ECIElection Campaign-Finance Index

Section 367(1) explicitly and exhaustively codifies contribution limits in statute, specifying four distinct categories with precise dollar amounts and temporal applicability. The limits are set directly by law, not delegated to administrative discretion, and subsection (1.1) establishes an automatic annual indexing mechanism, further demonstrating statutory grounding. This satisfies the procedural clarity requirement for CONT.1.

“no individual shall make contributions that exceed (a) $1,500 in total in any calendar year to a particular registered party; (b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party; (c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and (d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.”

The section provides a penalty schedule with clear statutory reference to third-party expense limits (subsections 349.1-349.3, section 349.4, 349.5-349.8, 349.91-349.94), establishing that independent expenditure rules exist and are codified in statute. However, this enforcement section does not itself enumerate the substantive rules—it cross-references them without restating the limits, definitions, or procedural requirements (e.g., what constitutes an 'exceeding' limit, registration thresholds, filing deadlines, or audit requirements). To fully assess CONT.2, one would need to examine those cited sections (349.1-349.94) to confirm the rules are exhaustively defined in statute.

“Every person is guilty of an offence who, being a third party, contravenes (a) any of subsections 349.1(1) to (3) (exceeding pre-election period expenses limits); (b) section 349.4 (foreign third party incurring pre-election period expenses); (c) section 349.5 (failure to identify self in advertising); (d) subsection 349.6(1) (failure to register); (e) section 349.7 (failure to appoint financial agent) or subsection 349.8(1) (failure to appoint auditor); (f) subsection 349.91(1) or 349.92(1) (failure to file interim third-party expenses return)”

The statute addresses anonymous contributions and mandates record-keeping of their collection, but does not specify a defined disposition—i.e., whether they must be returned, forfeited, deposited to a general fund, or treated in some other manner. The procedural framework for what happens to those funds after collection is absent.

“If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following: (a) a description of the function at which the contributions were collected; (b) the date of the function; (c) the approximate number of people at the function; and (d) the total amount of the anonymous contributions received.”

Section 477.59(2)(h) explicitly codifies in statute the disclosure threshold of $200, above which a contributor's identity and contribution amounts must be reported. The threshold is defined directly in the statutory text rather than delegated to regulation, and applies to all contributions above that amount.

“the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each of those contributions and the date on which the candidate received it”

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Section 475.5 addresses the disposition of anonymous contributions (forwarding them to the Receiver General) but does not establish an enumerated filing schedule with specific deadlines. The phrase 'without delay' is vague temporal language that does not constitute a defined filing schedule with concrete dates (e.g., pre-election, post-election, quarterly deadlines). DISC.2 requires statutory specification of *when* financial reports must be filed; this section addresses *what* to do with unidentifiable contributions, not periodic filing obligations.

The section requires disclosure of contributor name (and address for aggregated contributions exceeding $200), but only when the identity is known and ascertainable. The statute does not mandate collection or disclosure of occupation or employer information. The provision addresses what happens when identity is unknown (forfeiture to the Receiver General) but does not establish a comprehensive disclosure requirement for name, address, occupation, and employer as the criterion requires.

“If the name of the contributor of a contribution of more than $20 to a leadership contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a leadership contestant, is not known”

The section statutorily mandates publication of third-party advertising returns, satisfying the requirement for legal obligation and public accessibility. However, the criterion requires a 'defined time' for online access, and the statute only specifies 'as soon as feasible' and 'within one year' for some filings—vague temporal standards that lack the precision of fixed deadlines (e.g., 'within 5 business days'). The statute does not explicitly require online accessibility; it grants the Chief Electoral Officer discretion on the publication manner. Thus procedural clarity on timing and medium is incomplete.

“publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1)”

The section establishes statutory criminal categorization (illegal and corrupt practices) and specifies one disqualification penalty (electoral and Crown-office ineligibility for 5–7 years post-conviction). However, it explicitly defers to other statutory provisions for 'any other punishment for that offence prescribed by this Act,' meaning the fine and imprisonment schedules are codified elsewhere, not in this section. The criterion requires penalties to be 'defined in statute with specified amounts'—they are statutory, but the amounts are not enumerated here, limiting the completeness of procedural clarity in this single section.

“Any person who is convicted of having committed an offence that is an illegal practice or a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by this Act, in the case of an illegal practice, during the next five years or, in the case of a corrupt practice, during the next seven years, after the date of their being so convicted, not be entitled to (a) be elected to or sit in the House of Commons; or (b) hold any office in the nomination of the Crown or of the Governor in Council.”

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Section 509.2 describes the Commissioner's enforcement duties and powers (investigation, prosecution, compliance agreements, penalties, undertakings) but contains no information about how the Commissioner is appointed, the appointment process, or protections from political control. The criterion requires procedural clarity on independence via multi-branch appointment and in-cycle insulation; this section addresses only the scope of enforcement authority, not the structural safeguards that would establish independence.

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Section 512(1) explicitly prohibits private prosecution for offences under the Act, restricting enforcement to the Commissioner or Director of Public Prosecutions acting with consent. This section affirmatively negates rather than provides a private right of action for campaign-finance violations.

Section 351.1(1) provides a clear, unambiguous statutory prohibition on foreign third parties incurring partisan activity, election advertising, and election survey expenses during an election period. Subsection (2) defines 'foreign third party' exhaustively by reference to citizenship, residency, and incorporation status, establishing a bright-line statutory rule rather than discretionary administrative criteria. The provision directly restricts foreign-source spending in Canadian elections.

“A foreign third party shall not incur the following expenses: (a) partisan activity expenses in relation to a partisan activity that is carried out during an election period; (b) election advertising expenses in relation to an election advertising message that is transmitted during that period; and (c) election survey expenses in relation to an election survey that is conducted during that period.”

The statute addresses one indirect foreign-source channel: foreign-incorporated corporations and entities, including those carrying on business in Canada if their primary purpose is to influence electors. However, the provision does not require ownership tracing (e.g., tracing beneficial ownership to foreign nationals, foreign-controlled domestic corporations, or shell entities). It addresses entity-level incorporation location but lacks comprehensive rules for detecting foreign control or foreign-person pass-through mechanisms.

“if the third party is a corporation or entity, (i) it does not carry on business in Canada, or its primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election, and (ii) it was incorporated, formed or otherwise organized outside Canada”

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Section 282.4 prohibits undue influence by foreign entities and individuals during election periods, but does not establish any statutory requirement for campaign committees to verify that contributors are not foreign-source. The section addresses who cannot influence electors (subsection 1), defines undue influence (subsection 2), and carves out exceptions (subsection 3), but contains no procedural requirement for committees to conduct contributor-verification procedures or implement attestation mechanisms. FOR.3 requires procedural clarity regarding verification methods; this section imposes conduct prohibitions without specifying verification duties on campaign committees.

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: This section addresses auditor eligibility and ineligibility qualifications, establishing who may serve in an audit function. It does not specify any statutory requirement that campaign committees or registered associations retain records for a defined retention period. Record-retention requirements are a separate procedural element that would typically appear in different sections addressing record-keeping obligations.

Section 366 establishes record-retention requirements for contributions (both receipted contributions over $20 and anonymous contributions under $20), which is a necessary precondition for audit access. However, the section does not itself mandate audit authority, post-election audits, threshold-triggered audits, or routine audit cycles. It requires record creation and retention but does not specify who shall audit those records, when, or under what triggering conditions. Audit-access authority would typically be established in a separate section (likely within Part 18 or delegated to Elections Canada/the Chief Electoral Officer) rather than in the receipt and record-keeping rule itself.

“Record keeping (2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following: (a) a description of the function at which the contributions were collected; (b) the date of the function; (c) the approximate number of people at the function; and (d) the total amount of the anonymous contributions received.”