Election advertising handbook for Third Parties, Financial Agents and Auditors (EC 20227) – July 2015
Registering a Third Party
This chapter covers the following topics:
Introduction
This chapter contains specific information about when and how to apply for registration as a third party under the Canada Elections Act. It explains the legal requirements for qualifying as a third party, completing the application process and reporting changes to registry information.
1.1 What is a third party?
Definition
For the purposes of election advertising, third party means a person or a group other than a candidate, registered party, or electoral district association of a registered party.
This handbook details the application of the Canada Elections Act to third parties with respect to election advertising.
A third party may incur election advertising expenses totalling $500 or more in relation to a general election or a by-election if the third party is:
- an individual who is a Canadian citizen, a permanent resident, or resides in Canada
- a corporation, if it carries on business in Canada
- a group, if the person responsible for the group is a Canadian citizen, a permanent resident, or resides in Canada
Note: Group means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.
1.2 Registration requirements
A person or group must register as a third party immediately after incurring election advertising expenses totalling $500 or more. An election advertising expense is incurred when the third party becomes legally obligated to pay, or in the case of a non-monetary contribution, the expense is incurred when the contribution is accepted.
Alternatively, a person or group may register as a third party if it intends to incur election advertising expenses totalling $500 or more.
Registration cannot take place before the election is called. The person or group must apply for registration by submitting the completed and signed General Form – Third Party to Elections Canada.
Once registered, the person or group is referred to as a registered third party. Third party registration is valid only for the election period for which the application is made.
Note: Foreign third parties that do not fit the above descriptions cannot register with Elections Canada and may only incur less than $500 in election advertising expenses.
Contents of the application
The application to register as a third party must include:
- a signed declaration, confirming:
- the applicant is a Canadian citizen, a permanent resident, or resides in Canada, or is a business or other organization that operates in Canada
- the accuracy of the registration information
- the third party has incurred or intends to incur $500 or more in election advertising expenses
- if the third party is an individual, the name, address, telephone number and signature of the individual
- if the third party is a corporation, the name, address and telephone number of the corporation and its officer who has signing authority, together with the officer's signature
- if the third party is a group, the name, address and telephone number of the group and of the person responsible for the group, together with that person's signature
- the address and telephone number of the third party's office where records are kept and to which communications may be addressed
- if the third party is a trade union, corporation or other entity with a governing body, a copy of the resolution passed by the governing body authorizing it to incur election advertising expenses
- the name, address and telephone number of the third party's financial agent and his or her signed declaration accepting the appointment as financial agent
- the name, address, telephone number and occupation of the third party's auditor and his or her signed declaration accepting the appointment as auditor (an auditor is required if the third party incurs election advertising expenses totalling $5,000 or more)
Changes in registration details
If, after applying for registration, the financial agent or the auditor of the third party is replaced, or any other registry information changes, the third party must immediately send an updated General Form – Third Party to Elections Canada that provides the following information:
- in the case of a new financial agent, the name, address and telephone number of the third party's new financial agent and his or her signed declaration accepting the appointment
- in the case of a new auditor, the name, address, telephone number and occupation of the third party's new auditor and his or her signed declaration accepting the appointment (an auditor is required if the third party incurs election advertising expenses totalling $5,000 or more)
- for any other registry information change, an update to the appropriate fields of the form
1.3 The registration process
Verification of the application by Elections Canada
Elections Canada examines the application for registration to determine whether the third party can be registered. Applications are examined in the order in which they are received.
A third party will not be registered if:
- the application does not conform to the requirements of the Canada Elections Act
- the name of the third party is likely to be confused with the name of a previously registered third party or with the name of an eligible or registered political party or candidate
If a third party cannot be registered for any reason, Elections Canada will inform the person who signed the application for registration, explaining why the third party cannot be registered. The third party must re-apply for registration if it has incurred election advertising expenses totalling $500 or more in relation to that election.
If the application is accepted, Elections Canada informs the person who signed the application for registration.
Registry of Third Parties
Elections Canada maintains a Registry of Third Parties to capture all the details provided by registered third parties in their application and subsequent updates, including the information about their financial agent and auditor (if required).