S-236
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
SENATE OF CANADA
BILL S-236
An Act to amend the Canada Elections Act (election expenses)
first reading, May 26, 2009
THE HONOURABLE SENATOR DAWSON
4010825
SUMMARY
This enactment amends the Canada Elections Act to extend the limits on election expenses to pre-election advertising expenses in the three-month period prior to an election period.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
senate of canada
BILL S-236
An Act to amend the Canada Elections Act (election expenses)
2000, c. 9
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 370 of the Canada Elections Act is amended by adding the following after subsection (5):
Same
(6) For the purposes of subsection 407(1.1), an eligible party that becomes registered under subsection (1) is deemed to have been registered from the beginning of the three-month period immediately prior to the election period for that election.
2. (1) Section 407 of the Act is amended by adding the following after subsection (1):
Election expenses prior to election period
(1.1) An election expense includes a cost or non-monetary contribution referred to in paragraph (3)(a) that was incurred or received by a registered party, electoral district association or candidate, to the extent that the property or service for which the cost was incurred, or the non-monetary contribution received, is used to directly promote or oppose a registered party, its leader or a candidate during the three-month period immediately prior to an election period.
No application to by-election
(1.2) Subsection (1.1) does not apply to election expenses of a by-election.
Special rule for pre-election candidate expenses
(1.3) A cost incurred, or a non-monetary contribution received, by a candidate is not included under subsection (1.1) if the cost was incurred, or the contribution was received, before the candidate’s official agent was appointed.
Pre-election expenses of associations
(1.4) Election expenses under subsection (1.1) of an electoral district association of a registered party shall be deemed to be included under subsection (1.1) as election expenses of the candidate of that registered party for that district for the purposes of the following provisions:
(a) sections 440 to 443 (Election Expenses Limit);
(b) sections 451 to 456 (Return on Financing and Expenses in an Electoral Campaign); and
(c) sections 457 to 463 (Corrections and Extended Reporting Periods).
Non-application of special rule for candidate’s expenses
(1.5) For greater certainty, subsection (1.3) does not apply with respect to election expenses deemed to be included as election expenses of a candidate under subsection (1.4).
Elections within three months of each other
(1.6) If there are two or more elections whose election periods are within three months of each other and a cost or non-monetary contribution could, under subsections (1) and (1.1), be an election expense for more than one of those elections, the cost or non-monetary contribution shall be an election expense for the first election only.
If pre-election expenses of party exceed maximum
(1.7) If the election expenses of a registered party included under subsection (1.1) exceed the maximum amount that is allowed for election expenses of the registered party under subsection 422(1), the amount included under subsection (1.1) shall be that maximum amount and not the amount that would otherwise be included under subsection (1.1).
If pre-election expenses of candidate exceed maximum
(1.8) If the election expenses of a candidate included under subsection (1.1), including any election expenses deemed to be included under subsection (1.4), exceed the maximum amount that is allowed for election expenses of the candidate under section 440, the amount included under subsection (1.1) shall be that maximum amount and not the amount that would otherwise be included under subsection (1.1).
(2) Subsection 407(4) of the Act is replaced by the following:
Definition of “cost incurred”
(4) In this section, “cost incurred” means an expense that is incurred, whether it is paid or unpaid.
3. Section 435 of the Act is amended by adding the following after subsection (2):
Pre-election expenses not included
(3) For the purposes of this section, a registered party’s election expenses shall not include any election expenses that would otherwise be included under subsection 407(1.1).
4. The Act is amended by adding the following after section 465:
Pre-election expenses not included
465.1 For the purposes of sections 464 and 465, a candidate’s election expenses shall not include any election expenses that would otherwise be included under subsection 407(1.1), including any election expenses deemed to be included under subsection 407(1.4).
Transition
5. (1) The amendments made by this Act apply to costs incurred, or non-monetary contributions received, on or after the day on which this Act receives royal assent but do not apply to costs incurred, or non-monetary contributions received, before the day on which this Act receives royal assent.
(2) Subsection (1) applies, despite section 554 of the Canada Elections Act, to an election for which the writ is issued within six months after the day on which this Act receives royal assent.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
Canada Elections Act
Clause 1: New.
Clause 2: (1) New.
(2) Existing text of subsection 407(4):
(4) In subsection (1), “cost incurred” means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.
Clause 3: New.
Clause 4: New.