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Strong and Free Elections Act (S.C. 2026, c. 20)

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Assented to 2026-06-18

PART 12000, c. 9Canada Elections Act (continued)

Amendments to the Act (continued)

 The portion of section 349.94 of the Act before paragraph (a) is replaced by the following:

Marginal note:Prohibition — use of anonymous contributions

349.94 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:

 The Act is amended by adding the following after section 349.94:

Marginal note:Limitation on expenses

  • 349.95 (1) A third party shall use only contributions from Canadian individuals to pay for regulated expenses and shall use, as regulated expenses, only property or services that are contributions from Canadian individuals.

  • Marginal note:Own funds

    (2) However, if the total amount of contributions received, from all sources and for any purpose, by the third party during the previous year is equal to or less than 10% of its revenue for that year, the third party may use its own funds, namely funds that are not contributions made to it, to pay for regulated expenses and may use, as regulated expenses, property or services that it has provided. In that case, the third party shall include a statement, prepared in accordance with generally accepted accounting principles, of its revenues and expenses for that year in the third-party expenses return referred to in section 359.

  • Marginal note:Excluded amounts

    (3) For the purposes of subsection (2), grants and contributions received from the Government of Canada or of a province or from a municipality are not included in determining the third party’s revenue for the previous year.

  • Marginal note:Previous year — choice of third party

    (4) For the purposes of subsections (2) and (3), the third party may choose as their previous year either

    • (a) the calendar year that precedes the calendar year in which a pre-election period occurs, or

    • (b) the fiscal year that precedes the fiscal year in which a pre-election period occurs.

  • Marginal note:Non-application

    (5) This section does not apply in respect of a third party who is an individual or a third party that is not required to register under subsection 349.6(1).

  • Marginal note:Definitions

    (6) The following definitions apply in this section.

    Canadian individual

    Canadian individual means an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. (particulier canadien)

    regulated expenses

    regulated expenses means any of the following expenses:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period. (dépenses réglementées)

 Subparagraph 351.1(2)(b)(i) of the Act is replaced by the following:

  • (i) it does not carry on business in Canada or one of the primary activities that it carries on in Canada during an election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate, potential candidate, registered party or eligible party, at the election, and

  •  (1) Section 357.01 of the Act is amended by adding the following after subsection (2):

    • Marginal note:List of Canadian contributors

      (2.1) If subsection 349.95(1) or 358(1) applies to the third party, the interim third-party expenses return shall include the following for each Canadian individual whose contributions of a total amount of more than $200 were used to pay for the regulated expenses under that subsection:

      • (a) their name and address;

      • (b) the amount of each contribution;

      • (c) a list of the property or services that was contributed; and

      • (d) the date each contribution was made.

  • (2) Paragraphs 357.01(4)(a) to (c) of the Act are replaced by the following:

    • (a) the amount of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);

    • (b) for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name and address and the amount and date of each contribution; and

  • (3) Subsection 357.01(7) of the Act is repealed.

 The portion of section 357.1 of the Act before paragraph (a) is replaced by the following:

Marginal note:Prohibition — use of anonymous 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:

 The Act is amended by adding the following after section 357.1:

Marginal note:Limitation on expenses

  • 358 (1) A third party shall use only contributions from Canadian individuals to pay for regulated expenses and shall use, as regulated expenses, only property or services that are contributions from Canadian individuals.

  • Marginal note:Own funds

    (2) However, if the total amount of contributions received, from all sources and for any purpose, by the third party during the previous year is equal to or less than 10% of its revenue for that year, the third party may use its own funds, namely funds that are not contributions made to it, to pay for regulated expenses and may use, as regulated expenses, property or services that it has provided. In that case, the third party shall include a statement, prepared in accordance with generally accepted accounting principles, of its revenues and expenses for that year in the third-party expenses return referred to in section 359.

  • Marginal note:Excluded amounts

    (3) For the purposes of subsection (2), grants and contributions received from the Government of Canada or of a province or from a municipality are not included in determining the third party’s revenue for the previous year.

  • Marginal note:Previous year — choice of third party

    (4) For the purposes of subsections (2) and (3), the third party may choose as their previous year either

    • (a) the calendar year that precedes the calendar year in which an election period occurs, or

    • (b) the fiscal year that precedes the fiscal year in which an election period occurs.

  • Marginal note:Non-application

    (5) This section does not apply in respect of a third party who is an individual or a third party that is not required to register under subsection 353(1).

  • Marginal note:Definitions

    (6) The following definitions apply in this section.

    Canadian individual

    Canadian individual means an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act. (particulier canadien)

    regulated expenses

    regulated expenses means any of the following expenses:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during an election period;

    • (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. (dépenses réglementées)

  •  (1) Section 359 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Measures taken

      (3.1) If section 349.05 applies to the third party, the third-party expenses return shall set out the measures that the third party has taken in accordance with that section.

    • Marginal note:Statement of revenues and expenses

      (3.2) If subsection 349.95(2) or 358(2) applies to the third party, the third-party expenses return shall include the statement of its revenues and expenses referred to in that subsection.

    • Marginal note:List of Canadian contributors

      (3.3) If subsection 349.95(1) or 358(1) applies to the third party, the third-party expenses return shall include the following for each Canadian individual whose contributions of a total amount of more than $200 were used to pay for the regulated expenses under that subsection:

      • (a) their name and address;

      • (b) the amount of each contribution;

      • (c) a list of the property or services that was contributed; and

      • (d) the date each contribution was made.

  • (2) Paragraphs 359(4)(a) to (b.1) of the Act are replaced by the following:

    • (a) the amount of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning on the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on the polling day referred to in that subsection;

    • (b) for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a), their name and address and the amount and date of each contribution; and

  • (3) Subsection 359(6) of the Act is repealed.

  • (4) Subsection 359(7) of the Act is replaced by the following:

    • Marginal note:Names to be provided

      (7) If the third party is unable to identify which contributions were received during the period referred to in paragraph (4)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the third-party expenses return shall include the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

 The Act is amended by adding the following after section 362:

PART 17.1Prohibitions in Relation to Voting at a Nomination Contest or Leadership Contest

Marginal note:Application

362.1 The provisions of this Part apply inside and outside Canada.

Marginal note:Undue influence by foreigners

  • 362.2 (1) No person or entity referred to in any of paragraphs (a) to (d) shall unduly influence another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest:

    • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and who does not reside in Canada;

    • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada if it does not carry on business in Canada or one of the primary activities that it carries on in Canada consists of doing anything to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest;

    • (c) a trade union that does not hold bargaining rights for employees in Canada; or

    • (d) a foreign economic entity, a foreign entity, a foreign power or a foreign state, as those expressions are defined in subsection 2(1) of the Foreign Interference and Security of Information Act.

  • Marginal note:Meaning of unduly influencing

    (2) For the purposes of subsection (1), a person or entity unduly influences another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest if

    • (a) the person or entity knowingly incurs any expense to directly promote or oppose a nomination contestant or leadership contestant in the nomination contest or leadership contest; or

    • (b) one of the things done by the person or entity to influence the other person is an offence under an Act of Parliament or a regulation made under any such Act, or under an Act of the legislature of a province or a regulation made under any such Act.

  • Marginal note:Exceptions

    (3) For greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the other person to vote or refrain from voting, or to vote or refrain from voting for a nomination contestant or leadership contestant, at a nomination contest or leadership contest, consists of

    • (a) an expression of the person or entity’s opinion about the outcome or desired outcome of the contest;

    • (b) a statement by the person or entity that encourages the other person to vote or refrain from voting for any nomination contestant or leadership contestant in the nomination contest or leadership contest; or

    • (c) the transmission to the public through broadcasting, or through electronic or print media, of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, regardless of the expense incurred in doing so, if no contravention of subsection 330(1) is involved in the transmission.

  • Marginal note:Collusion

    (4) No person or entity shall act in collusion with a person or entity to whom subsection (1) applies for the purpose of contravening that subsection.

  • Marginal note:Selling advertising space

    (5) No person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit a message to influence another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest or to cause such a message to be transmitted.

Marginal note:Offering bribe

  • 362.3 (1) No person shall, directly or indirectly, offer a bribe to influence another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest.

  • Marginal note:Accepting bribe

    (2) No person shall accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest.

Marginal note:Intimidation, etc.

362.4 No person shall

  • (a) by intimidation or duress, compel or attempt to compel another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest; or

  • (b) by any pretence or contrivance, influence or attempt to influence another person to vote or refrain from voting, or to vote or refrain from voting for a particular nomination contestant or leadership contestant, at a nomination contest or leadership contest.

 The Act is amended by adding the following after section 372:

Marginal note:Prohibition — cryptoasset, money order or payment product

372.1 No chief agent of a registered party, financial agent of a registered association, official agent of a candidate or financial agent of a nomination contestant or leadership contestant shall accept a contribution that is in the form of

  • (a) a cryptoasset, namely a digital asset protected by cryptographic measures;

  • (b) a money order; or

  • (c) a prepaid payment product, namely a physical or electronic product that is or can be loaded with funds and that can be used to make withdrawals or purchase goods or services.

Marginal note:Return of cryptoasset, money order or payment product

372.2 If a person or entity referred to in section 372.1 receives a contribution referred to in that section, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant shall, within 30 days after becoming aware of the receipt of the contribution, take one of the following measures:

  • (a) return the contribution unused to the contributor;

  • (b) if it is not possible to return the contribution, destroy it unused;

  • (c) if it is not possible to return or destroy the contribution, convert it into money and pay the amount of it to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

 

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