An Act to amend the Canada Elections Act and the Income Tax Act (political financing) (S.C. 2003, c. 19)

Assented to 2003-06-19

  •  (1) Subsection 514(1) of the Act is replaced by the following:

    Marginal note:Limitation period
    • 514. (1) A prosecution for an offence under this Act must be instituted within 18 months after the day on which the Commissioner becomes aware of the facts giving rise to the prosecution and not later than seven years after the day on which the offence was committed.

  • (2) Section 514 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Commissioner’s certificate

      (3) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the facts giving rise to a prosecution, is admissible in evidence without proof of the signature or of the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.

 The Act is amended by adding the following after section 536:

Marginal note:Political financing

536.1 After the submission to the House of Commons of a report under section 535 in relation to the first general election following the coming into force of this section, any committee of that House to which the report is referred shall, in addition to considering the report, consider the effects of the provisions of this Act concerning political financing that came into force on the same day as this section.

 Subsection 541(1) of the Act is replaced by the following:

Marginal note:Inspection of instructions, correspondence and other reports
  • 541. (1) All documents referred to in section 403.35, 424, 429, 435.3, 435.35, 451, 455, 478.23 or 478.3, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions or rulings by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours.

TRANSITIONAL PROVISIONS

Marginal note:Prior contributions

 A contribution made before the coming into force of this section shall not be taken into account for the purposes of subsections 404.1(1) and 405(1) of the Canada Elections Act, as enacted by this Act.

Marginal note:Coming into force during an election period
  •  (1) If this section comes into force during an election period, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses.

  • Marginal note:Prior elections

    (2) For greater certainty, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to any election that preceded the coming into force of this section and to all related obligations or rights including obligations to report and rights to reimbursement of election expenses.