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Canada Elections Act

Part 18

Division 1

Registration of political parties

Application for Registration

Application for registration

366. (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.

Contents of application

(2) An application for registration must include

Additional information

(3) To confirm that the purpose referred to in paragraph (2)(j) is one of the party's fundamental purposes, the Chief Electoral Officer may ask the party's leader to provide any relevant information, including the information described in subsection 521.1(5).

S.C. 2004, c. 24, s. 3.

Withdrawal of application

367. A leader who has made an application under subsection 366(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.

Eligibility for registration

368. A political party whose leader has made an application under subsection 366(1) becomes eligible for registration if

S.C. 2004, c. 24, s. 4.

Preservation of name

368.1 In the period of 30 days after the deregistration of a political party,

S.C. 2003, c. 19, s. 7.

Notification of eligibility

369. (1) The Chief Electoral Officer shall, as soon as practicable after the day on which the application is received, inform the leader of a political party that has applied to become registered whether or not the party is eligible for registration under section 368. If the party is not eligible, he or she shall also indicate which of that section's requirements have not been met.

Loss of eligibility

(2) A political party, having been informed of its eligibility under subsection (1), loses its eligibility if

S.C. 2004, c. 24, s. 5.

Registration

370. (1) An eligible party becomes a registered party if it has at least one candidate whose nomination has been confirmed for an election and its application to become registered was made at least 60 days before the issue of the writ or writs for that election and has not been withdrawn.

Late application

(2) An eligible party whose application was made after the 60 days referred to in subsection (1) becomes a registered party for the next general election – or any by-election that precedes it – if it satisfies the requirements of that subsection for that election.

Notification

(3) The Chief Electoral Officer shall, as soon as practicable after the 48-hour period following the close of nominations,

Loss of eligibility

(4) An eligible party, other than one referred to in subsection (2), loses its eligibility on being informed under subsection (3) that it has not been registered.

Eligible party deemed registered

(5) For the purposes of sections 407, 422, 429 and 435, an eligible party that becomes registered under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs for that election.

S.C. 2004, c. 24, s. 5.

Report on agents of eligible parties

371. An eligible party shall, within 30 days after being informed, under subsection 369(1), of its eligibility, 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 parties.

Statement of assets and liabilities

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

S.C. 2003, c. 19, s. 8.

Adjustment of fiscal period for newly registered party

373. Without delay after becoming registered, a political party shall, if necessary, vary its fiscal period so that it ends at the end of the calendar year. The then current fiscal period may not be less than 6 months or more than 18 months.

Registry of parties

374. The Chief Electoral Officer shall maintain a registry of parties that contains the information referred to in paragraphs 366(2)(a) to (h) and in subsections 375(3) and 390(3).

Officers, Registered Agents, Auditors and Members

Minimum number of officers

374.1 (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.

Eligibility – officer

(2) Only a person whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party.

Appointment of a replacement

(3) In the event of the death, incapacity, resignation, ineligibility or revocation of the appointment of an officer of a registered party or an eligible party, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days.

Report of appointment

(4) Within 30 days after the appointment of the replacement, the registered party or eligible party shall inform the Chief Electoral Officer by providing a report under subsection 382(1).

S.C. 2004, c. 24, s. 7.

Registered agents

375. (1) A registered party may, subject to any terms and conditions that it specifies, appoint persons to act as its registered agents.

(2) [Repealed]

Report of appointment

(3) Within 30 days after an appointment of a person as a registered agent, the registered party shall provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, that includes the person's name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall enter that information in the registry of parties.

S.C. 2003, c. 19, s. 9.

Agents – eligible corporations

376. (1) A corporation incorporated under the laws of Canada or a province is eligible to be

Agents – ineligible persons

(2) The following persons are not eligible to be a chief agent, a registered agent or an agent:

S.C. 2003, c. 19, s. 10.

Auditor – eligibility

377. (1) Only the following are eligible to be an auditor for a registered party or an eligible party:

Auditor – ineligible persons

(2) The following persons are not eligible to be an auditor:

S.C. 2003, c. 19, s. 11; S.C. 2004, c. 24, s. 8.

Consent

378. A registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act.

S.C. 2004, c. 24, s. 9.

Death, incapacity, resignation or revocation

379. (1) In the event of the death, incapacity, resignation or revocation of the appointment of its chief agent or auditor, a registered party or eligible party shall without delay appoint a replacement.

Report of appointment

(2) Within 30 days after the appointment of a replacement under subsection (1), a registered party or eligible party shall inform the Chief Electoral Officer of it by providing a report under subsection 382(1).

Only one chief agent and auditor

380. A registered party or eligible party shall have only one chief agent and one auditor at a time.

Minimum number of members

380.1 A registered party and an eligible party shall have at least 250 members who are electors.

S.C. 2004, c. 24, s. 10.

Prohibition – officer

381. (1) No person who is not eligible to be an officer of a registered party or an eligible party shall so act.

Prohibition – agent

(1.1) No person who is not eligible to be a chief agent or registered agent of a registered party or an eligible party shall so act.

Prohibition – auditor

(2) No person who is not eligible to be an auditor of a registered party or an eligible party shall so act.

S.C. 2004, c. 24, s. 11.

Prohibition – fundamental purpose

381.1 (1) Subject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party if

Exception

(2) A person referred to in subsection (1) may sign an application under section 388.

S.C. 2004, c. 24, s. 12.

Change of Information Concerning Parties

Change in information

382. (1) Within 30 days after a change in the information on a registered party or an eligible party in the registry of parties, the party shall, in writing, report the change to the Chief Electoral Officer. The report must be certified by the leader of the party.

New name, abbreviation or logo

(2) A report of a change in the information referred to in paragraphs 366(2)(a) to (c) must include a copy of the resolution of the party to make the change. If the changed information complies with subparagraph 368(a)(i) or (ii), the change is deemed to be effective as of

New leader

(3) A report of a change of leader for a party must include a copy of the resolution of the party to appoint the new leader, certified by the new leader and another officer of the party.

New officer, chief agent or auditor

(4) A report under subsection (1) that involves the replacement of an officer, the chief agent or the auditor must include a copy of the consent referred to in section 378.

Registration of change

(5) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of parties.

Entry in registry of electoral district associations

(6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations.

S.C. 2003, c. 19, s. 12; S.C. 2004, c. 24, s. 14.

Confirmation of information at general election

383. (1) A registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, provide the Chief Electoral Officer with

Endorsement of candidates

(2) A registered party and an eligible party, whose leader designates representatives to endorse candidates at a general election, shall include with the statement or report referred to in subsection (1) a statement certified by its leader that sets out the names of the designated representatives.

Confirmation of registration yearly

384. (1) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with

Confirmation of members

(2) On or before June 30 of every third year, beginning in 2007, a registered party and an eligible party shall provide the Chief Electoral Officer with the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party.

Declaration of leader

(3) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with a declaration in the prescribed form by the leader that, having considered all of the factors relevant to determining the party's purposes – including those described in subsection 521.1(5) – one of the party's fundamental purposes is as described in paragraph 366(2)(j).

S.C. 2004, c. 24, s. 15.

Prohibition – false or misleading information (leader)

384.1 (1) No leader of a party shall provide the Chief Electoral Officer with information under section 366 that they know is false or misleading.

Prohibition – false or misleading information (party)

(2) No registered party or eligible party shall provide the Chief Electoral Officer with information under any of sections 382 to 384 that it knows is false or misleading.

Prohibition – certification by leader

(3) No leader of a party shall certify, under any of sections 382 to 384, a report or statement that they know contains false or misleading information.

Prohibition – leader's declaration

(4) No leader of a party shall make a declaration referred to in section 366, 382 or 384 that they know is false or misleading.

Prohibition – member's declaration

(5) No member of a party shall make a declaration referred to in section 366 or 384 that they know is false or misleading.

S.C. 2004, c. 24, s. 16.

Deregistration of Registered Parties

Deregistration – no candidates

385. The Chief Electoral Officer shall, effective on the expiration 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.

S.C. 2004, c. 24, s. 16.

Deregistration – officers or members

385.1 (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 374.1(1) or section 380.1, he or she shall, in writing, notify the party that it is required to show its compliance with

Extension

(2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 374.1(1) or section 380.1 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.

S.C. 2004, c. 24, s. 16.

Notice of deregistration

385.2 The Chief Electoral Officer shall give notice of a deregistration under section 385 or 385.1 to the registered party and its chief agent and of the resulting deregistration under section 389.2 to the registered associations and their financial agents.

S.C. 2003, c. 19, s. 13; S.C. 2004, c. 24, s. 16.

Deregistration – failure to provide documents

386. The Chief Electoral Officer may deregister a registered party if the party fails to provide

S.C. 2003, c. 19, s. 14.

Deregistration – failure to file return and auditor's report

387. The Chief Electoral Officer may deregister a registered party if its chief agent fails to provide the Chief Electoral Officer

S.C. 2003, c. 19, s. 15.

Voluntary deregistration

388. 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.

S.C. 2003, c. 19, s. 16.

Procedure for non-voluntary deregistration

389. (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 do anything referred to in section 386 or 387, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of parties that the party or officer must

Extension or exemption

(2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by

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 amended notice under subsection (2).

S.C. 2003, c. 19, s. 17.

Notice of deregistration

389.1 (1) If the Chief Electoral Officer proposes to deregister a registered party under section 388 or subsection 389(3), the Chief Electoral Officer shall so notify the party and its registered associations.

Date of deregistration

(2) The notice under subsection (1) shall specify the effective date of the deregistration, which shall be at least 15 days after the date of the sending of the notice.

Proof of service of notice

(3) The notice under subsection (1) 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.

S.C. 2003, c. 19, s. 18.

Effect of deregistration of registered party

389.2 If a registered party is deregistered, its registered associations are also deregistered.

S.C. 2003, c. 19, s. 18.

Notice of deregistration

390. (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 parties

(2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of parties.

(3) [Repealed]

S.C. 2003, c. 19, s. 19.

Continuation of registered status for limited purpose

391. A political party that is deregistered continues to have the obligations of a registered party for the application of section 392.

S.C. 2003, c. 19, s. 19.

Fiscal period and returns

392. The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with

S.C. 2003, c. 19, s. 20.

393. [Repealed]

S.C. 2003, c. 19, s. 21.

394. [Repealed]

S.C. 2003, c. 19, s. 21.

395. [Repealed]

S.C. 2003, c. 19, s. 21.

396. [Repealed]

S.C. 2003, c. 19, s. 21.

397. [Repealed]

S.C. 2003, c. 19, s. 21.

398. [Repealed]

S.C. 2003, c. 19, s. 21.

399. [Repealed]

S.C. 2003, c. 19, s. 21.

Merger of Registered Parties

Merger application

400. (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 single registered party resulting from their merger.

Contents

(2) An application to merge two or more registered parties must

Registration for eligible merged parties

401. (1) The Chief Electoral Officer shall amend the registry of parties by replacing the names of the merging parties with the name of the merged party if

Notice

(2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of parties is to be amended under subsection (1).

Notice in Canada Gazette

(3) If the Chief Electoral Officer amends the registry of 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.

Effective date of merger

402. (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of parties under subsection 401(1).

Consequences of merger

(2) On the merger of two or more registered parties,

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 403.01(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.

S.C. 2003, c. 19, s. 22.

Returns

403. Within six months after a merger

S.C. 2001, c. 21, s. 21.

 



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