amount or disputes that it is payable; or (b) after the end of the period referred to in section 428, in any other case. 2000, c. 9, s. 429; 2014, c. 12, s. 86
Canada Elections Act — E-2.01 429.1
Maximum partisan advertising expenses 429.1 (1) The maximum amount that is allowed for partisan advertising expenses of a registered party for a pre-election period is $1,400,000. Inflation adjustment factor (2) The 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
Canada Elections Act — E-2.01 429.2
Prohibition — partisan advertising expenses more than maximum amount 429.2 (1) No 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 amount (2) No 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: (a) the potential candidate’s partisan advertising expenses that relate to the partisan advertising engaged in in collusion with the party; and (b) the party’s partisan advertising expenses. Prohibition — collusion by third party (3) No 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
Canada Elections Act — E-2.01 429.3
Message to be authorized 429.3 A 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
Canada Elections Act — E-2.01 430
Maximum election expenses 430 (1) The maximum amount that is allowed for election expenses of a registered party for an election is the product of (a) $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, and (b) 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. Maximum expenses: postponement of polling day (2) If 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 (a) $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; (b) 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; and (c) the number of days by which the election period is extended. Amounts not included in election expenses (3) For the purpose of subsections (1) and (2), an election expense of a registered party does not include (a) a transfer made by or on behalf of it to candidates in the election; or (b) an 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. 86 2018, c. 31, s. 263
Canada Elections Act — E-2.01 431
Prohibition — election expenses more than maximum 431 (1) No 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 — collusion (2) No 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. 86 2018, c. 31, s. 264
Canada Elections Act — E-2.01 432
h a report on the amendment in the prescribed form. Publication (4) The 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 documents (5) The 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 claims (6) The statement of unpaid claims referred to in subparagraph (2)(e)(ii) shall include information indicating (a) each unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; and (b) each 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 more (7) The statement shall include the following information concerning claims referred to in paragraph (6)(b): (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute; (b) whether the claim is the subject of proceedings under section 429; (c) 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; (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule; (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and (f) any other relevant information that could help explain why the amount is unpaid. 2000, c. 9, s. 432; 2014, c. 12, s. 86 2018, c. 31, s. 265
Canada Elections Act — E-2.01 433
Quarterly returns 433 (1) If 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 return (2) A 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. 86 2018, c. 31, s. 266